Immigration Blog

Attorney Grafton To Speak At AILA-Carolinas Conference

Attorney Rebekah Grafton has been selected to lecture at the 2018 AILA-Carolinas CLE on Sept 21st 2018.

According to the AILA website, “The AILA-Carolinas CLE: Hot Topics in Immigration Law is a full day CLE program on Friday, September 21, 2018 at The North Carolina State Bar in Raleigh, NC. The CLE is designed for introductory and advanced immigration practitioners in various trending USCIS topics. Panelists will speak in a variety of topics that are relevant to today’s ever-changing political climate within the practice of immigration law”

Attorney Grafton will be speaking about Practice Management Ethics to a wide group of immigration attorneys and professionals.

About the American Immigration Lawyers Association – Carolinas Chapter

Organizer of AILA-Carolinas September 21, 2018 CLE: Hot Topics in Immigration Law

The American Immigration Lawyers Association (AILA) is the national association of more than 14,000 attorneys and law professors who practice and teach immigration law. AILA member attorneys represent U.S. families seeking permanent residence for close family members, as well as U.S. businesses seeking talent from the global marketplace. AILA members also represent foreign students, entertainers, athletes, and asylum seekers, often on a pro bono basis. Founded in 1946, AILA is a nonpartisan, not-for-profit organization that provides continuing legal education, information, professional services, and expertise through its 39 chapters and over 50 national committees.

For more information, please visit the AILA website.

Attorney Rebekah Grafton Named 2019 “Super Lawyers Rising Star”

Fay & Grafton is proud to announce Attorney Rebekah Grafton’s inaugural inclusion into the SuperLawyers ‘Rising Stars’ list for 2019.

The selection process alone sets apart attorneys who have been peer nominated. According to SuperLawyers.com, “Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public.”

Fay & Grafton congratulates Attorney Grafton for her persistence and hard work she does every day on behalf of her clients.

For more information into the inclusion criteria for this award, please visit Rebekah Grafton’s profile on SuperLawyers.com

Rebekah Grafton nominated ‘Top 30 Leaders in the Law’ by the North Carolina Lawyers Weekly

Fay & Grafton law firm is pleased to announce Attorney Rebekah Grafton was nominated as… “one of 30 Honorees being recognized as one of the “Leaders in the Law” by the North Carolina Lawyers Weekly magazine and the Elon Law program”.

North Carolina Lawyers Weekly will host the seventh annual Leaders in the Law awards event in September 2017. We will honor legal professionals licensed and practicing law in the state of North Carolina, who have gone above and beyond in their profession and their community. These honorees represent the most influential individuals within our state’s legal community.

For more information & to review the selection/inclusion criteria regarding the ‘Leaders in the Law’ professional award, please visit the NC Lawyers Weekly Website here: Leaders in the Law

Update on Enforcement of Executive Orders

It has been a busy weekend since the Executive Orders were signed and our country is seeing some of the immediate implications, particularly relating to the 90 day travel ban for immigrants from Iraq, Iran, Syria, Sudan, Somalia, Yemen, and Libya.  Due to the expansiveness of the Order, we are advising anyone who is a national of any of the seven countries not to travel, even if they are lawful permanent residents or dual citizens.

There have been legal battles fought across the country as immigrants with previously issued visas, as well as lawful permanent residents, are being held at airports across the country and are being prevented from boarding their flights to the United States. The federal courts have issued various restraining orders, some limited in their scope and jurisdiction, to prevent the enforcement of parts of the Executive Order. Specifically, in the Eastern District of New York, a temporary injunction was signed on Friday night preventing the deportations of individuals arriving from these countries. In Massachusetts, an injunction was signed that applies only to Boston-Logan Airport preventing deportations, but also requiring the CBP advise the airlines that they should not be preventing passengers from boarding their flights into that airport. In Washington DC, an order was signed ordering access to counsel. Reports from across the country have surfaced, however, that these judicial orders may not be being followed. A press release from the administration itself states that the Executive Order will be enforced. In a third paragraph, it does indicate that judicial orders will be followed, however, it contradicts other statements within the press release. There are additional judicial challenges developing and if you or anyone you know has been deported or refused entry based on the Executive Order, please contact our office so we can put you in touch with the organizations who are coordinating the efforts in federal court.

In addition to the impact seen at our airports, Department of State has also indicated that anyone in the process of pursuing an immigrant visa who is from one of the seven countries may not attend their visa interviews. It is unclear at this time whether cases filed within the United States will also be affected. If you or someone you know has a pending case with United States Citizenship and Immigration Services, is awaiting a visa interview abroad, or has had his or her interview cancelled, please contact an immigration attorney so that your case can be included in the coordinated effort to combat this Executive Order.

As we have seen the expansiveness with which the Executive Order relating to refugees has been interpreted, we expect similar stances relating to the other two Executive Orders issued. In light of that, we are advising everyone who is not a citizen of the United States and who has a pending criminal or traffic matter to speak with an immigration attorney. As local and state enforcement officials are coordinating with Immigration and Customs Enforcement, any minor charge may lead to immigration enforcement efforts. Additionally, due to the possibility of Expedited Removals, where an immigrant can be deported without seeing an Immigration Judge, anyone who is undocumented needs to carry evidence of two years of presence in the United States. If you have any questions about how these orders may affect you, please contact an immigration attorney for advise specific to your case.

Censored: The Cuban Experience

November 25^th, 2016 is a day I will never forget as long as I live. It’s the day that Fidel Castro died. Castro for a lot of Cubans around the world including myself his existence brings up deep pain. As an immigration and criminal lawyer in North Carolina I see my family’s struggle in a lot of my client’s stories. Twenty years after my family immigrated to the United States, Castro’s death provides some closure for me. My story is like many other Cubans. We came here fleeing the Castro regime in the 90’s and seeking freedom. My family was privileged in that we were able to survive in silence. My father, a medical doctor for the military defected first and we immediately went into hiding.  My mother, also a doctor, my sister, and I stayed behind. We survived because we had no other choice.  Three years later we were reunited with him in the United States. Our story, which I speak of very generally because I still have family in Cuba is very common. Cuban people have risked their lives trying to reach the United States for 60 years.

Cuba is a prison for its people.

For many years Cuba was a place where you were no longer were allowed to own a business, you could not express your opinion freely, you could not practice your religion, and a place where the persecution of free thinkers was and still is common. To this day there are political prisoners in prison who have spoken out against Castro’s regime. The persecution began in 1959 when Castro took power. Castro promised free elections and that promise quickly faded along with the freedoms that the Cuban people had enjoyed for decades. What followed during the next 60 years was a complete drain of resources in Cuba by the government that led to hunger, extreme poverty, civil rights violations, and a lack of basic resources for the Cuban people. Another giant restriction was the inability of Cuban people to travel. Living in Cuba we saw all of the despair, restrictions, imprisonment and persecution of our people on a daily basis. During Castro’s reign thousands of men and women were murdered savagely. Families that were left behind were shamed and stripped of every human dignity.  In Cuba to this day you’ll be hard pressed to find aspirin, inhalers and antibiotics for its people.

Castro’s death marks the end to a very long and difficult chapter for Cubans around the world. His death won’t heal wounds, bring his victims back, restore free press, or fix the infrastructure in Cuba. I hope his death provides some peace to those affected by his dictatorship. For those that believe that he was a great revolutionary I simply say that I am glad you live in a country where you can support whoever you want without fearing persecution. Some of us didn’t have that privilege when we were in Cuba.

I have never gone back to Cuba since I left, mostly out of fear. However, for the last two years I have contemplated returning to see my home. For me, practicing immigration and criminal law is my way of giving back to this country that has given me so much. Helping others become lawful permanent residents, United States citizens, or represent someone when accused of a crime is an amazing privilege. The great Cuban writer and poet Jose Marti once said that to be educated is the only way to be free. He believed that being aware of what’s going on and educating yourself would make you free no matter what your circumstances were. I believe deeply in his words.  We live in a country where all things are possible, where you can educate yourself, become whatever you want, and where your opinion is freely heard without repercussions. That’s why I love the United States.

-Ana Sofia Nunez

Why Do I Need an Immigration Attorney?

At Fay and Grafton, we often meet with potential clients who have what seem to be basic questions about how to fill out their forms, whether it is an Adjustment of Status, a Petition to Remove Conditions on Residence, a Naturalization, etc. While our ethical obligations and the federal regulations prevent us from simply telling someone how to answer a particular question without serving as the preparer of the form, these consultations regularly result in the discussion of multiple additional issues that may not have been considered by the applicant. These issues often include claims to citizenship made on I-9 Forms to obtain work, issues of non-immigrant intent versus immigrant intent, financial support obligations, prior criminal charges, even if they have been dismissed or expunged, and many others. We are always hopeful that we get the opportunity to speak with applicants before anything is filed with United States Citizenship and Immigration Services (USCIS) because once an application or petition is filed, the applicant risks the possibility that he or she will be placed in removal (deportation) proceedings and face losing his or her ability to remain in the United States. Not only will an immigration attorney be able to address any potential issues that could arise, if you use an attorney to file your case, you are represented throughout your case. You will have legal representation at your interview and an attorney ready to respond if USCIS requests any additional documentation.

Unfortunately, we also often meet with applicants who have tried to file applications themselves and have had their case stalled due to a Request for Evidence or a Notice of Intent to Deny. We are often able to step in and respond to the inquiry quickly, however, it is more difficult than if our office had prepared the application. Oftentimes, the evidence is something that we would have submitted from the outset of the case, avoiding the unnecessary delay of a Request for Evidence, or it is an issue that cannot be overcome and we are left to simply prepare for the possibility of Immigration Court. It is true that Requests for Evidence are sometimes issued for documents that we could not have predicted USCIS would want, but by having an immigration attorney prepared to respond, we can work swiftly to get the case back on track.

Hiring an immigration attorney can minimize your risks of having your case denied, avoid unnecessary delays due to missing documents or evidence, allows you to have someone prepared to swiftly respond to any inquiries from the government, and allow you to feel more comfortable at your interview knowing a trained professional is on your side. Your immigration case is being reviewed by officers and attorneys who have years of training and experience in the intricacies of the Immigration and Nationality Act and corresponding regulations and policies. Shouldn’t you have someone with similar experience helping you present your case?

Why should you chose Fay and Grafton? Rebekah Grafton brings the unique experience of having worked for the Department of Homeland Security and Immigration and Customs Enforcement. She is able to analyze, prepare, and litigate cases with the knowledge of how these cases are reviewed by government officers and attorneys. Her associate, Ana Nunez, brings the unique experience of having worked for the public defender’s office handling criminal cases and speaks Spanish. Together, our team of immigration attorneys will zealously represent you in your immigration case, whether it is before USCIS, the Immigration Court, or on appellate review.