Episode Transcript
[00:00:00] Speaker A: Welcome to Immigration Today. I'm Elizabeth Trifonis, and today we're breaking down policies, stories and issues that matter. You're watching NOW Media Television.
Welcome to Immigration Today where we help you navigate the legal, professional, and personal realities of the immigration journey. I'm your host, Elizabeth Trifonis, and today we're joined by Roberto Juan Ortiz, a principal at Wearmouth, Pinal and Ortiz in Miami.
He has over 27 years of experience in immigration law and is a longtime ILA member, which is a member of the American Immigration Lawyers Association.
Roberto has helped professionals, investors, and families from around the world build new lives and careers in the United States.
Today we're starting with a challenge that affects so many immigrants arriving with education, an abundance of experience, inhibition, but finding that their career path suddenly feels out of reach, particularly with lots of legal changes amongst us.
Roberto, welcome to the show. And we're going to dive into those professional barriers that immigrants face when trying to rebuild their careers in the United States.
We're so excited that you're here with us.
I'm sure you know that the problem facing many in the audience is that being qualified and experienced but unable to work in their profession after immigrating, and that feels like starting all over from zero.
I'm in Jackson Hole, Wyoming, and I kind of laugh that the service industry that supports our tourism is the most educated population that we have because we have people with Master's degrees and PhDs and folks with decades worth of experience who have given all of that up to serve in our hotels and our restaurants.
So why do you think that is with so many skilled immigrants struggling to reenter professional fields? And. And what are you seeing as the changes that I feel in the last year have dramatically shifted as well?
[00:01:58] Speaker B: Well, thank you again for the invite and good afternoon.
I think first of all, the main issue is the language.
That is an issue that prevents a lot of them to move forward.
Another one depends on what they're trying to do. I mean, I have a lot of clients that, for example, have done are attorneys in their country and they come here and they want to become attorneys. And unfortunately, they have to take, some of them have to take an LLM. Then after they take the LLM, they have to do a bar exam. And sometimes they cannot even do the same bar exam from their own state. I have a client from Mexico who just recently passed the LLM and now he's getting ready to take the one, the bar in New York City, and he lives here in Florida. I mean, he'll be able to do federal law. But I think that the issue is that a lot of the times they come here, I mean, some come prepared, some come unprepared. And then once they get here, they don't know the different restrictions that they have to become, you know, to evaluate their degree so they can start the profession again.
Right.
[00:03:09] Speaker A: I get asked the question a lot. Why would a lawyer from another country even come here? Why don't they just be a lawyer in their native country? And I like to remind people that folks that are doing well or comfortable or not being persecuted or harmed or lack opportunity would stay home.
So essentially, is it your experience that people are actually giving up quite a bit to try to start all over in the first place, coming to our country?
[00:03:36] Speaker B: Well, I think the main issue is their kids. A lot of my clients come here because of their kids. Like you said, some of them have great jobs, great families, great resources, excellent house and everything.
But they see what the country's like and they don't like what that's going to be to their kids. So that's why they make the jump and they make that chance to immigrate because it's better for their kids.
And then when they come here, they find the first job that they can so that they can contribute and then help that reality and that dream for their child or children in the long run.
[00:04:23] Speaker A: Right. And I think you mentioned this, folks when they show up aren't immediately accepted into their trained careers or their fields back at home. So they'll take that first server job or working anywhere they can, cleaning, just anything to make sure ends are meet. Is that what you're finding?
[00:04:39] Speaker B: Yeah, I mean, for example, I was just listening to an interview with Andy Garcia, the actor, and he was saying that when his parents came here, the parents were affluent over there in Cuba. When they came over here, they started working a catering business because that was the first and only thing that they had. They started living in a motel room and there were like six of them.
But you know, as time goes along, they became prominent in the new job that they have. And that's one of the things that you cannot take away from immigrants. Immigrants will do anything to move forward.
They won't get stuck. So I mean, they from everything. I mean, I've been doing this for 27 years and I've been from all course of flights. I've seen people from everywhere.
And usually I remember when I worked in a small law firm in Little Havana, the main thing that all the clients wanted to do was how I get my Work permit. So they have that train of thought that they want to work, regardless if it's what they did in their country or not, they are going to work and move forward and prosper.
And that's something that is very, very good for that a lot of people don't see in immigrants.
[00:05:52] Speaker A: Right? Yeah. I think that I get the question a lot just how do I get my work permit? So then how can I get my driver's license? And I always explain you there has to be a basis for that employment authorization first. It's not just, hey, I want to work. You've done this 27 years.
You know, it's a long process to get that basis to work situated.
Do you have any recommendations for individuals that are setting out on that path and what's some practical steps they can take to rebuild and get that authorization and move forward?
[00:06:26] Speaker B: I would say that the best thing that they can do is do your research and make sure that before you make that step, either contract an immigration attorney or research yourself what needs to be done for you to come here. Because a lot of people come in here and say, I'm just gonna wing it. You can't do that.
Especially now with this administration.
You have to do things right and there's avenues to do it. It's just you, you have to sit down with someone and not all cases are the same. That's an issue that, you know, people come in and they say, look, I wanna do the same thing that my friend is doing. And you can't because there are different scenario, different facts.
And that's basically what people need to do. They need to get educated before making that jump to coming to the states and immigrating to the United States.
[00:07:20] Speaker A: Right. I love that saying that, well, I did it the right way, so, so and so can do it the right way. And I like to remind people the right way in 2007 or 2001 or even 2018 has changed significantly.
And so it's not. Yeah, if your T.O. did it one way doesn't mean that's what's available to you today.
People should remember that. I also, I think a lot of folks show up and like you said, they just start working right away.
And maybe they don't even know that that B1, B2, that tourist visa that they came in on and starting to do that might actually harm them downstream with some employer sponsorships and things later on.
So, yeah, getting that actual information on how to do things the right way, which few ways exist. Right, is really crucial so that you don't close out those pathways, I guess, with your employers that are doing sponsors, because you have a tremendous amount of expertise in the business. Immigration benefits inside. How do employers start to identify in their communities and recognize that immigrant talent that's around them? How do they find that or reach out?
[00:08:29] Speaker B: Well, a lot of times, either the client has some sort of work permit, like either the wife has a certain visa and he has a work permit, and they start working for them and they see how good they are, and then they ask, can we sponsor them? That's one way. Other ways are from colleges.
A lot of people that graduate and then they get after graduation to get their optical practical training, and they can work a year or sometimes three years if they have the stem.
Those are the ways that usually they do. I mean, it's through either the colleges or the fact that the person's already working with them and they see the value of that person and they want to help the person stay with them because they see them as a valuable employee for the company.
[00:09:21] Speaker A: Right. So they've built that relationship and should seek you out on how to further it along the way.
I'm curious, with government shutdowns, will that impact what you're seeing with business owners, actually employ an immigrant workforce at this time?
[00:09:40] Speaker B: Well, the issue is not only the stoppage, it's the fact that they're making it harder. As you know, the H1B, which is the professional visa, now they're putting a target of $100,000 for a company to petition somebody with an H1B visa. And also they're putting a higher threshold that it has to be a higher salary.
Those are how they're going to select the people, because it's a lottery.
But they're making it a lot harder because that's the usual visa for a graduate of university. That was a usual visa to go, so they can start working with the company and then in the future proceed to do a labor certification and become a resident.
[00:10:22] Speaker A: So.
[00:10:22] Speaker B: So they're making a lot harder with that $100,000 penalty that they're giving the companies for petitioning somebody from abroad.
[00:10:29] Speaker A: Right. The H1B, that skilled worker. I always think of that as our graduate students and our tech industry professionals, PhD candidates often. And they can get in that process. And then while they have that H1B, actually work toward that permanent status with that employer, which seems to be a really excellent path for us economically and for our businesses. But I question which PhD students may have $100,000 laying around when they first show up to the United States. I guess we'll see.
[00:10:59] Speaker B: Well, it's actually the company that has to pay, not the employee.
[00:11:04] Speaker A: Got to be a very valuable employee for the company to do that. I'd like to think mine would do that, but that's a tall bonus order. It seems so.
And do you think we're going to see more of that continuing on this year, those types of we want the more wealthy, the golden ticket type situations?
[00:11:25] Speaker B: Well, I mean, so far I haven't seen any changes on the other visas like the L1 and the E2 that has stayed the same. No changes on that. I think it was basically the H1B because of the high percentage of foreigners that were being asked for to come in, which it doesn't make sense because a lot of them study here.
So they have all this study from here and they stay here. So, I mean, that means that we're doing something right in our universities for them wanting to stay here instead of studying here and leaving to go to another country.
[00:12:00] Speaker A: Right. I like to call that, you know, we're exporting our talent, actually. But I want to just stop you right there because up next we'll talk about the pressure that many immigrants face when their legal status is tied directly to their job. I think you were just getting into that. And we'll be right back.
We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on IMMIGRATION today. Hi, I'm Elizabeth Trifonis, host of Immigration Today on NOW Media Television. This show is a platform for clear, informed and compassionate discussion about immigration, the policies, the processes and the powerful personal stories behind them. We're looking for contributors who bring insight, experience or firsthand perspective on immigration, whether you're an attorney, advocate, community leader, business owner or someone with a compelling personal story. Immigration Today airs weekly on NOW Media Television and streams across Roku, Apple TV, iHeartRadio, Sirius XM and major platforms nationwide. If you're interested in sharing your voice and helping others navigate the immigration journey with clarity and confidence, click the link below to schedule a short zoom to connect. And we're back. I'm Elizabeth Trifonis, and this is Immigration TODAY on NOW Media Television. Let's continue the conversation.
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Welcome back to Immigration Today. We're here again with immigration attorney Roberto Juan Ortiz. And now we're focusing on the emotional and legal pressures that comes with employment based immigration.
This is a difficult system.
It's got a lot of ins and outs and changes all the time. And the difficulty for most people in our audience is relying on an employer for immigration status and often feels like their entire future depends on keeping that one job.
So, Roberto, how do employment based visas tie legal status to a person's job, if they do at all?
[00:14:34] Speaker B: Well, it depends. It depends on the person. Like we were talking about the H1B visa. The H1B visa allows you to be here for three years and you can extend it for three more years.
Now it's with one employer. Now if that employer decides to fire you, the H1B allows you to port to a new company within a reasonable time of losing your job, maybe 60, 90 days.
But there are different type of visas. For example, the L1 visa, if you lose your job, you lose your job and you have to leave.
[00:15:07] Speaker A: And that's the intercompany transfer, is that right?
[00:15:10] Speaker B: Yeah.
[00:15:10] Speaker A: Right, yeah.
[00:15:11] Speaker B: And then the E2 visa, because the E2 visa does have a manager portion or the E2 visas, the investor visa, if you lose that job, then you have to leave as well.
So, I mean, I think that the H1B is the nicest one out of them all because you can actually port to a new job.
But the other ones, you all have to leave. I mean, same thing with an O visa, which is extraordinary where you need a sponsor. If you lose that job, then you have to leave or try to get another sponsor to petition for you.
[00:15:42] Speaker A: Well, and that's a tricky situation because I think there's the balance of it's maybe not the right fit on a job, but you're going to stay because it's tied to your privileges or your status versus, okay, now you're being maybe abused at your workplace or something's not fair, or perhaps you're even in a trafficking situation. We unfortunately have a lot of human trafficking situations that become under investigation with different companies in our area.
So what do you recommend? If someone is in a bad job, who should they seek out? Should they bring that to you? Should they reach out to another organization? Or what would you advise?
[00:16:21] Speaker B: I think the most important thing Is number one, if a person is being petitioned for a visa by a company and the company has their own attorney, get your own attorney.
Because usually the attorney with the employer is looking for the employer's benefit, not the employee benefit. So that's number one. So nothing. The best thing would be to go to the attorney, talk to the attorney, see the situation, and see what avenues you have to move on and then determine if it's a point where we have to go to the. An agency of the government to say, look, this guy is out of hand and he's abusing us and this is why he's abusing us, and go from there. And maybe in that scenario, some sort of maybe try and see if he qualifies for a U visa or some sort of way of trying to stay here or not or leaving in an appropriate manner so they don't have to get deported.
[00:17:19] Speaker A: Right. I think that you highlighted this, but having a plan, like if you need to move that H1B, there's a process that takes some time to do that. You can't just go work for another company. You need to lay out your next steps. And that would be the same for any other work visa. Figure out what the next steps need to be before you react and either quit or do something that might implicate your future status moving forward.
If someone is fired from their job, how does that maybe change the status of their work visa or the obligations of the employer or that employee?
[00:17:52] Speaker B: Well, if they're fired, they usually should be leaving within 30, 60 days so they don't accrue any unlawful presence.
The only difference is, like we've talked about before, is the H1B that they can actually port to another company within the reasonable time, you know, 60, 90 days, they have to port to a same or similar occupation.
So with the other visas, it's very difficult. I mean, most of the time is you're fired, you probably have to leave and then go from there. Unless you have some sort of other status or process going on that you don't have to leave. I mean, maybe let's say you're in the fifth year of your H1B visa and your wife is doing labor certification to obtain residency, and you're already in the stage where you're applying for law for permanent residency, then you might not have to leave.
So, I mean, it's case by case.
But the majority of the visas except the H1B don't have the portability. And you basically have to either look for something else and then try and petition and leave the states or leave the United States altogether.
[00:19:06] Speaker A: Right. I think getting into different categories. Right. Maybe you came in with an employment based situation, but you've been married or you've had a kid or you've been a victim of a crime. Talking with someone who's knowledgeable about all those different strategies and making a next plan is very helpful. You mentioned, I think something very important though about this unlawful presence.
Right. Of people are here a certain amount of time, say six months out of status and then they leave, they trigger certain penalties. A three year bar, it's longer than a year, they leave and they trigger a 10 year bar. And knowing that and making that plan on leaving before those triggers happen so that you can come back lawfully takes. I mean those are factually intensive questions that people need to reach out to you and have an understanding and a plan of when they're leaving and why or maybe if they've missed that deadline and they're not leaving and they're going to try a different way to fix things, I guess is there.
You mentioned talking with a lawyer and organizations, but it sounds like just reaching out and understanding what the steps are so you can make good decisions is the most practical advice I'm hearing from you. Is there anything else or anywhere else people can look to understand this complication?
[00:20:22] Speaker B: Well, no, I think that the best thing is to talk to an attorney, to an experienced attorney that knows what they're doing so you can see the different ways of doing it. And if the person does not know an attorney, one of the best options is go to the American Immigration Lawyers association website that they have a list of different attorneys in your area by different whether it's deportation, whether it's a business, anything else, they have it there.
So that's one of the ways that the American Immigration Lawyers association helps out with trying to find an attorney for you in the area where you're at.
But I think that's extremely important for the person to seek out their own counsel so that they can review their own situation.
Not my friends or other friends, not your situation and your facts to make sure that you have the right idea of what you want to do and how you can do it properly.
[00:21:22] Speaker A: Right. And I think people, you mentioned it. If the attorney is working for the employer on that side, their duty is really to that employer.
The employer is responsible for what they come to learn or should actually know or maybe should be told. And so sometimes less is more on the employee side, maybe not telling your employer all the ins and outs of your situation, but rather taking that to your own attorney where you have that own level of confidentiality and can strategize for yourself.
Those meetings where the employer and the employee show up together and they're just friends and they just want to keep talking. And I need to put the kibosh on that. And it's not helpful to anybody, actually. I'm not trying to be mean. It just.
It's protective.
In your 27 years, do you have a favorite category that you like to work with? A favorite type of visa or employee or process?
The business? Immigration side of things is really technically difficult, in my opinion, and it's hard. Is there one that you prefer the most?
[00:22:28] Speaker B: Well, the ones that I've done the most in my career have been L visas, E2 visas. And I've become pretty good at doing EB5s as well.
So during the career, I think that in last year, I did the most EB5s in a long time.
And so I've become proficient at doing that and looking at the source of funds to make sure that that's the most important thing. For the E2 visa, which is the investor visa, and the EB5, which goes directly to residency. That's the most important part. To look at the source of funds, make sure that the funds are legitimate and we can prove it. Whether it's from a gift, the sale of real estate, dividends, or your savings that you've had for your life. But yeah, those are the three that I do the most.
[00:23:23] Speaker A: And what is those financial limits on the EB5 for our viewers who are listening and might be interested that?
[00:23:30] Speaker B: The EB5 is an immigrant visa, so it goes straight to residency.
And you either have to invest $800,000 if the investment is located in a rural or targeted employment area.
If it's anywhere else, it's 1,050,000. And usually a lot of the clients invest in what's called the regional center.
Regional center is a region that has been designed, designated by the US Government, where private companies can come in with projects that can be either from hotels, resorts, over 55 living facilities.
And in that area, if it's a rural or targeted employment area, they can count the jobs that are direct, indirect and induced so that it's a lot different than if you do a direct B5, which is your own, and you create a new commercial enterprise, you have to have 10 full time jobs direct, which is kind of hard, right?
[00:24:37] Speaker A: Where can people reach out to find you, Roberto, so they can get this information directly.
[00:24:43] Speaker B: Well, they can. I have Instagram ppolawfirm my website www.wpolaw.com.
either one of those they can contact me and actually they can also send me a message through the Instagram or the website has a way to contact us that they can contact us for any of the things that we talked about today. Beautiful.
[00:25:12] Speaker A: Great. Coming up, we break down immigration policy changes, how they really affect people on the ground to the best of our ability, given how quickly they are changing.
We'll be right back with more insight, context and useful information about immigration law and life. Stay with us on Immigration today. Hi, I'm Elizabeth Trifonis, host of Immigration Today on NOW Media Television. This show is a platform for clear, informed and compassionate discussion about immigration, the policies, the processes and the powerful personal stories behind them. We're looking for contributors bring insight, experience or firsthand perspective on immigration, whether you're an attorney, advocate, community leader, business owner, or someone with a compelling personal story. Immigration Today airs weekly on Now Media Television and streams across Roku, Apple TV, iHeartRadio, Sirius XM and major platforms nationwide. If you're interested in sharing your voice and helping others navigate the immigration journey with clarity and confidence, click the link below to schedule a short zoom to connect. And we're back. Elizabeth. I'm Elizabeth Trifonis and this is Immigration Today on NOW Media Television. Let's continue the conversation.
Welcome back to Immigration today. Immigration policy changes dominate the headlines these days, but understanding what they truly mean is often confusing and overwhelming. And I would add that even if you did understand them yesterday, chances are they're changing again today.
And keeping up with it is like being in a house of mirrors, I believe our ILA president said at one point in time. And so the problem facing people is really understanding how those policy changes affect their individual case.
And I know, Roberto, you probably deal with clients that call you regularly where there's been a policy change they saw on the news, whether it's that $100,000 filing fee or a category that may be closed out, some changes with maybe the golden ticket. How are you trying to help people with those updates and what recommendations can you offer for folks that are really fearful that what they thought they had might be changing tomorrow?
[00:27:20] Speaker B: Well, I think the number one thing is try not to be overwhelmed by social media. Okay. When a policy comes out, sometimes you have to give it time to come out and to be explained.
So give it a few days so that we can get all the information.
And I say, yeah, contact your attorney if you don't have an attorney, get an attorney and find out exactly what it is.
But try to be patient. I know it's very hard because of the situation, but patience, I think is super important in this type because there's a lot of details that come out in these different policy changes and we have to as attorneys, read them, understand them and make sure that it happens. And a lot of times, thank God, you know, we have people that actually go after and sue for these type of changes.
And a lot of times they win.
So that's another thing that we have to keep updating our clients and tell them, look, this happened. This happened. For example, just recently, the ninth Circuit Court of Appeal finally agreed with Judge Chen from San Francisco in reference to the Venezuelan tps.
So now we're waiting to see what's going to happen with that.
[00:28:36] Speaker A: Right.
I like when clients call me and they just heard something and they want to know how it impacts it. The answer is I don't know, I just heard it too.
And how things are going to flesh out remains to be seen. But we want to do it in that solid, as proactive a way as we can.
Can you explain though what the difference is between if there's a difference between policies and when something actually becomes a law that we can act on?
[00:29:01] Speaker B: Well, the law is something that is given by Congress and that's to be followed. Nothing can change that. Policies. As we talked, giving the example of the executive orders that have been flowing in this administration, the executive orders are policies that are done by the President and are authorized by the Constitution or Congress. In each executive order at the beginning, the President has put, whether it's because of the Constitution or Congress.
However, the difference with those is that they can be attacked by the judicial review. Laws can, because laws already have been passed by Congress. Policies or executive orders can. And that's why you have seen some executive orders being shut down because of people suing them. Like right now, the new executive order that the administration passed on the 75 countries to be stopping the process of immigrant visas at the consulates.
There's now two lawsuits that have been filed against that pausing of the immigrant visas in the consulate.
[00:30:19] Speaker A: Right. And I think the golden ticket situation, that's come up too. I noticed that it was a $15,000 non refundable filing fee to start with.
But then in the fine print it also said that it needs to be a program that's developed according to law. So that still is probably going to have a lot of inadmissibility issues or other concerns that don't just pay your way out of immigration problems, it seems. But do you have any advice on that golden ticket, whether people should be applying for that at this stage or should hold off?
[00:30:53] Speaker B: Okay, I reviewed it and you're right. It's 15,000 per family member.
And what you do first is you pay the 15,000 per family member and submit it. And they have put the category in the EB1 and EB2. EB1 is for extraordinary liability, or an EB2 is for people that have like exceptional ability. They have not. If you look at the application, if you look at the website, it does not explain what of that you have to, if you're going to have to prove any of those requirements or is it basically you're taking out of those two slots the amount of visas that are annually.
So first, first of all, what it says is you submit the application online, you pay the 15,000. Once you're approved, then you have to make the million dollar investment per person. So if you're a family of five, it's $5 million, and that $5 million goes to the United States of America and nothing else, and you get nothing in return.
So in my personal opinion, it doesn't make any sense when you have the EB5 that you invest $800,000 for the entire family.
I mean, you can reach between, I would say, after fees and everything else, you can be around $950,000. So it's $950,000 that that family of five will become residents with that 950. And after, depending on the project or you invest after four or five years, you will regurgit your money back or a percentage of it.
So it doesn't make any sense to the golden visa, in my opinion. Doesn't make any sense.
[00:32:36] Speaker A: Right. And sometimes we hear something where I think most people are really, most of my undocumented clients and folks that want to stay in the United States are really excited that there might be a new legal process, safe, open door. They want to do it the right way. And so they get excited or maybe even jump the gun a little bit with the advertisement of something as opposed to sitting back and waiting to see how the program actually fleshes out and what those steps need to be.
And that's tough with the reliable resources. I know you recommended the AILA organization reaching out to you, staying off of social media or not staying off of it, but being cautious about getting your legal advice from social media.
And that all goes to say that really it's super dependent on the individual the position, their skills, the facts.
Every case is different, I guess. So how can I think we've covered a lot, but when folks hear this new, maybe exciting program or want to do things the right way, how do they even start that?
[00:33:47] Speaker B: Well, I think that in the communities there's a lot of different organizations. For example here we have the Colombian organization that helps out Colombian people.
We also have the Cuban.
So I mean, in your area there's always some type of organization that helps out also, believe it or not, sometimes the high schools help out with the night programs, especially for like citizenships and that sort of.
But believe it or not, I think also sometimes reaching out to senators or representatives of each state, sometimes they actually do also have different formats to help out the immigrants.
So I think it's more being understanding of where you can get your information. I mean, like you said, yeah, sometimes social media is bad, but sometimes it's good. So basically you have to make sure that you're listening to somebody that is saying the right things. Because unfortunately there's notarios out there and notarios for everybody. It's basically notaries, but in most of the Central and South American countries, a notary is usually an attorney. So they see it as an attorney, but that's not the case. Notarios in the United States are not have any legal degree, don't have any experience with that. So that's also an issue. And sometimes you even have paralegals that go out on their own and say, no, I was a paralegal for this attorney and everything else. And it doesn't work that way.
[00:35:28] Speaker A: Right.
[00:35:29] Speaker B: You know, the person you need to talk is the person that knows the law and can help you decipher it and see how they can help you in your particular case. Right.
[00:35:39] Speaker A: Unfortunately, we clean up a lot of fals notario work in our area.
And I think it's because people clearly want hope. You know, they come to me and I tell them, I really, you know, because you have unlawful presence or you have this unlawful work time period on your B1, B2 or whatever the situation is, we're stuck. And there is not a strategy to maybe fix someone's status. Then we switch into how do we have a plan in case you're detained by ice and what does that look like? And then they go maybe to somebody else who says, yeah, for this amount of money I can fix it all for you.
That happens a lot.
And I always kind of wonder if there's a way to protect that other than to say if a legal attorney is telling you that you don't have strategies. Please know we're not earning our living that way.
Have no case for you.
So be cautious. When someone tells you they can fix everything with a magic amount of money. That's really not how the system works, but we'll see with the golden ticket, maybe it will.
[00:36:41] Speaker B: Another thing is, another thing is beware of anybody that guarantees you anything, because as attorneys, we cannot guarantee you anything.
Okay? So that is super important. If you hear somebody guaranteeing you anything, just run, because that's impossible.
[00:36:58] Speaker A: The only thing I can promise is that we're gonna do our best and tell you how the law is changing and impacting you. But I can't guarantee that anything's gonna be approved, just that we're going to do our best and try to walk you through it as best we can.
That's really wise advice, Roberto.
Well, up next, we'll talk about the power of community and advocacy in the immigrant journey, which we started to talk a little bit with some of these other organizations. And we'll be right back.
We'll be right back with more insight, context and useful information about immigration law and life. So stay with us on Immigration today. Hi, I'm Elizabeth Trifonis, host of Immigration Today on NOW Media Television. This show is a platform for clear, informed and compassionate discussion about immigration, the policies, the processes and the powerful personal stories behind them. We're looking for contributors bring insight, experience or firsthand perspective on immigration, whether you're an attorney, advocate, community leaders, leader, business owner, or someone with a compelling personal story. Immigration Today airs weekly on NOW Media Television and streams across Roku, Apple TV, iHeartRadio, Sirius XM and major platforms nationwide. If you're interested in sharing your voice and helping others navigate the immigration journey with clarity and confidence, click the link below to schedule a short zoom to connect. And we're back. I'm Elizabeth Trifonis, and this is this is Immigration Today on NOW Media Television. Let's continue the conversation.
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Welcome back to immigration today. As we close today's episode, we shift from legal systems to human systems. The power of connection, support, advocacy. We've been talking about the problem that faces many in our audience and trying to navigate immigration challenges alone, it can feel isolating. There are language barriers. It's overwhelming. It's emotionally exhausting. And frankly, a lot of people who have recently come to the United States are trying to find that next meal, that next bit of stability where they're going to live and piece their life together under some pretty traumatic experiences.
Roberto, why is the community support so critical when these immigration challenges arrive and when folks first come into the United States?
[00:39:56] Speaker B: I think it's extremely important.
As we have seen with what's happening in Minneapolis, the community has stepped up. They have stepped up and backed up those people that to the administration are supposedly illegal, but they have grown into the community.
So it's great to see how many people are there and they're protesting for what's happening. And it's happening pretty much all over the world. And I think that it's important, the fact that we have that freedom of speech, to go forward with that.
And I think it just has to be continued. That's the only way that things are going to change.
[00:40:37] Speaker A: Agreed. Even the last several Saturdays in Jackson Hole, Wyoming, on our town square in the snow, there was a number of people in a very traditionally conservative state showed up to voice their concerns. And it's making headlines, and it does seem to be putting pressure to move things in a particular direction. I always remind people that, you know, immigration law is truly an imaginary system. It is made up. It's not gravity or air.
And so if we don't like the way it is, that's our responsibility. We made this up. Our politicians made this up. And arguably they're supposed to be working for us. So, you know, if we want to see things be different, we gotta voice those concerns.
For people that are mentors or advocates, is there direction they can help their neighbors and their friends or their workers to find resources or advocate on their behalf?
[00:41:32] Speaker B: Yeah, absolutely. I think by providing workshops or seminars.
As a matter of fact, I know this can be a little different, but just recently, my wife became part of a program where she's teaching people to study for the English exam, for the naturalization.
So, I mean, my wife speaks English, she's American, she knows a little Spanish, but she took it upon herself because she can't stand what's happening. So I think it's us. Americans have to step forward and help out in ways that the community needs us.
And I think that's how we can move forward and help better the coming elections and making sure that if you want to protest, go out and protest, you know, and make the voice heard that this is not going to be okay. But I think it's more of you being able to give up your time and helping out these different communities. I think that's how the majority of citizens can help out.
[00:42:43] Speaker A: I agree. I think there's so much to what you just said, but one of those things is to vote. I mean, if you have the capability of voting, please go do it. There are millions of people that don't have that opportunity. And then also to the permanent residents who might be out there who are eligible for citizenship, please consider working with, you know, Roberto's wife to get that done.
That's how you solidify your vote and move forward in having a voice in this government is to switch from that permanent residency into being a naturalized citizen.
And the other thing I think is really important that you mention is giving of your time and recognizing that your neighbors may be really fearful and really struggling with this and just acknowledging that you're there for them is hugely impactful.
When it comes to dealing with misleading or this exploitative advice with, like the false notarios, for example, what are some of the warning signs people should look for? Should they be checking bar websites or how can you help guide in that direction?
[00:43:49] Speaker B: Well, number one, I think, and again, I give props to aila, they should go to AILA and check out, because the American Immigration Lawyers association is going to. You can only be in that if you're an attorney.
So that's one.
But I would say be cautious of not just because your friend went in and they got approved. It's okay.
You need to make sure that that person knows what they're doing. You can ask for a license, you can ask for a diploma or some sort, but you need to understand that not everybody can be an attorney. So they have to prove that they're an attorney to help you out with what you need to help be helped out. And not all attorneys, that's another thing. Not all attorneys do immigration law, okay? That's the only thing I do 100%.
There's a saying in Spanish, no somos toderos, we don't do everything.
And that's very practical here in the United States, because the United States people have their own different areas and they are great at the different areas. Like, for example, I have nothing to do with family law. One of My best friends from law school. I refer all my family work.
That's not something I want to do. So you have to make sure that the person that you're at, you can ask how many years of experience, how many periods you have in deportation, how many years of experience you have in business, immigration, how many you have in criminal immigration.
So, I mean, inside immigration, there's still areas that are different. Like, for example, I don't do deportation. I mean, I've done them, but I mean, that's not my main.
Of course. I mean, I did it back in the day, but that's not what I do anymore.
And there are other attorneys that are much better at deportation than I am. So I prefer to my friends. I mean, that's something I learned during the pandemic. Make sure that you are doing what you are good at so you can help the people with their problems.
[00:45:51] Speaker A: Right. Checking the credentials. I think that's a good point. And Notario is not going to be listed in an immigration lawyer's association or a bar association. So checking those by state, whether there's any complaints against that attorney is some useful information as well. But you made a good point. I've never done an L intercompany transfer. I'm aware of them. I'm not going to start now, 21 years in. That's not what I have the expertise to do. I'm going to do that deportation defense instead. And so, yeah, asking those professionals where their expertise lies and knowing it's okay for us to say, yeah, call Roberto, that's not my, that's not my wheelhouse. And you know, shop around. You don't have to listen to the very first person you talk to either.
So take that self advocacy to the next level.
[00:46:43] Speaker B: They can also, sorry, they can also call the bar association in their state because sometimes if that person has a bar complaint, you can check them out to see if they have a bar complaint. So that's something else they can do. They can also call the bar association and say, listen, is this person a lawyer? They'll tell you yes or no. Does this person have a bar complaint or an unlawful practice of law complaint?
[00:47:07] Speaker A: Those are excellent questions.
Absolutely. There's a question here that was offered to present to you and I.
It's a wonderful question, but I think it.
I'll just ask it. It says, how do immigrant success stories shift the narrative toward resilience?
And there's a lot impacted in that. But I'm curious what it might bring to your, to the forefront of your mind. When we talk about narrative stories and how that might shift our perspectives, well,
[00:47:37] Speaker B: I think those stories have to come out.
Those stories have to come out so that people actually see that immigrants are good people, good hard working people, that they will do well for this community or this country.
So I think the more positive stories that we hear and people can see all across the US that will help out with the push for people when they go vote, vote and think about that.
Because a lot of people are putting this on the prior administration, but I've been doing this for a long time. So all those presidents didn't do anything about immigration.
So this administration is trying to do it in one full swoop, which is kind of hard.
Okay. There's a lot of people already. They already came here.
It's very hard to deport, what is it, 14 million people.
I mean, we don't have the resources.
It's way too much.
And quite frankly, out of those 14 million people, probably 10 million people don't have any criminal or anything like that. And if you do a path to residency, not a path to citizenship, a path to residency, that will pay for sure, that will pay a lot of the debt that this country has because you can actually put a fine on them for being here. Illegal applying for taxes and then all the fees for immigration, all that will pay the deficit big time.
[00:49:20] Speaker A: And it used to exist prior, I believe, to 2001, there was the ability to pay that thousand dollar, if you will, to fix your status. It's existed before again, it's our imaginations. It can exist again.
And right now in our area, we're finding the statistic is that 73% of the detainees do not have a criminal history.
And so I think there's this, sure, we all want to be safe and get rid of people that are maybe the worst of the worst, but maybe let's actually do that if that's what we're going to say we're going to do and get involved with your community to know what's really happening.
[00:50:00] Speaker B: Sure.
[00:50:01] Speaker A: Yeah, Roberto, go ahead.
[00:50:03] Speaker B: Like you were saying, that One was the 245i.
[00:50:05] Speaker A: That's right.
[00:50:06] Speaker B: And the 245, I believe it or not, was on the floor of Congress to be passed on September 11th.
[00:50:14] Speaker A: Yep.
[00:50:14] Speaker B: And that's why it didn't pass.
[00:50:16] Speaker A: Yep.
We can change it if we want to change it. We only have rights if we use our rights, right?
[00:50:23] Speaker B: Yeah, absolutely.
[00:50:24] Speaker A: Well, Roberto, this has been incredibly valuable. Where can people follow your work and continue this conversation with you?
[00:50:32] Speaker B: Well, you look for law firm on Instagram or my website www.wpolaw.com and just go for the contact us and that will send me an email directly and I'll be able to help you with anything that you need.
[00:50:49] Speaker A: Beautiful Roberta, thank you for sharing both your expertise and as well as your compassion and your knowledge. Over 27 years working in this human industry.
We talked about career setbacks, job related immigration fears, confusing policy changes, strength that comes from community and community involvement. These challenges are really happening for human beings across our country, but so is the power of the knowledge, preparation and connection to everyone watching. You are not alone on this journey and informed decisions can replace fear with confidence.
Thank you for joining us on Immigration today and we will see you next time.
