Export & Drivers' Licenses, UPL, Video Hearings Update Posted Jun 18, 2004 ©MurthyDotCom During the 2004 American Immigration Lawyers Association (AILA) Conference, several issues were discussed that fall outside of the purview of the agencies like the USCIS, ICE, CBP, DOS, and the DOL that we typically cover. These matters, however, are quite relevant to our MurthyDotCom and MurthyBulletin readers. ©MurthyDotCom Deemed Export Licenses ©MurthyDotCom The U.S. Department of Commerce is one of the Interested Government Agencies that receives a cable from the U.S. Department of State or consular officers in cases where a person applies for the visa abroad for Visa Mantis (security-related) check. The Department of Commerce determines whether the position described would require a deemed export license. A deemed export license is required when transferring certain technological information to foreign nationals who will be in the United States. Tracking through the Visa Mantis cables may lead to greater enforcement of the deemed export requirements in the near future. This may be significant to persons working with sensitive technologies. We at The Law Office of Sheela Murthy, P.C. will follow this issue and provide our readers with guidance as information becomes available. ©MurthyDotCom Drivers' Licenses ©MurthyDotCom Driver's license issuance remains a problem for many immigrants, even if lawfully present in the U.S. The Social Security Administration (SSA) maintains that social security numbers should be used only to determine a person's entitlement, if any, to social security benefits. Several states, however, still require a social security number before they will issue a driver's license. The SSA continues to work with these states to attempt to change the policy. ©MurthyDotCom Other states limit the validity of a driver's license to the validity of immigration status. The problem with this is that immigration status and documents are complex. Not all employees at state-level Departments of Motor Vehicles (DMVs) recognize or understand immigration documents that show status. People with various types of cases pending may be authorized to be in the U.S. and even authorized to work in the U.S. This and other subtle issues of immigration law, however, are not always understood by DMV officials. The result is that some people who should be allowed drivers' licenses face great difficulty in obtaining them. Many of these individuals are forced to argue the issue with supervisory personnel and, on occasion, have to go through the time and expense to obtain legal assistance to demonstrate their lawful presence in the U.S. and gain the licenses to which they are entitled. ©MurthyDotCom Unauthorized Practice of Law ©MurthyDotCom More attention is being focused on the issue of the unauthorized practice of law (UPL), like notarios giving legal advice and filing forms before the USCIS. Notarios offer to assist individuals with immigration filings for a fee. They are not immigration lawyers, however. Many have filed cases that are fraudulent or, at the very least, incorrect. While in some countries notarios are lawyers, in the U.S. they generally are not. Some may simply be trying to provide a service at a lower fee than an attorney, others set out to take advantage of those who are vulnerable and desperately in need of help. ©MurthyDotCom U.S. immigration regulations provide that only an attorney or a nonprofit organization employee who is certified by the Board of Immigration Appeals (BIA) is eligible to assist persons with their immigration forms and matters. The American Immigration Lawyers Association (AILA) is working at the state and federal levels to pass laws that expressly prohibit notarios or other non-lawyers from the UPL. AILA hopes to establish policies on the UPL more uniformly. We remind all of our readers that it is best to consult with a qualified immigration attorney regarding immigration issues. If seeking assistance from a nonprofit agency or organization, it is advisable to ask for proof of BIA certification. ©MurthyDotCom Video Trials before the EOIR ©MurthyDotCom Finally, there is the matter of video trials before the Executive Office for Immigration Review (EOIR). According to recent correspondence, the EOIR confirms its belief that video teleconferencing is acceptable for immigration court cases in lieu of face-to-face trials. Opponents believe and have argued that teleconferencing will impair the EOIR judge's ability to assess a witness's credibility. This has been a contentious issue for a few years now - since the government believes that it is more efficient and cost effective to have video hearings. AILA has written policy papers arguing against videotaped hearings, but these issues have been hotly debated and this discussion is expected to continue for the foreseeable future. © The Law Office of Sheela Murthy, P.C.
	Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Sheela Murthy or establish an attorney-client relationship. Copyright : Documents from this site may be printed as long as the copyright notices are included on the print-outs and the documents are not modified or altered.