The Law Offices of Tiffany U. Vivo

Indianapolis Immigration Lawyer Tiffany U. Vivo

Immigration & Naturalization Law-     Personal Attention to Your Immigration Needs.

 
When you are relying on your attorney to help you resolve your immigration needs in an efficient and cost-effective way, the attorneys and support staff at the Vivo Law Office are ready to help. Our team of experienced immigration lawyers, paralegals and client service professionals handle a complete range of immigration services. Our clients include individuals, families and business owners, including residents of cities throughout Indiana, Illinois and Ohio, and from the United States, Asia, Mexico, Latin America, Europe and Africa.  We understand what our immigration clients experience as they battle through the emotional, logistical and financial hardships and complexities of the immigration process.  Two of our attorneys immigrated to the United States as children, and have helped other family members immigrate to the United States.  We have helped fiances, husbands, wives, and children reunite with family and loved ones.  Our attorneys speak fluent Spanish and Tagalog.  Those experiences help us help our clients in their immigration needs. 

 Family Law-   We understand.  We care.  We advocate.

Divorces, child custody battles, child support disputes and other such family law matters are some of the most stressful and difficult events in our clients’ lives.  Handling family law cases requires attorneys who are compassionate, personable, and patient.  The attorneys and staff at the Vivo Law Offices deal with family issues on a daily basis.  We pride ourselves in providing the attention, energy, and professionalism you need, especially in tough times when you need those strengths the most.

It is important to find the right attorney to handle your immigration case.  There are plenty of stories about unscrupulous individuals who prey on immigrants, and the legal profession is not immune from those problems.  Some people who prey on immigrants are not lawyers but give the false impression that they are attorneys.  They are “notarios” or individuals who speak a foreign language and who may have some basic knowledge of the immigration law system.  These non-lawyers often (but not always) charge less than an immigration attorney charges in fees.  The problem is that non-lawyers often mishandle an immigration case, may take a fee but do no work at all, may disappear and be impossible to locate, or may damage an immigrant’s case and cause a deportation or loss of legal status.

There are also some attorneys who behave unscrupulously and who may encourage an immigrant to be dishonest in an immigration application.  Some lawyers will go so far as to have their clients lie to immigration officials.  Deceptive and illegal tactics do not help the immigrant, as the truth eventually is discovered by immigration officials.  In the end, deceptive and illegal tactics usually cause an immigrant to become permanently barred from obtaining legal status.

Finally, consider the group of attorneys who simply do not have the expertise to handle an immigration case.  Immigration law can be complex.  Good immigration attorneys devote a great deal of time and effort to stay current with changes in immigration law and to understand immigration rules well enough to assist immigrants effectively.

As an Indianapolis immigration attorney, I encourage immigrants to consider these basic things before hiring someone to help with an immigration law matter:

• Is my case important enough to hire a competent attorney?  Am I serious about correcting or changing my immigration status?  If so, be prepared to hire a good immigration attorney.
• Am I talking to a “notario” or a true licensed lawyer?  You can check with your state court administrator to see if your lawyer is licensed in your state.  In Indiana, you can check the Indiana Supreme Court Roll of Attorneys.
• A “notario” cannot speed up the processing of your case.  Nor can a lawyer.  Don’t fall for promises that cannot be kept.  An experienced immigration attorney can minimize the risk that you will be issued a Request for Evidence (RFF) or that you will have your paperwork rejected, or otherwise delayed.  Hiring the right immigration lawyer is the best way to avoid problems with your case.
• If you have any criminal history or a history of violations of immigration law, you need an attorney experienced with immigration law.  A good attorney will always ask you for information about your criminal record and prior dealings with immigration officials, as these matters can greatly impact your case.
• Ask the attorney how much of her law practice and time is spent on immigration matters.  Determine how many cases like yours the attorney has handled.  Ask friends, family and others in the community for referrals to good attorneys they have used.  Ask others you trust about the attorney you plan to interview, visit or hire.  Reputations spread quickly, so you will know whether an attorney will treat you fairly and do a good job by asking others.
• Hire an attorney who is an active member of the American Immigration Lawyers Association (AILA).  The AILA is a professional trade association dedicated to fostering professionalism among immigration law attorneys.

Tiffany U. Vivo is an Indianapolis immigration lawyer.  She also practices family law.  Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois.  She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).

Much has been stated, misstated and argued about the Arizona immigration law- Senate Bill 1070- over the past several weeks and months.  Unfortunately, few people have actually read the law and tried to determine what it does and does not do.  Here is a brief summary of the bill.  The quotations come directly from the Arizona State Legislature’s website.  Although Senate Bill 1070 will be revised, it is instructive to read the  bill as presented for passage, as it is that version of the law that prompted the current controversy.  Visit this link to read the bill in its entirety-  http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2R/laws/0113.htm

INTENT

“The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”

ENFORCEMENT OF IMMIGRATION LAWS

The most controversial part of the new law empowers Arizona law enforcement officers to enforce federal immigration laws by detaining a person and determining his or her immigration status before release.  The law creates a presumption that certain forms of identification establish lawful status in the U.S.  Here’s what these sections of the law say:

“NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY LIMIT OR RESTRICT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.  FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON’S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(C). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON
PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:

1. A VALID ARIZONA DRIVER LICENSE.
2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL IDENTIFICATION.
4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT ISSUED IDENTIFICATION.”

The new law then requires Arizona officials to contact federal immigration officials whenever it is determined that a detainee is here unlawfully.  A court order must be obtained if Arizona officials must travel outside of Arizona to transport and present a detainee to federal immigration officials.

EXCHANGING INFORMATION

Senate Bill 1070 allows officials to send, receive and maintain information about a person’s immigration status for the following purposes:

1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS STATE.
2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
3. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
4. PURSUANT TO 8 UNITED STATES CODE SECTION 1373 AND 8 UNITED STATES CODE SECTION 1644.

ARIZONA RESIDENTS CAN ENFORCE NEW LAW

An Arizona resident can obtain a court order to compell a government official to enforce the new law.  Any Arizona official failing to enforce the new law is subject to penalties of upto $5,000 per day per violation.  The penalties collected are to be deposited into and used for the GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND. A court can also award attorneys’ fees and costs.

STATE CRIME

Under the new Arizona law, it is a crime to be present in Arizona in violation of federal immigration law.  The penalties for violating this new Arizona law include:
1.    Imprisonment
2.    Jail costs And other assessments
3.    Monetary penalties, starting at $500 for the first vilation
4.    Much greater penalties, if a person violates the Arizona law while commiting another crime, such as using, distributing or transporting drugs, for example.

HIRING, TRANSPORTING, AIDING & CONCEALING ILLEGAL IMMIGRANTS

It is unlawful to stop a car on a street to hire an illegal immigrant worker.  Similarly, an illegal immigrant workercannot seek work, either as an employee or independent contractor.  It is also illegal now to transport, move, conceal, harbour, sheild or aid an illigal immigrant in Arizona.  Nor can anyone encourage or enduce an illigal immigrant to come to Arizona under Senate Bill 1070.  The statute contains a detailed process for investigating and prosecuting violations of these prohibitions.  The penalties become more severare for knowing or multiple violations of therse new rules.  For example, on a second violation, an employer could lose all its state licenses and ordered to cease operations in Ariozona.  An employer can rely on the federal government’s e-verify program, which creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien.  Employers can assert a defense, if the employer has complied in good faith with certain requirements under federal law or the employer can demonstrate that it was entrapped.  An entrappment defense is detailed in the new law.

IMPOUNDMENT OF A VEHICLE

A vehicle used to violate the new law, such as transporting an illigal immigrant through Arizona, can be immobilization or impounded.  The driver’s license can be suspended or revoked for any reason.

NAME & EFFECTIVE DATE

The new Arizona law is called the “Support Our Law Enforcement and Safe Neighborhoods Act.”  It was approved by the Arizona Governor on April 23, 2010.