In-Office Case Brief
Jacques v. Immigration, 549, N.E. 2d 74 (NY. Ct. App. 2019).
Facts
Foreigners wishing to live in the United States permanently are required by the U.S Law to obtain an immigrant visa. The immigrant visa is awarded by a U.S. consular office based in the country of origin of the immigrant. With the immigrant visa, an individual can travel to the United States and apply for an LPR status which means Lawful Permanent Resident. Acquisition of the LPR allows an individual to live and work permanently in the U.S. as accorded by the constitution.
Three conditions allow one to be eligible for an immigrant visa and either should be duly met. The foreign national has to be sponsored by a U.S. citizen, a lawful permanent resident, or a prospective employer. Either of the three sponsored has to fill a petition on behalf of the foreign national with both the USCIS which refers to the United States Citizenship and Immigration Services (Justia.com, 2019).
In terms of work, foreigners need to obtain a work permit for them to legally participate in gainful employment in the U.S. The work permit allows the foreigner to work in the U.S. despite not having an LPR. The employment authorization document abbreviated as EAD is awarded to the foreigner while the LPR is under process.
Issue
Jacques is an illegal immigrant to the United States of America which means that revealing his status qualifies him for immediate deportation. In this case, the employer should fill an I-140 petition for the foreign worker with the USCIS. However, the foreigner, Jacques, can sponsor himself.
Secondly, Jacques did not obtain a working permit so not only is he living in the U.S. illegally but also he is working illegally. An individual is required by law to fill application form I-765 with the USCIS. The EAD helps to verify that one is fit to contribute to the American economy (Justia.com, 2019).
Ruling
Jacques should be awarded a U visa throughout the criminal justice process. He should also be given voluntary deportation.
Argument
According to the U.S. constitution, persons without legal immigration status are offered some degree of immigration status in the case they are victims of crime. A U nonimmigrant status referred to as a U visa is awarded to protect the victim in the case they suffered physical or mental harm as a result of crime, they possess credible information regarding the criminal activity, are likely to be helpful to the prosecution in the criminal activity, and/or are a victim of criminal activity violating a U.S. law.
In this case, the prosecution team felt that Jacques had very resourceful information regarding the criminal activity which qualifies him for protection. Secondly, Jacques should be allowed the 120 days of voluntary deportation which qualifies him to apply for an LPR and a work permit.
Conclusion
The decision of the judges should be informed by the U nonimmigrant status that Jacques qualifies for. Being a resourceful witness gives Jacques an advantage to applying for the U nonimmigrant status by filing the I-918 form, supplement B which must be verified by a law enforcement official. In the case Jacques has any family members in the U.S. with him; they stand the benefit of the U nonimmigrant status if they apply for it. Under the current government, immigrants are considered to be lawbreakers hence Jacques would otherwise stand to be charged twice; living illegally in New York, and having no work permit.
References
Justia.com. (2019). Immigrant Visas. Retrieved from https://www.justia.com/immigration/immigrant-visas/
Justia.com. (2019). Work Authorization. Retrieved from https://www.justia.com/immigration/work-authorization/
