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WBEN NewsRadio 930>Audio & Video on Demand>>Immigration In Focus - Matthew Kolken; Pt II

Immigration In Focus - Matthew Kolken; Pt II

Jul 7, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

Our focus again this morning is on the immigration crisis and we have an in studio guest. He is Matthew called him a mapped as an immigration attorney with Colton and called him his partner is who's dead. Matt we thank you again for coming in this morning you told us earlier your specialty. It is a deportation. Defense take few seconds and totals about that part of your work. Well I'm representing individuals who have been encountered either by Customs and Border Protection immigration and customs enforcement poorer and they are seeking to remove them from the United States -- that's the legal term and -- it's. The deportation is that the previous term can these people afford an attorney. On many of them canyons. And and they're looking for their representation because there's. Tremendous difference between a lawyer walking to court to represent human one that actually knows what they're doing. What's happening in the courts right now. We'll just on -- is presiding over the non detained and I -- here in buffalo and he's done an amazing job of keeping the court running as smoothly as possible given the fact that. There was a retirements about a year and half two years ago. And you've been unable to every staff at court with another immigration judge were hopeful that they're one what another one will be assigned by. I'm despite being shorthanded and having an extremely large docket judgment on his managed it is as professional as anyone could -- Well someone who comes to you for assistance because of this backlog I mean how longer process like this dragging it can be years now because of the fact that. I'm we're short staffed a judgment entity is so unfortunately having to continue cases if an individual comes and without -- without a lawyer to represent them. And give him that that individual an opportunity to to retain counsel can be a year and half before that an individual will be required to come back into court. And then once. I'm -- finally -- are -- case towards a a trial it's called an individual hearing. I can be two years someone from there so it's the system's not working incredibly long what is the process for an immigrant to enter this country. Well to do -- the right way hand in. It depends on what -- what country they're from let's say well we're talking about a country that requires a -- the general processes. That they will get. If they're looking to work in the United States don't get advance authorization from the US citizenship and immigration services the petition will be approved notification will go to the consulate abroad. It will go to the consulate you'll apply for their visa which you put in the passport which enables and he had. To go to the airport board a plane flight of the US present themselves for inspection at the at the airport. They will be even. They'll be interviewed an annual allowed into the country and given authorization for whatever period of -- has been on. Pre approved by USC yes. And illegal who was in those country and he or she is well aware that goes on for a long time suddenly has a change of heart and says you know. I wanna do this legally. Is it possible for them to do this about getting kicked out of the country at least temporarily. In most instances no. The law says that if you're in the US -- if you snuck into the country and you have no status here you are not permitted to apply for any legal status from inside in the country. And then the catch 22 is if you leave the country to try to do with the right way he trigger a ten year bar which prevents you from being able to come back. And if you attempt to return after you've been ordered removed from the United States he can be prosecuted. Criminally. By I opened the US attorney's office and they're doing that and -- record numbers. -- this is this is a mess right now it's it's a system that's not working at all.

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