‘US immigration laws not as strict as they seem’

US immigration laws are not as strict as they seem despite the recent spectacle of having 60 Filipinos handcuffed and deported back to their homeland, a Filipino-American immigration lawyer said yesterday.

California-based lawyer Luisito Lopez said the 60 Filipino deportees were overstaying aliens facing various offenses and who refused to undergo immigration and court proceedings.

"The US immigration laws are just and kind," Lopez told reporters during the weekly Balitaan sa Rembrandt Hotel in Quezon City.

He said as long as people who want to stay in the US undergo the proper immigration procedures then they are given due process and allowed to present their case in court. And in most cases, he said, those who have a solid case are allowed to stay.

Lopez, who has successfully represented immigration cases of various nationalities, said even those who have extradition proceedings or those who applied for political asylum are given all opportunities to defend their stay in the US.

The latest Filipino saved by Lopez from deportation was Ryan Mojica Donato, who was able to obtain his green card 11 days after undergoing immigration proceedings.

Donato arrived in the US on Dec. 30, 2001 to spend Christmas with his father who is a US citizen. He was given two months to enjoy his trip and eventually filed his petition for residency on May 3, 2002. Ten days later his green card application was approved.

"That’s how the US treats application, if you deserve it they will grant it to you," he said.

However some Filipino aliens prefer to go underground to become TNTs (tago ng tago, or keep on hiding), and when the notice for their immigration hearings in court is sent to their addresses they could no longer be found.

"In those cases the court usually handles its decision in absentia," Lopez said.