A Sherpa in a Legal Maze- Tsui Yee, Immigration Lawyer
Navigating legal labyrinths, and the challenges of being an immigrant in America.
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As of June 2022, there are 47 million foreign-born residents in the United States, 14% of its population. Nearly a million of those are undocumented, and several thousands of people - students, professionals, even doctors - are stuck in some sort of limbo or legal predicament.
Backlogs, bureaucracy, and lack of resources make anything related to US immigration an agonizing affair. In the unfortunate event that you have to defend yourself against ICE (Immigration and Customs Enforcement) or CBP (Customs and Border Protection), finding a straightforward solution is next to impossible. Fortunately, we have immigration lawyers - professionals with the knowledge and skills to help people facing deportation, loss of status, or similar situations.
To understand more about this field and the complexity around it, I spoke with Tsui Yee, a native New Yorker from Manhattan. She walked me through a day in the life of an immigration lawyer, the stress that comes with it, and what’s wrong, and right, about the system.
A Day In The Life Of An Immigration Attorney
“I help my clients go through the American immigration process. These are individuals, families, or companies looking to sponsor an employee to stay in the US. That’s the simple version. But getting someone from point A to B through this system is the furthest thing from simple. Obtaining a green card or citizenship is not easy and has gotten harder over the past decade”, says Tsui as explains what she does.
It’s not just green cards and work visas. Asylum seekers, refugees, and people facing deportation enlist the help of immigration lawyers to find a way to stay in the US. These lawyers provide counsel to clients trying to navigate the labyrinth of US immigration, often defending them in immigration court, USCIS (US Citizenship and Immigration Services), and other agencies.
No two days are alike. “It depends on the cases I’m working on. A lot of days I’m spending hours deep in research, while other times I’m preparing documentation. Immigration law is an incredibly complex area and sometimes there’s no real right or wrong answer to a problem because the law quite literally doesn’t state or provide an answer for every legal issue. There are a lot of grey areas and sometimes, it’s unclear whether someone qualifies for the immigration benefit they are seeking; has violated a section of the immigration law; etc. The ambiguity makes it stressful. Even among the different government agencies that deal with immigration, processing times and decisions are arbitrary. There’s rarely a week where I’m not stumped by a legal question”, explains Tsui.
The Emotional Toll of Immigration Law
The problem-solving aspect is what drives many law students to pursue immigration law. But for Tsui, that drive comes with something more personal. A second-generation American, her parents travelled across the world seeking a better life for their future family. “I’m the first person in my family to be born in the United States, as well as the first to receive a college education. I’m also the first person to hold a professional title and run my own business. It’s a lot of firsts!”, she says proudly. “None of this would have been possible without my parents taking the risk to leave China. To move to a country where they don’t speak the language, have zero connections, and have no job prospects? It’s scary to think about, and it’s because of their sacrifices that I am where I am today”, adds Tsui.
“I’ve benefited immensely from growing up in the US. I saw first-hand how hard it is for first-generation immigrants to get a foothold in this country. My parents struggled so my siblings and I wouldn’t have to. Raising three kids without almost no safety and support network is nothing short of a miracle!” says Tsui. “That’s what drove me to practice immigration law. I want to help and give back to people who need help. To make it easier for hard-working people like my parents who are just seeking a way to peacefully live in the US and contribute to society like everyone else, while setting up a future for their families”.
As gratifying as it must be to successfully practice immigration law, there’s a huge emotional toll as well. “The quality of my work has a direct, often life-changing impact on my clients. A slip-up on my side, or an unfavourable decision on a case, could result in them having to leave the country, or get deported. I can’t be sloppy for even a second. I do my absolute best, but it takes a heavy mental toll”.
Immigration law can be extremely frustrating - clients often consult with Tsui expecting a quick and straightforward solution. With US immigration, there’s never a guarantee. Things change on a dime, and the damage that was done during the Trump administration, combined with backlogs caused by Covid, have made things worse. “It was a constant state of chaos. There was so much flipping back and forth by the administration over policies and procedures. One day, they would just suddenly announce that people from certain countries wouldn't be allowed into the United States. Or they’d change the rules around student visas. People were really scared. And these are people who were simply following the rules and trying to make a better life for themselves and their families”, says Tsui as she recounts the last several years.
Rarely a Dull Moment
But it’s not all bad, and the work is incredibly rewarding. “There’re few careers out there that allow you to make such a direct and positive impact on someone’s life. I’ve been able to help clients gain legal status after living here for decades. It’s agonizing to be in limbo for so long. So many have not been able to travel outside the US to spend time with dying parents. It can feel worse than prison”, says Tsui Lee with a hint of sadness.
Several immigration cases involve people being detained due to wrongful convictions. By wrongful, I mean pleading guilty to a crime they didn’t commit, because a public defender told them it’s the easiest way to get out. What they’re not told, is that the record sticks and ICE can use it at some point against you. “A client of mine was detained for a wrongful conviction. He was a green card holder too. He was just in the wrong place at the wrong time years ago and pleaded guilty so he wouldn't have to sit in jail. Fast forward 15 years, ICE finds out and tries to deport him. The sad part is he was the only working family member having to support a wife and six kids. He was in jail for months, so you can imagine the financial and emotional toll on his family. Fortunately, I was able to defend him and get him released successfully. I still remember the look on the judge's face when my client testified - it was one of real empathy. It’s probably one of the most dramatic cases I’ve ever fought”, says Tsui.
The part about the judge brings our conversation to a fact I shouldn’t ignore - that despite the bad press around the immigration department, there are some good people in there. “You do come across an immigration officer who’s professional and polite. Not only are they knowledgeable, but they’re empathetic too. They hear my clients out and give them a fair shot at a green card. Those officers don’t get enough credit. But there aren’t enough of them, unfortunately”, she says. “I don’t think officers are trained in cultural sensitivity and other diversity-related issues. They deal with so many people from other countries, and that sort of education would go a long way. Sadly, most of my clients aren’t treated well at all”.
So what does a busy immigration lawyer think about besides her work? I ask Tsui what she’d pursue if not for the law. “I’ve discovered a creative side I didn’t know I had. It started during the pandemic. I started posting pics of my tie-dye and crochet, and to my surprise, a lot of people started asking me to make custom orders. So I turned that into a little side business. But what I really love is yoga. I’ve been practising for more than 20 years and it’s had an incredibly positive effect on me. Friends have even asked me for advice on yoga poses and alignment. I practice yoga every day and it’s become an essential part of my tool kit for managing stress and preventing burnout. I’m even considering getting certified as a yoga teacher!” says Tsui.
My final question, as always, “What advice would you give to our readers?”
“Take that risk no matter how afraid you are. You’ll grow the most in those moments and will truly see your hidden potential. Drawing from my own personal experience, when I decided to start my own practice back in 2005, I had no idea how to run a business. My partner and I had zero clients, but I was confident in my skills as an attorney. It was a calculated risk, but I knew I’d never be truly happy if I didn’t take the plunge. Looking back, I’m so glad I did, because I’ve been able to make a difference in so many people’s lives”.