IMMIGRATION LAW IS CONSTANTLY CHANGING, LET US HELP YOU ADAPT

ASYLUM

Upon arriving to the United States, individuals must apply for asylum within one year of arrival. People who enter the United States and are unable or unwilling to return to their country because of experienced persecution or a well-founded fear of persecution due to their race, religion, nationality, and membership to a particular social group or political opinion may receive asylum.

aDJUSTMENT OF sTATUS

Adjustment of Status is the process that helps an individual obtain a green card. The two methods to obtain a green card are: (1) Consular Processing; and (2) Adjustment of Status. Depending on which process is available, the individual may be able to stay in the United States or adjust their status by applying to the United States Embassy or Consulate of their country of origin.

DEPORTATION DEFENSE

Deportation Defense deals with representing individuals in Immigration Court who are facing possible deportation from the United States. The process has an individual present themselves at an Immigration Court in front of an Immigration Judge. It’s very important an individual does not skip any of their court hearings to ensure they can attend their Master and Individual Hearings. Removal Proceedings can be very strenuous, but with the help of an Immigration attorney, an individual can improve their chances of receiving a favorable outcome.

iMMIGRATION BOND

It is a tragic event when a loved one is detained by the ICE and it is important to be informed of how an Immigration bond works. Many people confuse an Immigration bond with a Criminal bond. A Criminal Bond releases an individual who is in custody of the police, whereas an Immigration Bond releases an individual who is in custody of ICE. Paying a Criminal Bond does not pay or cover for an individual’s Immigration bond.

An Immigration Bond is a court preceding that determines whether an individual can be released from detention. The court will focus on whether an individual will (1) be a flight risk if released, and (2) pose a danger to the community. There are many important factors when making a bond determination: (1) reviewing the immigration relief available, (2) good moral character, (3) if an individual has any relation (family member or spouse) to a United States citizen or Lawful Permanent Resident, (4) criminal history, and many other factors are taken into account before a loved one can be released from ICE custody.

VAWA

An individual who has been a victim of domestic violence may have the opportunity to qualify for a Green Card.  This form of relief is available to both men and women that have been physically or mentally abused by their Lawful Permanent Resident or U.S. Citizen Spouse, parent, or child.  VAWA is designed to help immigrants leave abusive relationships and to encourage Domestic Violence reporting, without fearing the police or deportation. An individual who qualifies for VAWA may self-petition or use VAWA as a form of Deportation Defense.  This helps protect undocumented immigrants from family members who threaten the undocumented immigrant with deportation, or from family members that use such threats as a method to control the undocumented immigrant.

Family Base Petitions

A common pathway to obtain a Green Card is by submitting a Family Based Petition. Individuals who have United States citizenship or Lawful Permanent Resident relatives may have said family members petition for them to help them immigrate to the U.S. This is a two-step process: (1) The U.S. citizen or Lawful Permanent Resident files an I-130 petition; and (2) the foreign immigrant files an application to become a Permanent Resident. Each of these steps have different requirements and involves different issues.

Lawful Permanent Residents may petition for their spouse and unmarried children. U.S. Citizens may petition for their spouse, children, parents, and siblings. Depending on the type of family petition an individual qualifies for, there are different requirements and waiting periods. It is important to consult with an Immigration Attorney to find out what kind of family petition may be available.

Daca

Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that protects eligible immigrant youth who came to the United States when they were children from deportation. DACA gives eligible young undocumented immigrants: 1) protection from deportation, and 2) a work permit. 

You may be eligible to apply for DACA if you: 

1. Were born on or after June 16, 1981; 
2. Came to the U.S. before you turned 16 years old;
3. Have continuously resided in the U.S. since June 15, 2007 up to the present time; 
4. Were physically present in the U.S. on June 15, 2012 and at the time you file your DACA application;
5. Entered the U.S. without inspection, or your lawful immigration status expired as of June 15, 2012; 
6. Are currently in school, have graduated high school, or obtained a GED;
7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors; and 
8. Are at least 15 years old at the time you file your application, unless you are or were in removal proceedings.

It’s recommended that individuals with DACA status renew three months or 150 days prior to expiration.

U-visa

Have you or a loved one been a victim of a crime? An individual who has been a victim of a certain specific crime, has suffered mental or physical abuse, and has assisted law enforcement in the investigation or prosecution of the crime may qualify for a U-Visa, which is a possible pathway to obtain a Green Card.  To qualify for a U-Visa, an individual must first receive an approved U-Certification.  Every county has different requirements and time limits for when an individual may submit a request for a U-Certification.  It is very important for individuals to submit their request for a U-Certification in a timely manner to avoid being denied.

LegAl permanent residency (green Card)

There are different ways an undocumented immigrant can obtain a Green Card. It is important to consult with an Immigration Attorney to evaluate if there is an opportunity for a Green Card and what complications may exist with the Immigration process. It is important not to take advice from individuals who are not experienced Immigration Attorneys because an undocumented immigrant runs the risk of receiving false or inaccurate information, which could then create complications to one’s case. It is wise to always keep in mind that while the facts of a case may seem similar, every person’s case is different and every little detail matters to make the right determination for each individual immigration case.

Citizenship

Individuals who have had a Green Card for 3 or 5 years (depending on how the Green Card was obtained) and upon meeting other requirements may file an application for Naturalization. After USCIS receives the application, an individual must attend an interview and will be required to take an English and Civics test.

WOrk Permits

A work permit, also known as an Employment Authorization Document. allows undocumented immigrants to legally work in the United States. An individual may qualify for work permits through specific reliefs or applications. However, work permits are not a form of legal status and does not qualify an individual as a Lawful Permanent Resident or a U.S. Citizen.

WAIVERs

There are laws that bar certain individuals from becoming U.S. Permanent Residents unless they first get a waiver. Individuals need a waiver if they have accumulated 180 days or more of Unlawful Presence after April 1, 1997 and have left the United States. These individuals cannot return to the United States for 3 years. For the individuals who have accumulated one year or more of Unlawful Presence after April 1, 1997 and have then left cannot return to the United States for 10 years. Submitting a waiver can help overcome these bars depending on the circumstances