Immigration Court Related (9)

Do you have a deportation order because you did not attend the hearing? Did you only find this out years after it happened? Did you never get notice when the hearing was scheduled? It is possible to file a Motion to Reopen the In Absentia hearing to get it reopened so that if granted, you will no longer have a deportation order and will be able to go back to Immigration Court in order to fight your case and apply for the relief that qualify for under U.S. Immigration Law. This will take place where the absentia order of removal or deportation was entered. A motion to reopen based on lack of proper notice can be filed at any time. Even after a person has left the United States. A motion to reopen requesting that an in absentia order be rescinded asks the Immigration Judge to consider the reasons why the you did not appear. If you actually have such an order, you should note that in removal proceedings, an in absentia order may be rescinded only upon the granting of a motion to reopen. The Board of Immigration Appeals does not have jurisdiction to consider direct appeals of in absentia orders in removal proceedings. This motion to reopen to rescind an in absentia order must demonstrate that the failure to appear was because of exceptional circumstances; the failure to appear was because the alien did not receive proper notice; or the failure to appear was because the alien was in federal or state custody and the failure to appear was through no fault of the alien. The Immigration and Nationality Act (INA) permits an immigration judge to order a person removed in absentia if the government establishes by clear, unequivocal and convincing evidence that proper written notice was provided and that the person is removable. There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This sample Motion to Reopen shows you how to meet all these requirements.  This particular sample is an actual Petition for this particular preference where it is filed inside the U.S. with all of the various examples and supporting evidence. It assumes that the basic requirements are met such as the beneficiary being the single son or daughter of a Lawful Permanent Resident parent. This family petition is under what is known as the 2nd preference. Note that our library also has all the other types of preference petitions for your perusal. Note that our library includes not only this family petition and other family preference petitions, but nonimmigrant visa petitions such as the L-1A Intracompany Transferee Petition and other types of applications and petitions such as the Humanitarian Reinstatement application, multiple types of work-permits such as the H-1B Specialty Occupation Visa Petition, the O-1 Extraordinary Alien Petition, PERM examples, I-140 Applications and many more. If you enjoy this family 2nd preference petition and it makes your life easier, then come back and try the other immigration applications and petitions. Remember with this petition you have to file it at the Immigration Court that made the decision ordering you deported. Normally when it is filed, it will take a few months to get the decision. If granted, you will be given a hearing date and then you can submit applications for what you would have applied for in the first place such as asylum or adjustment of status or whatever relief is available. We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.

Asylum based on Political Persecution - A Foreign National may qualify for Asylum if he has a well-founded fear of being persecuted based on his or her political opinion(s) or perceived political Opinions. Foreign nationals can become targets of political persecution not just for their opinions they hold but also that of their persecutors who may falsely attribute this opinions to them.

Do you already have your Green Card? Unfortunately, if you have committed many types of crimes, you can be put into Removal Proceedings and deported. having the Green Card does not mean that you can stay here permanently and that you are safe from never being deported. Once you commit a crime of many different kinds, you could easily find yourself being transferred to immigration detention after you serve your criminal sentence. In that case, you would have to fight your case to stay in the U.S. Application for Cancellation of Removal and Adjustment of Status for Certain Non-Permanent Residents 42(B). A Legal Permanent Resident can apply for cancellation of removal if they have maintained a continuous physical presence in the U.S. for 10 years, maintained a good moral character, and have not been convicted of an offense. The removal would result in exceptional and extremely unusual hardship to your U.S. or Legal Permanent Resident spouse, parent or child. If that is the case, you could apply in many times for Cancellation of Removal. This is like a ‘get out of jail’ free card. It can happen once and if you win, you will get to keep your Green Card and stay in the U.S. even though you have committed a crime making you deportable. Many times people who are not in Removal Proceedings or Deportation Proceedings believe that they can do cancellation of removal applications. In fact, many foreign nationals not in immigration court think that all they have to do is remain in the U.S. for 10 years and voila that they qualify. Unfortunately, it is not that easy, nor is it correct. The ONLY way you can apply for Cancellation of Removal for Non-Permanent Residents is to be in deportation proceedings and fighting your case in front of an immigration judge. Additionally, it involves much more than simply being here for 10 years. You must also show that you have good moral character. This essentially means you do not have a criminal history and have not committed fraud on U.S. Immigration. Finally, and many times, the most difficult part of this, would be showing severe hardship to either a child, spouse or parent who is a lawful permanent resident or U.S. Citizen if you are deported. This does not mean merely the normal hardships associated with a deportation, but much more. Many times, we can show medical reasons. However, there are quite a few factors added together to increase the hardship of a deportation such as medical, economic, social, cultural and psychological. A psychologist is used many times to aid in showing the psychological hardship. There are different kinds of cancellation of removal packets, but if you have no legal status or are not a lawful permanent resident, then this is the way you would apply. The sample Cancellation of Removal packet for Non-permanent Residents you see will give lots of great information and a significant amount of information and data that will comply with the requirements. Thus, if you cannot hire an immigration lawyer to prepare the necessary Cancellation of Removal Packet, this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States. Note that the Immigration judge nor the trial attorney from the department of homeland security are your friend, and you must properly either get legal representation via an attorney or represent yourself. Either way, if you qualify for this, you must make it as strong as possible. We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.

Defense of Asylum Application occurs when a request for Asylum as a defense against removal from the U.S. for the Asylum processing to be defensive, the foreign national must be in removal proceedings in immigration court with the Executive Office for Immigration Review ( EOIR). First, the Foreign National must establish that they fear persecution in their home country. Secondly, they would be persecuted on account of at least one of five protected grounds: race, religion, nationality, political opinion, or particular social group. If you are afraid of being tortured or persecuted in your home country, you may be eligible for protection under the Convention Against Torture (CAT). This is an international treaty that prohibits countries from sending people back to places where they would face torture. To apply for CAT protection, you need to fill out Form I-589, Application for Asylum and for Withholding of Removal, and provide evidence that it is more likely than not that you would be tortured if you return to your country. You also need to show that the torture would be inflicted by or with the consent of a public official or someone acting in an official capacity. CAT protection is different from asylum and withholding of removal because it does not require you to prove that you have a well-founded fear of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group. However, CAT protection is also more limited because it only prevents your removal to the country where you would face torture, and it does not grant you any immigration status or benefits in the United States. A CATS application is a document that summarizes your academic achievements and research interests for admission to a graduate program. To prepare a CATS application, you need to follow these steps: - Choose a program and a supervisor that match your goals and background. - Write a statement of purpose that explains why you want to pursue this program and how it relates to your previous studies and future plans. - Prepare your transcripts, test scores, letters of recommendation, and other supporting documents. As an Immigration Lawyer, we are very aware of the red tape and the multiple items that could go wrong with any particular petition and/or application.      Thus, this example should provide you a very clear path with which you can use to prepare your own Sibling Petition in order to proceed forward. The sample Sibling Petition petition will give lots of great information and a significant amount of information and data that will comply with the requirements. Note that it is not an automatic grant and it is not just filling out some forms. This is your burden to prove to the immigration officer and to convince that officer you should be reinstated even after falling out of status. Thus, if you cannot hire an immigration lawyer to prepare the necessary Sibling Petition, then this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States and continue your education. Note that the adjudicating officer at USCIS is not your friend or the Consulate Officer at the U.S. Consulate deciding whether you should get this particular visa or status. Thus, you need to completely and properly document and prepare your Sibling  Petition. You must properly either get legal representation via an attorney or represent yourself. Either way, if you qualify for this, you must make it as strong as possible. We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.

Motion to Reopen Removal Proceedings to Apply for 212(c) pertains to certain aliens who were lawful permanent residents, who are subject to a final order of deportation or removal, who are eligible to apply for relief under section 212(c). These proceedings shall be reopened SOLELY for the purpose of adjudicating the application for section 212(c) relief. Do you qualify for 212(c) relief? At this time, it may be possible for you to file a Motion to Reopen Removal Proceedings to Apply for 212(c) pertains to certain aliens who were lawful permanent residents, who are subject to a final order of deportation or removal, who are eligible to apply for relief under section 212(c). These proceedings shall be reopened SOLELY for the purpose of adjudicating the application for section 212(c) relief. A section 212c waiver allows certain long time green card holders who have been placed in removal proceedings because they were convicted of a criminal offense to avoid being deported.Congress repealed former section 212(c) of the Immigration and Naturalization Act effective April 1, 1997. However, the United States Supreme Court decided in 2001 that the repeal does not apply to lawful permanent residents who pleaded guilty to a crime before April 1, 1997 INS v. St. Cyr, 533 U.S. 289. On December 12, 2011, the U.S. Supreme Court issued an important decision further protecting the rights of immigrants under the St. Cyr decision.In Judulang v. Holder, the Supreme Court unanimously held that the government’s policy for deciding when lawful permanent resident immigrants may apply for 212(c) relief from deportation for pre-1996 guilty plea convictions deeming such immigrants ineligible for relief if the deportation ground at issue does not have a sufficiently comparable inadmissibility ground was arbitrary and capricious in violation of the Administrative Procedure Act.The Court remanded the case for the government to adopt a new approach that does not arbitrarily deny long-term permanent resident immigrants such as Mr. Judulang from being able to apply for relief from deportation. In 2012, the U.S. Supreme Court issued another important decision protecting the rights of immigrants with long ago criminal convictions to travel abroad without risking detention and removal upon their return. In all of these immigration situations, it is possible under the right circumstances to make a motion to reopen proceeding to apply for 212(c) relief. This sample gives a great place to start. While it would be better and more effective to use an experienced attorney, it is clear that many times people just do not have the funds to retain an attorney. Therefore, note that this Motion to reopen deportation proceedings which is based on you qualifying for 212(c) relief is made by an experienced immigration lawyer with nearly 30 years of experience. It is real and it was actually submitted. The sample Motion to Reopen to apply for 212(c) relief is based on several factors and  will give lots of great information and a significant amount of information and data that will comply with the requirements. Thus, if you cannot hire an immigration lawyer to prepare the motion, then this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States. Note that the adjudicating officer at USCIS is not your friend or the Consulate Officer at the U.S. Consulate deciding whether you should get this particular visa or status. We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.

The Political and Religious Asylum Application is an Application for Asylum focused on the past persecution or fear of future persecution in the FN's home country based on one's religion, membership in a particular social group, or political opinion.

Nobody wants to be in deportation. However, if your either in deportation proceedings (removal proceedings) or will have to go to immigration court or have already been deported or have a deportation order, these videos are for you. Many times there are ways of getting back to the U.S. and/or stopping a deportation or fighting deportation in Immigration Court so that the order is never given in the first place. Come learn about what you can do and how to help yourself with the different facets of deportation law. The EB-2 is the second based employment preference. Understanding  the basic requirements of an EB-2 and whether you might also need to apply for the EB-3 employment based petition is critical. Many times these petitions take years less than family. There are many different items necessary to properly submit Deportation. Come watch the training so you can have a much better chance of getting the Deportation approved.

A Legal Permanent Resident may have his removal cancelled before a hearing before an Immigration Judge. In order for this to happen, the Legal Permanent Resident has had this status for 5 years, he has had at least 7 years continuous residence in the United States after having been lawfully admitted in any status, and has not been convicted of an aggravated felony. Also has the Form EOIR-42A attached. Do you already have your Green Card, but committed a crime and now U.S. Immigration is trying to deport you? This is possible, but you may qualify for a form of relief which for all intense purposes is your ‘get out of jail’ free card. A Lawful Permanent Resident or somebody with a Green Card may have his removal cancelled before a hearing before an Immigration Judge. In order for this to happen, the Legal Permanent Resident has had this status for 5 years, he has had at least 7 years continuous residence in the United States after having been lawfully admitted in any status, and has not been convicted of an aggravated felony. Also has the Form EOIR-42A attached. Many times, people who are not in Removal Proceedings or Deportation Proceedings believe that they can do cancellation of removal applications. In fact, many foreign nationals not in immigration court think that all they must do is remain in the U.S. for 10 years and voila that they qualify. Unfortunately, it is not that easy, nor is it correct. The Cancellation of Removal for Lawful Permanent Residents is quite a bit easier to get approved than the other Cancellation of Removal for those people who don’t have their Green Cards. It is not easy, but much easier. For this Cancellation of Removal, you need to have been physically present in the United States for 7 years and have had residency for 5 years and to have not been convicted of an aggravated felon. Thus, you do not need to show good moral character and you do not need to show extreme hardship to a U.S. relative such as a child, spouse or parent. Even if you have an aggravated felon, you may be able to go back to criminal court to argue why the sentence should be reduced or the guilty plea vacated. Cancellation of Removal or ‘Cancellation of Deportation’ for people who have Green Cards, is basically a get out of jail free card. Once you prepare the application, argue the merits hearing in front of the Immigration Judge and await a decision, you will get your Green Card back and get removal proceedings ended if you win. The sample Cancellation of Removal packet for Lawful Permanent Residents you see will give lots of great information and a significant amount of information and data that will comply with the requirements. Thus, if you cannot hire an immigration lawyer to prepare the necessary Cancellation of Removal Packet, this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States. Note that the Immigration judge nor the trial attorney from the department of homeland security are your friend, and you must properly either get legal representation via an attorney or represent yourself. Either way, if you qualify for this, you must make it as strong as possible. We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.

Asylum based on Sexual Preference is a social group and is the largest grounds for Asylum Applications. Courts have found sexual orientation to be a recognizable social group.