Cancellation Of Removal Archives - Fresno Immigration Attorney

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Immigration, immigration attorney, Immigration Reform, Immigration Reform Law

Obama to Appear on Spanish TV for Immigration Reform

There are four television interviews scheduled for Spanish television networks this week by President Obama to discuss the matters of immigration reform. He will be using the Spanish network as a platform to stress the importance of passing the immigration reform bill by discussing its benefits to our nation’s economy.

The Congressional Budget Office and President Obama agree that the immigration reform bill will help reduce the nation’s deficits and improve the economy. By appearing on Spanish television, he hopes to gain support of the Hispanic population and push Republicans to come on board as well. Republican John McCain defends Obama and says he believes the president would be willing to work with Republicans to reach a compromise.

ByPhillip Kim

Cancellation Of Removal, Deportation, Immigration, immigration attorney, Immigration Lawyer, Removal

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Citizenship, DACA, Deferred Action, Deportation, Dream Act, Green Card, Work Permit

DACA Deferred Action for Childhood Arrivals Process

DACA Deferred Action for Childhood Arrivals Process
You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

Your situation Required age
I have never been in removal proceedings, or my proceedings have been terminated before making my request. At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012.
I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.
Timeframe for Meeting the Guidelines

You must prove
That on June 15, 2012 you As of the date you file your request you
Were under 31 years old
Had come to the United States before your 16th birthday
Were physically present in the United States
Entered without inspection by this date, or your lawful immigration status expired as of this date
Have resided continuously in the U.S. since June 15, 2007;
Were physically present in the United States; and
Are in school, have graduated from high school in the United States, or have a GED; or
Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Education and Military Service Guidelines

Your school or military status at the time of requesting deferred action under this process Meet education or military service guidelines for deferred action under this process (Y/N)
I graduated from:

Public or private high school; or
Secondary school.
Or
I have obtained a GED.
Yes
I am currently enrolled in school.

See www.uscis.gov for more information.
If you need help on filing, contact (619) 752-5379, PKimmigration.com

ByPhillip Kim

Deportation, Detention, Dream Act, Dreamers, Green Cards, HOW TO GET A GREEN CARD IN SAN DIEGO, IMMIGRATION ARTICLES, immigration attorney, Immigration Lawyer, IMMIGRATION NEWS, Immigration Reform, IMMIGRATION SERVICES · TAGGED WITH DEFERRED ACTION, Removal, Work Permit

Work Permit for Dreamers and Deferred Action Dream Act

Ask DREAM ACT Attorney – Call (559) 448-8500

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.

According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.

For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

ByPhillip Kim

Work Permit & Deferred Action of Removal & Deportation by DHS under new Immigration Law President Obama

DHS Outlines Deferred Action for Childhood Arrivals Process

USCIS to begin accepting requests for consideration of deferred action on August 15, 2012

WASHINGTON—The Department of Homeland Security today provided additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15 implementation date.

On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. U.S. Citizenship and Immigration Services (USCIS) is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

USCIS expects to make all forms, instructions, and additional information relevant to the deferred action for childhood arrivals process available on August 15, 2012. USCIS will then immediately begin accepting requests for consideration of deferred action for childhood arrivals.

Information shared during today’s call includes the following highlights:

Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
Requestors will use a form developed for this specific purpose.
Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
All requestors must provide biometrics and undergo background checks.
Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
The four USCIS Service Centers will review requests.

ByStaff

Attorney, Authorization, Central Valley, Defense, Deportation, Education, Employment, Fresno, Immigration, Law, Lawyer, New, Obama, Permit, Work

How to Apply for a Work Permit under New Immigration Law

The Obama Administration’s latest new immigration law could benefit many immigrants.

Effective June 15th, 2012, President Obama’s new immigration law will do two things for young immigrants: prevent deportation and grant work permits.

The Obama Administration decided it was time to address the needs of thousands of struggling, young immigrants. Many of these immigrants were brought the United States at a young age and have significant ties to this country – some have lived here since they were children and only speak English. The new law is meant to provide these immigrants with a solution that would prevent them from being deported and would also allow them to work legally in the U.S.

The law is tailored for immigrants who are currently under the age of 30. The immigrant must prove that he is not a threat to the country. Good moral character will also be taken into account. This means that if the immigrant has a history of crime or criminal offenses, he may be denied under this new law.

The new law is meant for young immigrants who came to the U.S. under the age of 16. As minors, these immigrants had no choice in coming to this country. Now that they are here, they should be allowed to stay and get work legally.

Finally, the last requirements under this law are that the immigrant is currently in school or has graduated from high school. If you have received some form of a G.E.D., then that would be acceptable as well. You must also have been living in the U.S. since 2007. If you left at any time within the past 5 years or are currently NOT in the U.S., then you might not be eligible to apply under this law.

Even though you meet these minimum requirements, you may not be eligible for the benefits of this new law. For example, documents must be submitted as proof or evidence that you meet the requirements. If you fail to provide the government with proper documents, your case may be denied.

Furthermore, there may be more requirements for specific cases. A certain criminal offense might still mean that you are eligible for some protection under this law, while other offenses will bar you from benefits altogether.

For these reasons, it is important to discuss your options with a specialized immigration lawyer. Contact Attorney Phillip Kim for more information about Obama’s new law and how it will affect you.

Phillip Kim, esq.
Phillip Kim Law Center

Fresno Office
(559) 448-8500
PhillipKimLaw.com

ByStaff

Attorney, California, Deportation, Fresno, I-212, I-601, Immigration, Port Of Entry, reentry, Removal, Visa, waiver

Where to Apply For a Visa if You Have Been Removed, Deported, or Living Undocumented: The I-212 Waiver For Ineligible Immigrants

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry or unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

If you were turned away at a U.S. port of entry but were not under formal removal proceedings, you do not need to file this form in order to re-apply for your visa. Likewise, if you have been deported previously but have waited the necessary amount of years before re-applying, you do not need to file this form. Applicants seeking non-immigrant visas, border crossing cards, T or U visas, and applicants with Temporary Protected Status (TPS) do not need to file this form unless they need special consent for readmission. You should file the I-212 if you are seeking an immigrant visa during a time of ineligibility or are currently ineligible for a non-immigrant visa.

The application for the ineligibility waiver is separate from your application for a visa and has some different procedures. Where you should file this form is different depending on your reason for ineligibility. There are 2 major groups of ineligibility covered by the I-212 waiver: previous removals and unlawful residence in the U.S. These 2 groups have different application procedures, so you should be clear on the grounds of your ineligibility before applying for readmission.

Ineligible applicants who have undergone removal proceedings should file the I-212 at the same time or after they apply for change of status to get their visa. If you are ineligible to readmission to the U.S. because you have been previously removed, you should file the I-212 before you return to the U.S. If your removal is active but pending, you should file the form before leaving the U.S. If you are still in the U.S., you should file your I-212 at the same U.S. Citizenship and Immigration Services (USCIS) office you file for change of status. Otherwise, file your I-212 at the office where your application is pending. For example, if you applied for your visa at the USCIS office in Ciudad Juarez and are currently residing outside the U.S., you should submit your waiver to the Ciudad Juarez office as well.

If you are currently in removal proceedings, file your waiver with the Executive Office of Immigration Review (EOIR). The immigration court processing your removal will tell you which office to submit your I-212 waiver to and give you further or unique instructions for filing. You can file the I-212 if you are currently undergoing active removal.

If you have previously lived in the U.S. unlawfully, you must depart the U.S. before filing for readmission. There will most likely be a 10 year waiting period before you are granted readmission under the I-212 waiver.

Where you should file the I-212 visa is different. For applicants needing consent for readmission but who are applying for a non-immigrant visa, you should file your waiver with an office of the U.S. consulate. Similarly, you should file with the U.S. consulate if you are applying for an immigrant visa and are required to file the I-601 waiver at the time of your visa application. If you are not required to get a visa before entering the U.S. as a non-immigrant, you can get your border crossing card and file your waiver at the U.S. Customs and Border Patrol office at the site of entry processing your admission.

For more information and help with filing for a visa, contact immigration attorney Phillip Kim.

ByStaff

212 waiver, Application, Deportation, Extreme Hardship, Fresno, I-212, immigration attorney, reentry, waiver

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

The I-212 Waiver can be used to let you re-enter the U.S. if you are currently ineligible to do so. Immigration law says that previous removals from the U.S., including at a port of entry, and unlawful living in the U.S. makes visa applicants ineligible to re-enter the U.S. and ineligible to re-apply for a new immigrant (permanent, resident) visa. The I-212 can be used to waive your ineligibility regardless of previous removal history or history of illegal presence in the U.S.

The I-212 should be filed at the same time or after any other forms necessary for your readmission. If you are applying for an immigrant visa, you should submit your waiver alongside your application for residence. If you are required to submit any other waivers for re-entry, you should file the I-212 at the same time and at the same office. Where you should file your forms will depend on the reason for your ineligibility and the type of visa you will be applying for. Make sure to check that you are applying with the correct office or department. Possible application destinations could be a local office of the U.S. Consulate, an office of the U.S. Citizenship and Immigration Services (USCIS), the U.S. Border and Customs Patrol office, or an office of the U.S. Department of State. Whether or not you can file your waiver while also present in the U.S. will depend on the grounds of your ineligibility. If you have previously lived illegally in the U.S. and this is the reason for your waiver application, you must depart the U.S. before filing your waiver.
Once you know whether or not you need to file the I-212 and where you should be applying, you are ready to file your form. The I-212 will require in-depth writing in English explaining your previous migration history and other personal information. The I-212 waiver has a filing fee currently at $585 U.S. dollars. Take care to send your filing fee to the correct office, in the correct amount to avoid delays in processing your application. Applicants filing with the USCIS office should pay to the U.S. Department of Homeland Security. Some applicants may be eligible for a fee waiver, so see if you qualify to avoid the filing fee.

You will be required to submit documents along with your waiver. If your application is pending and being reviewed, the person in charge of reviewing your waiver may look at additional information, both positive and negative, associated with your re-entry to the U.S. You should submit as much documentation as possible with your waiver to strengthen your case for admission to the U.S. Any documents written in a language other than English should include a full English translation in order to be reviewed. You should also take care not to submit your original documents and submit only copies. Make sure to keep your original personal documents because you may need them later. When filing the I-212, you are required to submit copies of your immigration history and records of any previous removals, departures, or deportations. This is required of all waiver applicants.

You should also submit documentation that strengthens and proves any claims about your positive moral character, good community standing, need for U.S. medical treatment or social services, or any close ties to the U.S. You must also submit documentation about negative qualities that may play a factor in your admission to the U.S. Having no major negative factors on your application will be reviewed positively. You can also aim to demonstrate that denying your admission to the U.S. would cause extreme hardship to you or your family. The grounds for claiming extreme hardship can be broad but there are guidelines you should look into. Records that can demonstrate these factors can include police or criminal records, medical records, school records, employment history, official state documents such as birth or marriage certificates and so on. You can also submit documentation that would show poor conditions to which you or your family would be returned if your application was denied.

Overall, you should pay close attention to the correct filing method for the waiver. Only correctly filed and completed forms will be reviewed and only properly submitted documentation will be included in your case. Failing to properly file your I-212 waiver or any other forms will result in a significant delay in your application’s processing time.

For more information and help with filing for a visa, contact immigration attorney Phillip Kim.

ByStaff

Adjust Status, Application, Asylum, BIA, Board Of Immigration Appeals, Deportation, Deported, Immigration Court, Permanent Residency, Removal Proceedings, Waiver of Admission into U.S.

How to Obtain Protection through Deportation Proceedings

The following information is for people seeking protection from deportation. Proceedings take place in Immigration Court or before the Board of Immigration Appeals (BIA). In deportation proceedings, individuals can apply for protection and immigration benefits like:

• Adjustment to permanent resident status
• Cancellation of removal
• Waivers that allow admission into the U.S.
• Asylum or hold back deportation orders (if eligible)

If you are filing for protection, you need to submit certain applications and provide biometric and biographic information to USCIS. If you do not file these forms properly, your file will not be passed on to removal proceedings. These procedures are meant to ensure that background checks are completed before your file is examined for protection benefits.

Since April 1, 2005, benefits cannot be granted to individuals until background checks are completed.
If your application is accepted, the process is not over yet. You will be issued further instructions by the Immigration Court. You must follow these instructions to receive documentation and work authorization.

For more information about removal proceedings, contact Attorney Phillip Kim.

Fresno Immigration Attorney

Category Archive Cancellation Of Removal

Facing Deportation and Removal—What You Can Do

Obama to Appear on Spanish TV for Immigration Reform

Facing Deportation and Removal—What You Can Do

DACA Deferred Action for Childhood Arrivals Process

Work Permit for Dreamers and Deferred Action Dream Act

Work Permit & Deferred Action of Removal & Deportation by DHS under new Immigration Law President Obama

How to Apply for a Work Permit under New Immigration Law

Where to Apply For a Visa if You Have Been Removed, Deported, or Living Undocumented: The I-212 Waiver For Ineligible Immigrants

The I-212 Waiver: A Breakdown of the Waiver Application Process if You Have Been Previously Removed, Deported, or Living Undocumented

How to Obtain Protection through Deportation Proceedings

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