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Immigration Representation in Court:
A deportation proceeding is a hearing at the Immigration Court to determine whether a non-citizen will be deported from the United States. All persons in the United States who are not citizens may be deported if they are on grounds of inadmissibility or deportation under the Immigration and Nationality Act. In fact, a legal permanent resident may lose his residency status and be deported from the United States if he or she violates certain provisions of the immigration law.
Immigrants in immigration court proceedings are entitled to be represented by a lawyer at their own expense, unless the immigrant waives his or her right to be represented by counsel. The immigration judge must provide a reasonable opportunity to search, speak with, and hire an immigration attorney. Also, the immigration judge must grant a reasonable and realistic period of time to provide a fair opportunity for a person to search, speak with, and hire an immigration attorney.
La ley de inmigración y los procedimientos de la corte de inmigración son muy complejos. Por eso, es importante para los inmigrantes tener un abogado de inmigración para recibir la mejor representación posible.
Representation of Detains:
When you are caught at the border or when you turn in immigration officers, and when you express the fear of returning to your home country, there will be a process by which immigrants detained by ICE will have to go through. In this segment of our website, our immigration lawyers explain the process of how asylum is sought after being caught crossing the border without valid documents.
An immigrant and without legal documents in the United States of America may request the Credible Fear Interview. This request is made on the basis that the person is afraid to return to his country, this may be for reasons of extortion, violence, torture, or for any damage or mistreatment suffered by the person or a close relative. This request can be made independently if the person is detained in a detention center or not.
If the officer determines that the fear is credible the person will have the opportunity to present his / her asylum case before the Immigration Court, which after a process of different courts the Immigration Judge will determine if the person applies for asylum in the States United.
If the asylum officer determines that the fear is not credible, ie that the person’s case does not meet the requirements for the person to apply for asylum in the United States, the immigrant has the opportunity to request that the examine the decision of the asylum officer. Therefore an appointment will be scheduled with the Immigration Judge where the person will have the opportunity to be able to present his case again and explain in detail what his fear of returning to his country is. If the Immigration Judge considers that the person’s fear is credible, it will give the immigrant the opportunity to file his asylum application with the Immigration Court and initiate a process as mentioned in the previous paragraph.
If the Immigration Judge considers that the person’s fear of returning home is not credible and affirms the decision of the asylum officer, the case passes to the Department of Homeland Security again and the person has the opportunity to file another resource. This resource consists of the Reconsideration of the Credible Fear Interview findings. This document gives the immigrant the opportunity to present evidence that was not available at the time of the credible fear interview because it was events or events that occurred within a time span after the interview. If the Department of Asylum approves the Motion, the immigrant will have a new credible fear interview to present his case to an asylum officer. If the officer believes that there is a credible fear now, the immigrant will have the opportunity to apply for asylum before the Immigration Court. If the officer determines that the fear remains unverifiable the person will have to return to their home country.
Defending against Deportation:
There are several defenses against deportation that could be used by immigration lawyers in immigration court. We offer you the list of potential defenses that an immigration attorney should use to defend his client before the immigration judge:
– Expulsion Exemption
– Convention against torture
– adjustment of status
– visa u
– visa t
– visa s
– sjis (for minors)
– asylum (under the law of tvpra for minors)
– tax discretion
– administrative closing of the case
It is crucial that your immigration lawyer is recursive in finding the best solutions for your case.
Residency and Status adjustment in the United States:
The adjustment of status is an advantageous immigration procedure for someone already in the United States. This adjustment would help you get the green card without leaving the country. The residency process can be completed in the United States without having to return to your home country.
You may be eligible for adjustment of status if you are the beneficiary of a petition to emigrate, which is usually sponsored by a family member who is a US citizen, permanent resident, or prospective US employer.
People who have come to the United States as refugees or asylees can also benefit from adjustment of status.
Visa and Residency for Foreign Investors (Visa EB5, Visa E-2):
The United States, like any other country in the world, offers programs aimed at the country’s economic growth, resulting in the opportunity for foreign investors to come to the United States through the EB-5 visa, which allows them to have a temporary residence that becomes permanent the two years.
INVESTOR VISA EB 5
These are visas especially for those entrepreneurs who, looking for an economic opportunity, or an education alternative for them and their family or, perhaps, to reach their retirement in the United States, are interested in permanently investing and residing, legally, in the United States.
United States, through the Immigration and Nationality Act (INA), articles 203 (b) (5) and 8 U.S.C. §1153 (b) (5), grants 10,000 immigrant visas per year to such employers.
30% of these visas (3,000 annually) are destined to be granted to investors who are included in the pilot program designed by USCIS, called the Regional Center.
According to the definition of U.S. Citizenship and Immigration Services is an economic entity, public or private, recognized as such by the INS for its activity in promoting economic growth, improving production in its region, creating jobs and raising capital in domestic investments and, in this way, their business economic activity has a positive impact on the regional or national economy.
To investors interested in such a program, USCIS has made available a complete list at www.uscis.com/regionalcenters, thereby avoiding the possibility of fraud.
HOW TO APPLY FOR AN EB-5 VISA
Firstly, foreign investors must demonstrate that they will invest in a new company located within the Regional Center duly approved and recognized by the USCIS pilot program.
Secondly, they will show that they have generated at least ten jobs in their new business, either directly or indirectly, through increased exports, improved productivity in the Center area or increased the investment of national capital, product of the pilot program.
CONDITIONS OF THE INVESTOR TO BE CHOSEN
The fundamental condition is the capital already invested or to be invested, which is the amount required to start a commercial enterprise and with which they will generate the amount of new jobs and will benefit the regional and country economy. They can obtain the EB-5 visa, for him and his immediate nuclear family (spouses and unmarried children under 21).
The investment should be made in: The creation of a new company, with capital of at least one million dollars, or five hundred thousand, in cases where it is invested in an “identified unemployment area” (TEA) areas where unemployment has reached more than 150% of the national rate or a rural area designated by the Office of Management and Budget.
The purchase of an existing one, but subject it to a restructuring and reorganization resulting in a new company.
Or expanding an existing business into a 140% of jobs or net worth before the investment or, also, retaining jobs in a company that has lost 20% of its net worth over the past two years.
STEPS TO APPLY FOR IMMIGRANT INVESTOR STATUS
The first step is to file Form I-526 Petition for Immigrant by Foreign Entrepreneur. Together with this form, it must be sent with the necessary documentation to verify without a doubt that the petitioner’s investment complies with all of the above-mentioned conditions: The establishment of a new company, the investment of the capital stipulated, the creation of the number of jobs required, that the investor is actively participating in your company, job creation in an area of identified unemployment. You should also make it clear that your capital comes from a legal source of funds.
The approval of the i-526 form grants the investor, his conditional resident status, for two years, but may request his adjustment of status upon filing of form i-485 in the case of residing in the United States or, in other cases, filing Form I-829, within 90 days prior to the investor’s two years as a conditional resident in the country.
RISKS OF INVESTMENT
Every investment involves a risk, and the case of companies founded by immigrant investors is no exception, but the risk of their investments is the usual of any business in the country.
The primary family, immigrant under the EB-5 visa, has all the rights of an immigrant, from the time they get the green card. The children will be able to live and study in the United States, even if the investor no longer resides in the country.
THE PROCESS TO APPLY FOR EB-5 VISA
The best way to ensure that the request is accepted quickly and smoothly, is put into the hands of the law firm Kostiv & Associates, where there is a team of professionals with the knowledge and experience to provide the best service.
The United States also offers an E-2 visa for investors who are citizens of a country with which the United States has a trade agreement and is coming to the United States solely to direct and develop the operations of a company in which it has investments or actively participate in the investment process.
The Legal Office of the Petro Lawyer, we offer advice and representation on these types of visas since the Visas and Residences for Foreign Investors, is one of the Specialties that Attorney Petro performs very frequently.
Family petitions must be made through a direct relative who is a United States citizen or Permanent Legal Resident, so that they can be approved. But sometimes these requests are not approved, as they were completed incorrectly. So if you need to perform this type of procedure, the Petro Lawyer Immigration Lawyer can help you with this type of paperwork. With satisfactory results.
Being a citizen of the United States, is one of the greatest achievements that any foreigner can have, since becoming a citizen of this country. You can have many benefits like:
- Right to vote and thus be part of the political decisions of the country through its vote.
- To carry a United States Passport; which opens doors to many countries around the world.
- Make family requests; since being a citizen of the United States, the waiting time is shorter, than if you were a permanent legal resident.
- Among others
To obtain citizenship of the United States, the applicant is required to comply with a number of requirements such as:
– Be of age
– Have a good moral character
– Living as a permanent legal resident for a certain period of time
– Knowing the History of the United States.
– Have basic knowledge of the English language.
That is why Attorney Petro helps you in this process, which sometimes becomes difficult because of the technicality of immigration law by providing you with a professional service.
Appeals, BIA AND 9th. CIRCUIT
Appeals are made when a person disagrees with the deportation or removal order made by the Immigration Judge.
Decisions of the Executive Office of Immigration Review (EOIR) may be appealed to the Board of Immigration Appeals (BIA or Board) which is part of the Department of Justice.
At the Law Office of Petro Lawyer, we help you stop the Removal or Removal by an Immigration Judge.
Consular Representation Inside and Outside the United States:
Attorney Petro is a professional committed to his clients, since he does not only represent them in a court within the territory of the United States, but also that, if necessary, he represents his clients in any consulate inside and outside the United States. United States.
TPS Petition, Renewal and Recovery of TPS:
Often this protection is lost for crimes that are committed within the territory of the United States, just as it can be lost due to errors of an administrative nature on the part of the beneficiary as; not submit your TPS renewal application on time, among others.
So at the Law Office of Petro Lawyer, we offer you the TPS Recovery service, so that you again enjoy this protection granted by the United States government, since this benefit prevents you from being deported to your country of origin.
The Visa U deportation defense is for victims of certain crimes that have suffered physical or mental abuse and which provide assistance to public agencies and government officials in the investigation and / or prosecution of crimes.
Eligibility Requirements for Visa U
-You have been the victim of a qualified criminal act;
-Has suffered substantial physical or mental abuse as a result of having been a victim of a criminal act;
-It has information about criminal activity. If you are under the age of 16 or unable to provide information due to a disability, your parent, guardian, or legal representative may possess, on your behalf, information related to the crime;
-Helped, Helped, or is likely to help law enforcement in the investigation or prosecution of criminal activity in the future. If you are under 16 or can not provide information due to a disability, your parent, guardian, or legal representative can assist law enforcement on your behalf.
-The crime occurred in the USA. UU. or violated the laws of this country;
-The victim is eligible to be admitted to the United States. If you are not eligible to be admitted, you can apply for a Waiver Form I-192, Advanced Non-Immigrant Entry Permit Application.
Criminal Activities Eligible
- Forced labor
- Hostage taking
- Sexual assault
- Abusive Sexual Content
- Human trafficking
- Involuntary servitude
- Tries slave
- Domestic Violence
- Involuntary manslaughter
- Sexual exploitation or rape
- Illegal detention
- Female genital mutilation
- Obstruction of justice
- Manipulation of witnesses
- Gun Aggression
- Illegal criminal restraint
- Fraud in hiring foreign labor
Once the U Visa has been approved, the immigrant can apply for a work permit (using Form I-765) and then apply for US residence. In the context of the immigration court once your U Visa has been approved, the judge must close your case. Our immigration lawyers can assist you with this process in the immigration court or outside the immigration court.
Tourism and Student Visas:
There are many types of nonimmigrant (temporary) visas. Each is issued for a different purpose and each is known by a combination of letter and number as well as by a name. You may be familiar with the most popular nonimmigrant visas such as: the B-2 tourist visa, the E-2 investor visa and the F-1 student visa. All of them enter into the nonimmigrant group in general.
When you obtain a nonimmigrant visa, the United States government assumes that you will perform a specific activity during your stay within the United States. Therefore, you are granted a visa that authorizes such activity and only that activity for a limited period of time.
How is a non-immigrant visa different from a green card?
The most basic difference is that all green cards are permanent, while all nonimmigrant visas are temporary. If you have a Green Card, you are considered a permanent resident of the United States. Your residence card may be void if you violate certain laws or regulations. While for a non-immigrant visa is completely the opposite, since it is extremely easy for the government to cancel your visa. For example, if you travel to the United States and the border authorities think that you did not return to your home country after the time established for your stay within the United States, you will be removed from the visa.
After you have obtained and maintained your residence card for a certain period of time, you can become a US citizen; while with a nonimmigrant visa you would never become a US citizen. Please contact our immigration attorneys to have no doubts about your cases.
Asylum in the United States: Immigration court, Affirmative Asylum and Asylum for minors.
Who can obtain asylum in the United States? The refugees who are persons who are away away from their country and can’t or don’t want to return to their homeland because they’re afraid of something happening to them.
The asylum status can help provide protection to those persons who meet the refugees requirements. Which would be them already being in the U.S. and they request admission in a point of entrance.
DACA or Differed Action:
The deferred action is an administrative relief that stops the deportations of undocumented young people who entered the country as children.
DACA as commonly known, allows an eligible undocumented immigrant to remain temporarily in the United States as a legal Immigrant. The person who qualifies for this benefit may apply for a work permit for the period in which the deferred action is in force.
Deferred action DOES NOT OFFER a permanent legal resident status or citizenship in the United States.
Who is eligible for deferred action:
All the young people who arrived in the USA before the age of sixteen.
having lived for at least 5 years continued in the United States (since June 15, 2007).
Be 15 years old as a minimum age, if you are currently in the process of being deported, have a pending voluntary departure order, or have a deportation order and are not in immigration custody, you may request deferred action.
Have graduated from (High School), Certificate of General Education (GED) or be studying either of these at the time of requesting the Deferred Action.
Not having been convicted of any felony.
Pass a Criminal background check.
At the Law Office of the Lawyer Petro, we give you the correct advice, so you do not miss this opportunity to obtain the deferred action.
For Law NACARA, qualify citizens of different countries; like Nicaragua, Cuba, El Salvador, Guatemala and several of the countries that belonged to the Soviet Union. There are different conditions and privileges for each country. Next, we will see how the law 1is applied to citizens of El Salvador and Guatemala.
Persons applying for asylum on or after 1 April 1990 may apply.
They may also qualify persons who arrived in the US on or before September 19, 1990; and were enrolled in the ABC or TPS (Temporary Protection Status) before October 31, 1991.
You can also benefit the spouse or children under 21 years of age, as long as they are in US territory, regardless of nationality.
You must prove to have been in the US for 7 continuous years without leaving the country: since each departure from the US should not have been greater than 90 days or the total time that was outside the US should not have been 180 days .
The Nacara law has no expiration date for citizens of El Salvador or Guatemala.
At the Law Office of the Attorney Petro, we give you the correct advice, so that you can get this benefit as it has no expiration date.
FOIA (Freedom of Information Act):
Freedom of Information Act (FOIA) is a law that grants any citizen, Legal or Foreign Resident in the United States, the right of access to federal information. With this right you can access the records of federal agencies in the United States. It is very important to be advised before completing this form, since each case is always different.