Form N-600 is an official USCIS document which is filed for the purposes of getting a Certificate of Citizenship. This form serves as proof of your child’s or your own U.S. citizenship. If you are trying to claim citizenship through your parents as you were born abroad, you can use Immigration Form N-600. Knowing how to approach your citizenship certificate application will help you with proof if you want to access other benefits for citizens.
A parent of a minor can also file this form on behalf of the minor. If you need to obtain evidence of citizenship after you automatically became a U.S. citizen by an operation of law before you turned 18, Form N-600 should also be filed. Finally, an adopted child can obtain U.S. citizenship through his or her parent with current citizenship depending on the applicable laws.
Many people get confused about Form N-400 vs. Form N-600. There is one key difference between these forms. If you are not yet a U.S. citizen and want to become one, you would use Form N-400. However, if you have already become a U.S. citizen and need proof of that, Form N-600 would be used for that evidence.
If you already have a passport issues by the U.S. Department of State, you do not need to file Form N-600. Your passport will serve as your citizenship proof so long as it is valid. Your passport cannot serve as your citizenship proof if it’s revoked by the Department of State.
In order to obtain other benefits of citizenships, however, you may need to file a Form N-600 application. These include financial aid, employment, Social Security, passport renewal, or a state issued ID.
You can expect that the Form N-600 processing time will take a few months. Any mistakes or omissions made in your application could delay this time period. Each USCIS field office has their own timeframe for processing the documents with a Form N-600. You can visit USCIS Processing Time Information and enter the details for your local office to learn more. Look for the “Field Office Processing Dates” and “N-600” so that you can view an estimate of your N-600 processing time.
When you file Form N-600, you might be given a receipt with a tracking number on it. This information can be used to determine the current status of your case. You can check this at https://egov.uscis.gov/casestatus/landing.do. Entering your receipt number will provide you with more information about your individual case.
Not every person who submits a Form N-600 has to go through an interview. Each case is reviewed individually to determine whether or not an interview is required. You will be contacted by USCIS is your application requires further review and action with an interview.
If you are asked to attend a From N-600 interview, you’ll need to bring all original documents of the copies sent in with your original Form N-600. If your documents are not already in English, a certified translation must be provided by you. Those applicants under age 18 must bring a parent with them to the Form N-600 interview unless the parent’s appearance was waived through USCIS.
Filing fees are not required with every application. If you are a veteran of the U.S. Armed Forces filing for yourself, you do not need to submit a filing fee. Proof of service is required with this application.
The non-refundable filing fee for any other Form N-600 application is $1,170. To determine that your filing fee is accurate upon submission, visit www.uscis.gov and select “FORMS” to review the appropriate fee before you submit your application.
If you need help determining if you qualify for U.S. citizenship through a citizen parent or if you have concerns about the N-600 Form, contact Attorney Eric Price today. He has been working in the field of immigration law for many years providing advanced and comprehensive support for a range of immigration issues. Attorney Eric Price is a former ICE prosecutor who now helps those in need of legal help for immigration purposes. Contact LA’s best immigration lawyer today.
Thousands of migrants arrived at the US-Mexico border after traveling thousands of miles from their homes in Central America. These migrants come from El Salvador, Guatemala, and Honduras.
The migrant caravan includes people from numerous countries. All of them were hoping to flee the violence and poverty of their home countries. A main goal for many of the caravan migrants at the start of the trek was to reach the US and apply for asylum.
The caravan migrants state that they are fleeing poverty, violence, and persecution in their home locations. These migrants intend to settle in the United States. These migrants maintain this position despite knowing that they will face prosecution, arrest, and deportation if they enter the U.S. illegally.
Some of the migrants in the asylum caravan say they have been extorted or threatened with gang violence. These concerns prompted their caravan and many of the families brought their children in an effort to relocate. Other migrants hope to obtain jobs to send money back to their families in other countries.
Many of the migrants in the caravan have received a lot of support from Mexican natives. However, there have also been reports of violence and issues. Some women allege that they were raped as they approached the Mexican border.
The asylum caravan was also stopped by riot police at the border between Guatemala and Mexico.
Once in Mexico, many families stepped forward to offer water, shelter, and food. Volunteers also manned efforts to drop off meals and clothes to the migrants. In Tijuana, however, the caravan encountered protestors. Typically, migrant caravans are targets for violence or human trafficking, but the large size of this group of caravan migrants has afforded them some protection.
When the caravan first arrived at the border, the US was only processing 40-100 asylum applications per day. The members of the caravan chose to protest peacefully because of this and lived in temporary shelters along border cities in Mexicali and Tijuana.
However, applying pressure via their mere presence did not appear to speed things up. As a result, the caravan members began rushing the border in large groups and even jumping the walls.
From the moment he learned of the asylum caravan, President Trump has referred to this group as an “invasion.” He sent dozens of tweets prior to the most recent elections in the U.S. Some of the comments referenced in his tweets included that “our military is waiting for you” and “many gang members and some very bad people are mixed into the caravan headed for our southern border.”
He even referenced the caravan at a rally in November, stating that voters should vote Republican unless they wanted to be overrun by masses of illegal aliens and giant caravans.
In addition to making statements, Trump also deployed 5,800 troops to the region. Their primary job as been to add wire to certain portions of the fencing along the southern border. Finally, Trump attempted to issue an order that would deny asylum to those crossing the southern border illegally, but that was blocked by a federal judge.
Some of the migrants intend to stay in wait at the southern border. Many of them are currently considering their options and next steps with the asylum caravan. Many of them started with the goal of claiming asylum after reaching US territory and intend to pursue that goal.
Anyone seeking asylum must have fled due to serious fear of persecution in their home country. These individuals, if fitting the eligibility for asylum, are known as refugees. The US has a legal obligation to hear claims from those individuals who say they fear violence in their home countries, even if that migrant enters the US illegally.
However, those attempting to flee poverty do not get the same protections.
Those in the asylum caravan could also return home. At least 7,000 Hondurans have already turned back.
The other option for these asylum seekers in the asylum caravan is to stay in Mexico. The current Mexican president has offered this as a possibility and says the asylum seekers would be offered jobs if they comply with Mexico’s laws.
Do you need help with your asylum application? Rely on the extensive experience and knowledge of attorney Eric Price. J. Eric Price previously served as the Assistant Chief Counsel for Immigration and Customs Enforcement under presidents George W. Bush and Barack Obama. He has represented more than 1,000 cases in U.S. immigration courts and brings compassion and talent to the table for those in need of immigration legal assistance. Contact LA’s best immigration attorney today for more help.
Spouse are eligible to get a green card for a U.S. citizen’s immediate relative. This is referred to as a marriage based green card and enables the immigrant spouse permanent resident status in the U.S. Some of the benefits of this green card include enabling the immigrant spouse the chance to get a driver’s license, travel in and out of the U.S., and to apply for Social Security.
When attempting to get marriage based adjustment of status, you and your spouse need to be prepared for the consular processingstages. The right green card through marriage lawyer will help you understand what to do before, during, and after this important procedure. Given the importance of this interview, you cannot afford to make mistakes, even if these are honest omissions. Plenty of practice for and knowledge about the interview will help you approach the day of with ease.
In this post, you’ll learn what forms must be submitted, how to prove that you have a valid marriage, what questions will be asked during the interview, and tips for success in the interview for your green card after marriage.
There are three phases in this process: using Form I-130 to establish the relationship, applying for a green card, and waiting for the green card interview and approval.
You’ll need multiple resources in order to get marriage based adjustment of status. This includes:
After the I-130 form is approved, the next step involves applying for a green card. A marriage based green card lawyer can help you to prepare for all of these phases and avoid common mistakes when seeking a green card after marriage.
The process does not end when conditional approval is provided. A conditional marriage-based green card is only valid for two years and cannot be renewed. An adjustment of status application must be filed through form 1-485, and the form that must be filled out depends on the spouse’s current location. Ask your adjustment of status lawyer for help.
If the spouse lives in the U.S., the next phase of the process is to file the I-485 Adjustment of Status Form.
Materials needed with this application for a green card through marriage include proof that the spouse entered on a valid visa, proof of the foreign spouse’s nationality, proof of the sponsor spouse’s financial ability to support the other spouse, a medical exam, and proof that no conviction occurred for any arrests for the spouse seeking a green card.
Items needed for this form include:
If the spouse lives outside the U.S., the process is different. The nest phase in this case is to file an application with the National Visa Center. During this stage, the spouse has to go through Consular Process with the NVC.
During this phase, the NVC organizes documents to determine whether or not the spouse is ready for an interview. Some of the important components of the filing package include:
Unfortunately, during the marriage based green card process, couples will have to be on high alert for accusations of fraud. Getting a green card through marriage is often susceptible to fraud. This means that the USCIS investigates each case carefully. Being prepared with appropriate documentation helps to show the legitimacy of the marriage.
Certain documents will help to support that the marriage is not fraudulent. This can include photos together, joint bank account statements, mortgage documents, insurance policies, or a joint lease.
Many different questions can be asked during the interview process. Make sure to practice many times before coming to the interview, but not so much that each answer sounds prepared.
Some of the most common questions include:
The more prepared you feel for the interview, the easier it will be to speak comfortably and accurately in response to the questions. Interviewers are prepared to spot red flags that could indicate fraud. The following tips will help you and your spouse when interviewing for a green card through marriage:
Whether you need help with adjustment of statusthrough marriage or other assistance with a marriage based green card, hiring the right lawyer is important.
Are you happily married and ready to make your spouse a permanent resident? If you’re interested in feeling prepared and confident for your marriage-based green card interview, schedule a consultation today. Attorney Eric Price has extensive experience with this process and can guide you through the next steps.
Consular Processing is the process by which the beneficiary of an immigration petition, for example, a relative who is a foreign national and whom you are sponsoring to come to the United States, applies for a US immigrant visa at a US consulate or embassy in their country of residence.
An individual wishing to immigrate to the United States essentially has two paths to obtain a green card:
Obtaining a green card through consular processing will involve the following steps:
The first consular processing step is for the petitioner, such as the spouse of a US citizen, to visit a US embassy or consulate abroad and file Form I-130 (Petition for Alien Relative) with USCIS and wait for its approval. This can take 6 to 12 months, depending on many different factors, including the workload that the USCIS is experiencing at the time the petition is filed.
Once the USCIS has approved Form I-130, it will be sent to the National Visa Center where it will be pre-processed. At this point, the petitioner will be required to send a number of supporting documents to the National Visa Center, including:
Preprocessing at the National Visa Center can take 90+ days to complete.
Once preprocessing has been completed by the National Visa Center and a visa number is available, the petition will be transferred to the US consulate or embassy abroad, who will review it and schedule the petitioner for an interview. This process can take an additional 90 days or longer.
If the interview goes well, all other consular processing steps have been completed, and the petition for immigrant visa has been approved, the petitioner will then be required to leave their passport with the embassy or consulate so that their visa can be placed inside of it. Finally, when the petitioner comes back to pick up his or her passport, they will be given a sealed envelope that must remain sealed and be given to the customs officer in order to gain admission to the United States.
Individuals who may need consular processing include:
Consular processing begins only after the underlying visa petition has been approved by the USCIS and a visa number becomes available. For example, after an I-130 Petition For Alien Relative has been approved by the USCIS and the visa bulletin shows that the priority date is current to obtain legal permanent residency, also known as green, status.
Because there are three different entities involved in the consular process (the USCIS, the National Visa Center, the US consulate or embassy where the petitioner will have his or her interview) the processing will take an immediate relative, such as a spouse, minor child, or parent of a US citizen, 4 to 12 months to complete. However, a person immigrating via a family preference category, such as a spouse or minor child of a permanent resident, can expect much longer consular processing time. Other factors that will influence consular processing time included how quickly the necessary supporting documents are submitted by the petitioner and how heavy the current caseload is at the USCIS.
Consular Processing may be the best option for foreign nationals who want to immigrate to the United States and do not have any other way to enter the country lawfully or who are not already in the United States on a valid visa.
Consular processing is also a great option for individuals who will need to travel outside of the United States frequently for business, work, or other reasons. One of the drawbacks of adjustment of status is that once you have filed a petition, you will not be able to travel outside of the United States while it is being processed unless you have obtained an advance parole documentfrom the USCIS.
Finally, adjustment of status takes a lot longer to complete than consular processing and has slightly higher processing fees. So, even though an adjustment of status may be less complicated, many petitioners still prefer applying for a green card through consular processing.
If you have any additional questions regarding consular processing contact Attorney Eric Price today! You may have only one chance to get it right! So, find out all you need to know about obtaining a green card through consular processing before you file.
When sponsoring a family member or spouse for a US green card, the petitioner has to meet certain income requirements in order for the US government to be sure that the beneficiary of the petition will not need public assistance once they immigrate to the United States, and if so, that the sponsor will be able to repay the US government for any income-based assistance, such as cash welfare, that is given to the beneficiary.
Form I-864, Affidavit of Support(also referred to as an Affidavit of Financial Support, or an Affidavit of Support Letter for Immigration), is a document that is legally required to be prepared, signed, and submitted by an individual (the sponsor) when petitioning for a spouse or family member (the beneficiary) to receive a US green card. By signing an Affidavit of Support, the sponsor enters into an agreement with the United States government to be financially responsible for the beneficiary once they immigrate to the United States.
In order to become a sponsor a person must meet the following criteria:
An Affidavit of Support requires the sponsor to show that their annual income is at least 125% of that which is needed to support themselves, the beneficiary, and the rest of their household, as established by the Federal Poverty Guidelines. This requirement can be met by providing, for example, proof of:
The Federal Poverty Guidelines are adjusted each year. So, it is wise to consult with an experienced immigration attorney to find out the current financial requirements for filing an Affidavit of Support.
Often, if the sponsor is a younger person, or has just started working, they will not have enough income to meet the Affidavit of Support requirements. In this situations, US immigration allows the petitioner to rely on a joint sponsor or a household member.
A joint sponsor is an individual who was not involved in initiating the immigration petition, but who wants to pledge support for the beneficiary. The joint sponsor does not replace the petitioner in the family-based visa process but files a separate Form I-864 to help the petitioner qualify under the income requirements necessary for an affidavit for a green card.
Likewise, a household member, such as a spouse, adult child, parent, or sibling to may file Form I-864a to pledge additional financial support. Moreover, if the beneficiary is the sponsor’s spouse, he or she may use their own income to meet the financial requirements, provided that this income will continue after they have immigrated to the United States.
By signing an affidavit of support, the sponsor, joint sponsor, or household member essentially makes three binding legal promises to the United States government:
Failure to comply with either of the obligations listed above may result in profound legal consequences, for instance:
Once an Affidavit of Support has been signed, the sponsor’s obligation to the beneficiary and (and to the United States government) will last until the first of one of the following five events takes place:
What’s more, in cases where the affidavit of support was signed in relation to a marriage-based green card, the sponsor’s obligation of support for the beneficiary will continue even if the couple gets divorced.
An Affidavit of Support is a binding legal contract between the person signing the document and the United States government. It is, therefore, extremely important that anyone thinking of signing an Affidavit of Support, as a sponsor, joint sponsor, or household member fully understand the consequences of doing so.
Many people sign Affidavits of Support to assist friends and family members without ever suffering financially for having done so. But, a potential sponsor needs to weigh his or her desire to help a friend or family member against the very real legal obligations that come with signing Form I-864.
If you are thinking about signing an Affidavit of Support for a spouse, family member, or friend first contact Attorney Eric Pricefor more details.
As anyone who has gone through the process will tell you, navigating any area of immigration law is not an endeavor that you will want to go through alone. There is extensive paperwork, and the requirements can often be very confusing. Many immigrants are not clear about everything required of them during the process, and this lack of information can become a barrier from being able to secure documentation. A good immigration attorney can make all the difference in a case, while a bad one can overcharge, make false promises, and affect your case negatively. Don’t let poor or insufficient legal representation be the reason you or your loved ones loses the chance to achieve their legal status in the United States. Read ahead on how to find a good immigration attorney.
A: Immigration Law covers a number of different types of cases, from those involving requests for visas and naturalization to cases related to deportation from the United States. Each of these instances requires extensive work based on the particular case. It is essential to have an attorney who understands and knows how to handle your specific case.
A: Just because an attorney practices immigration law does not mean that it is their exclusive or primary focus. Knowing how much time an attorney commits to immigration cases can be an indication of whether or not they will prioritize your case.
A: Knowing this upfront can help you figure out whether you should place your case and trust in a particular attorney’s hands. You don’t want your case to be passed off to another attorney or associate who does not understand your specific circumstances.
A: Will the attorney complete and submit all of the paperwork on your behalf? Will they oversee the other administrative work essential to your case? Will they be available to attend interviews and court hearings with you? You want to make sure that the attorney will guide you through every step of the process.
A: Talking to an attorney’s past clients can give you valuable insight into the attorney’s work and dedication.
The more experience an attorney has, the better they will know the immigration system and how it works. You want to find an attorney who knows the ins and outs of the field.
The better your attorney knows you, the better they will be able to help you. You need to be comfortable with their work style and build trust.
There are many immigration attorneys who may not be qualified to take on your case. Be sure to research their background, as you will essentially be placing your future in their hands.
Do not blindly choose an immigration lawyer based on low rates. It is better to spend extra money on a quality lawyer than to risk wasting months of a delayed or rejected application. Interview multiple immigration lawyers and compare their rates before you make a decision to see which one is the best fit.
Word-of-mouth referrals are the best to consider, as you can learn firsthand about the kind of experience others have had when working with a particular immigration attorney.
The attorney may send you a questionnaire or form asking for basic information like your full name, address, phone number, and employer’s name. Fill it out to the best of your ability and bring it with you to the meeting.
Include as many facts and details as you can remember and the names of anyone who might have information that could help your case.
For instance, your birth certificate, visa applications you’ve completed, letters from the U.S. Citizenship and Immigration Services, and any documents you were given when you entered the United States are all likely to be relevant or required as part of a future application.
This helps make sure you don’t lose or forget anything, and shows your attorney that you are serious about your case.
This can help you and your lawyer have a meaningful discussion. It is effective to have a brief understanding of your case before your meeting, because then you will have a better idea of what to ask the immigration lawyer.
There are many red flags you should look out for when searching for an immigration attorney. Try to avoid attorneys who are too eager to take your case. If they accept your case over the phone without knowing any or all of the facts, that might be a sign that they are not dedicated to their practice. Also try to avoid attorneys who guarantee 100% success, because that can be a negative sign about their intentions, as they know that you might be getting desperate and are unfamiliar with the situation. If attorneys give unethical advice and make illegal offers, do not hire them. Getting into legal trouble is the last thing you need while you are trying to immigrate to the United States.
We encourage you to schedule a free consultation with us today! Contact Attorney Eric Price to get professional assistance in your immigration matters!
The family reunification program is the visa program through which immigrants who are legal residents or green card holders can petition to have their relatives join them in the United States. Visas are granted according to the family tree, resulting in family-based migration. Some politicians refer to this process as the chain migration program, claiming that extended immigrant families can grow to the point where there is no regard for who is entering. However, there are restrictions in place to prevent the overflow that critics fear. The family reunification program is crucial in providing those separated from their loved ones with an opportunity to reunite and live together.
Immigration law offers two lanes for obtaining family based green cards. Both native-born and naturalized citizens can sponsor their immediate relatives including spouses, minor children, and parents without any annual caps. Citizens can also sponsor preference relatives or siblings and adult children (along with their spouses and grandchildren) under yearly limits. Current green card holders can sponsor their spouses, minor children, and unmarried adult children, but again, are subject to annual caps.
Sponsorship refers to the process during which the U.S. citizen or current green card holder must file a petition with Immigration Services on their relative’s behalf to document that there is a qualifying family relationship present. To obtain the family based green card, the relative must either apply outside of the U.S. for an immigration visa (which grants a green card after entry), or, if they are already in the country and eligible, they can apply to “adjust status” to a green card. This requires the family member who is the beneficiary of the petition to prove they are “admissible” to the United States as an immigrant. “Admissibility” is demonstrated through various criminal and background checks, proof of ability to support themselves, no disqualifying medical conditions, and no previous violations of immigration law.
President Trump, since he took office, has voiced his stance on and acted upon cutting back on immigration. One of the reforms that he has championed most vigorously in recent months is switching from chain migration to a system of merit-based immigration. Under this proposed system, a team of elite economic experts would analyze the types of skilled laborers corporate America needs most of and then develop admissions criteria to select for such workers. This would replace the current process of ordinary Americans selecting immigrants based on familial ties.
What started from hateful words is becoming the harsh reality as seen through Trump’s “zero-tolerance” policy and the separation of thousands of children from their parents at the border. The future of family reunification immigration is now more at risk and uncertain than ever. If you are hoping to reunite your family, you need to act as soon as possible before the window of opportunity closes and the law changes. Attorney Eric Price is here to support you through what may seem like a daunting task but can be tackled successfully with the right resources and attention.
If you have a family member who you believe might qualify for family-based immigration, reach out to a licensed attorney to guide you. There are many people who run businesses based on filling out immigration applications, but they do not have knowledge of the law. It is crucial to hire someone who possesses expert legal knowledge, because the application process can be very confusing. You only get one chance to file for a family based green card, so it must be done correctly and thoroughly the first time. Get trusted referrals, ask for references, and remember to build a relationship with your attorney.
Schedule a free consultation today! Contact Attorney Eric Price to ensure that your family won’t be adversely impacted by changes to chain migration law.
Asylum is granted to immigrants already in the United States who are unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution. The basis for political asylum are if a person will be persecuted due to their race, religion, nationality, membership in a particular social group, and political opinion. Your fear of persecution must fall under one of these categories. If you are granted asylum, you will be allowed to live and work in the United States and apply for permanent resident status one year after your application is approved.
Asylum can be “affirmative” or “defensive.” With affirmative asylum, you apply on your own initiative. With defensive asylum, you apply once you are in custody of the United States. Defensive asylum is a method to prevent your removal from the United States.
Asylum status and refugee status are closely related. They differ only in the place where a person can ask for the status; asylum must be applied for within the United States, and refugees must apply outside of the United States. Read ahead for more information on how to file for asylum.
To make the strongest case, you will want to meet with an immigration attorney who can advise you. You have the right to bring a lawyer to your asylum interview and any subsequent immigration proceedings. Asylum is a benefit that allows certain immigrants to remain lawfully in the United States for an indefinite amount of time.
To be eligible for asylum, you generally must already be physically present or arriving in the United States. You must have suffered from or had the fear of suffering from persecution based on either race, religion, nationality, membership in a particular social group, or political opinion.
For affirmative asylum, you may include your spouse and an unmarried child under the age of 21 in your application. If the child is 21 or older, they would have to apply for and be granted asylum. If you are a minor, then you may apply for asylum yourself.
You must submit an application for asylum within one year of arriving in the United States, unless there has been a material change of circumstances. For example, if your home country suddenly has a war in which your ethnic group is being targeted, then you could claim that circumstances have changed which now warrants your application for asylum.
Bars include conviction of a serious crime (which includes aggravated felonies), committing a serious nonpolitical crime outside of the United States, posing a danger to the security of the United States, and being already firmly resettled in another country before arriving in the United States.
When you submit your asylum application, you must present evidence that shows the general conditions in the country you are fleeing as well as any specific facts that you are relying on in your claim.
Along with your application, you must submit a passport-sized photo of yourself and each family member included in your application. You should also make three copies of all passports or other travel documents like arrival-departure records or other immigration documents. Any documents that corroborates your fear of returning must be included.
If you are including family members in your application, then you must submit one additional copy of the application for each family member. You also need documentary evidence that establishes the family relationship.
If you are granted asylum, you are instantly eligible to stay n the U.S as an Asylee. However, this may not happen for weeks, months, or even years. In the meantime, if you are an asylum applicant, you may be able to obtain work authorization if 150 days have passed since you filed your application and there has been no decision on your case from USCIS or the immigration judge.
Applying for asylum can be a complicated and daunting process. Having an asylum lawyer by your side can ease your stress, but also give you an increased chance of getting your application approved. A good asylum lawyer is an expert in this field, and therefore they will ensure that your application is as strong as it can possibly be. When searching for an asylum lawyer, be sure to check their credentials and ask for references, as you will be placing your trust and future in their hands. Also start building a relationship with your attorney starting from your first meeting, because the better they understand you and your circumstances, the better they will be able to help you with your specific case.
Do you think you may qualify for political asylum? Contact Eric Price today for a free consultation and let’s find out!
Receiving a deportation order from United States can be a devastating event. However, such an order does not mean your immigration case has come to an end. Depending on the circumstances of your case, there are ways to challenge a deportation order and stay in the United States. The following post will teach you how to revoke a deportation order by determining whether you have grounds to appeal or challenge the order and getting assistance from an immigration attorney.
A deportation order occurs as a result of an adverse decision entered by a judge on an immigration case. A deportation order will typically be entered after the applicant has presented his or her case in court. If you disagree with the decision of the immigration judge, you have the right to appeal to the Board of Immigration Appeals (BIA) for relief. Types of relief at this stage in the process include discretionary relief, cancellation of removal, asylum, voluntary departure, and administrative relief. To be considered, an appeal must be filled within 30 days from the date that it was issued by the court.
There must be a legitimate reason to appeal a deportation order. The bases on which an applicant may file an appeal are outlined below.
If your deportation is based on the fact that you didn’t appear at your hearing, you may file a motion to reopen to lift the in-absentia order. You will automatically and immediately get a “stay of deportation” by filing a motion to reopen the case. The stay will last at least as long as it takes the judge to determine whether or not to reopen your case. If the judge grants the motion to reopen, you can’t be deported while the case is going on.
As the name suggests, if your personal circumstances have changed since your court decision, you may be able to reopen your case. A common example of this is changed country conditions. If conditions in your home country have turned hostile and therefore you feel as if it is unsafe to return, you could be eligible to reopen your case under a changed circumstances argument.
If new information has been discovered, you might be eligible to reopen and have your case heard based on the new facts or evidence. The court will consider the new evidence in relation to the type of relief you have submitted for.
The first step in filing for an appeal is to complete a Notice of Appeal (Form EOIR-26) and provide a copy of it to the attorney who represented the United States government at your hearings. You must advise the Board of Immigration Appeals (BIA) that you did this by including a “Proof of Service.” Form EOIR-26 asks you whether you plan to file an additional written brief or statement later, and it is highly recommended that you do so with your attorney’s assistance. There is a filing fee of $110.00 that must be paid by a check with your name and alien number on it made out to “United States Department of Justice.” After receiving your Notice of Appeal, BIA will send you a deadline for submitting your brief.
Working towards getting a revocation of your deportation order requires adherence to strict deadlines and expert knowledge of the inner-workings of the law. It is extremely important to hire an immigration attorney who is educated on how to appeal a deportation order, because not only can the process be difficult and complex, but it can also result in your removal from the United States. Check credentials and get reliable references before hiring, and be sure to develop a relationship with your attorney!
We encourage you to schedule a free consultation today! Contact Attorney Eric Price to get professional assistance in stopping your deportation order!
A sanctuary city or state is a jurisdiction wherein by law, state funds are reserved for state affairs and not used to enforce federal immigration laws. The power to regulate immigration is reserved to the federal government, as such sanctuary laws specify how state institutions, like the police force and the courts will act when dealing with a non-citizen and the extent of federal collaboration in immigration matters. When referring to a sanctuary city or sanctuary state many individuals automatically assume it means that within those jurisdictions it creates safe cities for illegal immigrants with criminal backgrounds. However, this is far from what a sanctuary city or state means. Immigration sanctuary cities or states refer to jurisdictions wherein by law, state funds are not used to enforce federal immigration laws.
Every immigration sanctuary city or sanctuary state works within their own set of laws, as established by their jurisdictions. However, generally sanctuary cities in the U.S. allow for general detention of a non-citizen to the full extent of the state laws, but will refrain from dealing with immigration related matters. For example, a non-citizen is passing through a DUI-checkpoint where police are stopping drivers to check for signs of intoxication. A non-citizen, if stopped, in this scenario will be asked the same questions as any other driver and no inquiry will be made into their legal status. The police and courts in general would treat all individuals in their cities and states equally before the law without regard to immigration status. In effect, the sanctuary city in the U.S. would create a safe-space for immigrants to live, as opposed to a place where individuals will be targeted for being immigrants.
Immigration sanctuary cities and states bring about many benefits, not only for non-citizens but for the jurisdictions and their residents. Sanctuary laws prevent undocumented individuals and their mixed status families from going underground, shielding cooperation with law enforcement and our state’s institutions as a whole. To foster a safe environment of collaboration and cooperation within the state’s institutions creates a safer and more functioning society.
Immigration sanctuary cities benefit the police force as they can focus their work only on enforcing state laws and not the federal immigration laws. This creates an atmosphere of trust and cooperation within society and fosters an environment of participation as it creates a safe-space for non-citizens.
The city benefits from sanctuary laws in many ways. There are studies that show that immigration sanctuary cities have less crime. Additionally, because sanctuary cities in the U.S. foster an environment of less targeting of non-citizens, it eliminates that element of hiding and living under the shadows, creating a larger work force and in effect a stronger economy.
The benefits for non-citizens are immense when they live in a sanctuary city or state. Because the state focuses on state-affairs, it removes that element of immigration enforcement and creates a safer society for immigrants. The fear of being profiled and targeted is less as non-citizens participate in state affairs freely.
The Trump administration is vehemently opposed to Sanctuary cities and state’s like California. In the past, the Trump administration has threatened sanctuary cities in the U.S and states with stripping federal funding. Although the courts have disagreed with placing a contingency on providing federal funds to immigration sanctuary cities, they have not stopped there. The Trump administration is currently suing the state of California for establishing a sanctuary state attempting the abridge the powers of the state and their rights. Their goal is to deport all immigrants without regards to enforcement priorities, and Sanctuary cities in the U.S. are a barrier to that plan.