Attorney Eric Price
Shares

Category Archives for Immigration

What is an Asylum Caravan?

  • a couple of weeks ago
Shares

The Central American Asylum Caravan

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.

What Do They Want?

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.

How Have They Been Treated Along the Way?

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.

What Happened Once They Arrived at the Mexican Border?

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.

How Has Trump Responded?

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.

What Are the Migrant’s Other Options?

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.

Contact Attorney Eric Price Today!

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.

 

 

 

How to Get a Green Card Through Marriage

  • a couple of weeks ago
Shares

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.

Filing the I-130 Petition for Alien Relative Form

You’ll need multiple resources in order to get marriage based adjustment of status. This includes:

  • Petition for Alien Relative (I-130 form)
  • Medical Examination Results (I-693 form)
  • Application to Register Permanent Residence (I-485)
  • Affidavit of Support (I-864 form)
  • Biographic Information (G-325A form)
  • All pieces of supporting evidence
  • Government filing fee

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.

Applying for Lawful Permanent Resident Status (Green Card)

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.

Green Card Applicants That Live in the U.S.

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:

  • Government filing fees
  • Proof of nationality
  • Proof of lawful U.S. entry
  • Medical exam
  • Proof of sponsoring spouse’s financial ability to support

Green Card Applicants That Live Outside the U.S.

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:

  • Government filing fees
  • Form DS-260 (online green card application)
  • Nationality proof
  • Police clearance certificate

Proving a Legitimate Marriage

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.

What Questions Will They Ask at the Marriage-Based Green Card Interview?

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:

  • How long did you date before deciding to get married?
  • Where did you get married?
  • What do you both enjoy for breakfast?
  • Who does what chores in the house?
  • Where do guests sleep in your house?
  • What color is your sofa?
  • Which door do you most commonly use to enter the home?
  • Who cooks most of the meals? What foods do you both enjoy?
  • Have you met one another’s families?
  • What did you spouse get you for your last birthday?
  • What hobbies do you share?
  • How long have you known each other?
  • Who pays what bills in the relationship?
  • How did you meet?

Tips for the Marriage-Based Green Card Interview

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:

  • Wear professional clothing, which helps to show that you take this process seriously
  • Show up at least 30 minutes early
  • Arrive with plenty of practice with the interview questions already completed beforehand
  • Remain calm even if a question is confusing of if you are separated from your spouse during the interview process
  • Be honest if you do not know the answer to a particular question
  • Do not recite memorized facts. Even if these statements are accurate, it appears that you have canned answers.
  • Act normally, and don’t try to be too affectionate with your spouse during the interview

Whether you need help with adjustment of statusthrough marriage or other assistance with a marriage based green card, hiring the right lawyer is important.

Contact Attorney Eric Price Today!

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.

What is Consular Processing?

  • last month
Shares

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.

Consular Processing vs. Adjustment of Status

An individual wishing to immigrate to the United States essentially has two paths to obtain a green card:

  1. An individual who is the beneficiary of an approved immigrant visa petition and who already has an immigrant visa number may apply for a green card at a United States consulate abroad. This is called consular processing.
  2. An eligible person who is already inside the United States can apply for a green card without having to return to their own country to complete the process. This is called adjustment of status.

The Consular Processing Process

Obtaining a green card through consular processing will involve the following steps:

Step #1 – Filing Form I-130

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.

Step #2 – Preprocessing at the National Visa Center

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:

  • A Police report
  • Military records
  • Court and prison records
  • The confirmation page from Form DS 260 (Immigrant Visa Electronic Application)
  • A signed and completed Form I-864 (Affidavit of Support) with supporting documentation
  • Birth certificates
  • Marriage certificates
  • Divorce records, etc.

Preprocessing at the National Visa Center can take 90+ days to complete.

Step #3 – Interviewing at US Embassy or Consulate

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.

Step #4 – Receiving The Visa

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.

Common Consular Process Questions

1. Who May Need Consular Processing?

Individuals who may need consular processing include:

  • Persons outside of the US; and
  • Individuals who are inside of the US, but who prefer processing at a US embassy or consulate for either:
  • Convenience;
  • Planned reasons; or
  • Because they are not able to adjust their status in the US due to inadmissibility issues, for example, because they enter the US illegally.

2. When Does Consular Processing Actually Begin?

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.

3. What is the Timeframe For Consular Processing?

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.

4. What Benefits Does Consular Processing Offer Over An Adjustment of Status?

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.

Contact Attorney Eric Price Today!

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.

 

 

What is an Affidavit of Support?

  • last month
Shares

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.

What Are The Requirements to Become a Sponsor?

In order to become a sponsor a person must meet the following criteria:

  1. Be a US citizen or lawful permanent resident (green card holder)
  2. Be at least 18 years of age
  3. Reside in the United States

Income Requirements for Sponsors

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:

  1. Income
  2. Cash
  3. Property
  4. Stocks and Bonds
  5. Other assets

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.

What if The Sponsor Can’t Meet The Income Requirements?

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.

What Are The Obligations of The Sponsor?

By signing an affidavit of support, the sponsor, joint sponsor, or household member essentially makes three binding legal promises to the United States government:

  1. If the beneficiary of the visa petition becomes unable to maintain themselves financially, the sponsor will provide them with the necessary financial support.
  2. To reimburse the United States government for the cost of any means-tested benefits paid to the immigrant, such as cash welfare payments.
  3. To update the US government of any change in their address within 30 days of moving by filing form I-864W.

Failure to comply with either of the obligations listed above may result in profound legal consequences, for instance:

  1. If the beneficiary is entitled to support and the sponsor fails to provide this support, he or she can sue the sponsor. If sued, the sponsor will also be required to pay the full cost of the lawsuit, including the beneficiary’s attorney’s fees, which can easily exceed the actual financial liability for support.
  2. If the beneficiary receives any public benefits from a government agency, the sponsor can be sued by that government agency to recover the costs.
  3. If the sponsor moves and form I-864W is not filed properly, he or she can be fined up to $5000.

How Long Does The Sponsorship Last?

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:

  1. The beneficiary becomes a US citizen
  2. The beneficiary is credited with 40 quarters of work
  3. The beneficiary is no longer a public resident and has left the country
  4. The beneficiary has been deported and has returned to seek residence under a different I-864
  5. Either the beneficiary or the sponsor dies

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.

Contact Attorney Eric Price Today!

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.

Can Permanent Residents Sponsor Family Members to the U.S.?

  • last month
Shares

You may have heard that some politicians are lobbying to stop or reduce family-based immigration to the United States so that green card holders and even U.S. citizens will no longer be able to sponsor foreign relatives for permanent residency or citizenship in the United States. This, however, is still only a proposal and the future of family-sponsored immigration to the United States is not set.

Only the U.S. Congress can change U.S. immigration law and, so far, both U.S. citizens and green card holders can still sponsor certain family members to receive green cards and non-immigrant visas to come to the United States. This article presents a short overview of U.S. immigration law as it pertains to a lawful permanent resident’s ability to sponsor a family member to come to the United States.

Green Card vs. Non-Immigrant Visa

At this point, it is very important to clarify the difference between a green card and a non-immigrant visa. The primary differences between the two are as follows:

A green card, often referred to as an immigrant visa, permits a foreign national to travel to the United States to live and work permanently.

A non-immigrant visa allows a foreign national to travel to the United States and stay for a temporary period of time only and for a specific purpose, in this case, to visit or reunite with family. Non-immigrant visas are also appropriate for people wishing to engage in:

  • U.S. trade
  • Tourism
  • Study at a U.S. institution of higher learning.
  • Work at a U.S. company
  • Or to pursue other goals in the United States for a temporary period of time.

In many cases, obtaining a non-immigrant visa is also the first step for a person who wants a green card and ultimately U.S. citizenship.

Who Can You Help Immigrate?

The U.S. Congress recognizes the importance of family reunification by allowing certain foreign nationals to qualify for a visa to come to the United States based on their relationships to a U.S. citizen or lawful permanent resident (LPR). As such, an LPR, also known as a green card holder, may petition for certain family members to immigrate to the United States as permanent residents.

If you are an LPR, you may petition for the following members of your family to receive immigrant visas to come live and work in the United States as well:

  • A spouse.
  • Your unmarried children (under the age of 21).
  • Your unmarried children over the age of 21.
  • In addition, the immediate family members (i.e., spouses and minor children) of the qualifying family member are permitted to immigrate as well.

Unlike U.S. citizens, LPRs can neither sponsor parents for green cards nor their siblings. Furthermore, at this point in time, there are no family-based immigrant visa categories available for the family members of an LPR.

What’s the Family Based Visa/Green Card Process?

Whether you want to sponsor a spouse or child, and whether that person is already inside the U.S. or still in their home country, the first step in the family-based visa/green card process is to file INS Form I-130 (Petition For Alien Relative) with the United States Citizenship and Immigration Services (USCIS).

This will also require you to submit certain supporting documents, such as proof of your status as a lawful permanent resident, as well as, your family member’s birth certificate, marriage certificate, passport, photographs, and other documents needed to establish the relationship between you and the family member and their eligibility for a family-based visa. Furthermore, any document that is not in English must be accompanied by a certified English translation.

Family Based Immigration Processing Times

The processing time for the I-130 petition will depend on the relationship between you and the family member you are sponsoring, whether or not the petition was prepared fully and accurately, and the USCIS’s current caseload. This can range from 12 months for spouses and minor children to several years for unmarried adult children of an LPR.

In addition, the number of visas available for family members of lawful permanent residents is subject to annual numerical limits, currently 114,200 per year. Because of this, even after your I-30 petition has been approved, the amount of time your sponsored family member will have to wait to receive a visa number to apply to come the United States can be very long.

These wait times are listed in the U.S. Department of State’s Visa Bulletin and will range from 18 months for the spouse of an LPR to 22 years for a sibling of an LPR who is from Mexico or the Philippines.

In some cases, a family member, such as a wife or child, who is already in the U.S. can remain in the country and wait for a visa or an adjustment of status. In other cases, they will need to remain in their home country and apply for an immigrant visa at a local U.S. embassy or consulate.

A Family Member of Mine Might Qualify. What Next?

If you have a family member that might qualify for a family-based green card, the first thing you should do is consult with an experienced immigration attorney. Immigration law can be very complex and confusing and it is very easy for an applicant to check the wrong box or submit the wrong information. But, any information you submit to the United States government needs to be honest, accurate, and correct, in order for your petition to succeed.

What’s more, every piece of information you submit to the government creates a record that can be very difficult or impossible to correct when mistakes have been made. Having an experienced attorney to assist you will help you avoid mistakes that can negatively affect your ability to sponsor the family member that you want to bring to the United States.

That being said, here are 3 things to keep in mind when selecting an immigration attorney to assist you:

  1. Don’t rush to find an immigration attorney. Unless you are nearing a statutory deadline, take the time to find the best immigration attorney for your case.
  2. Talk to several immigration attorneys. Most immigration attorneys offer a free consultation.
  3. Don’t base your selection on the attorney’s fee alone. It’s better to work with an attorney who charges a higher fee, but who has a proven track record and will keep you updated, than with one who will charge less, but has limited experience and will communicate with you poorly.

With these three things in mind, you will be better prepared to choose an immigration attorney that has the most expertise and will do the best job for you. Once you are ready to discuss your case with an expert immigration attorney, consider contacting Attorney Eric Price for a free consultation.

Contact Attorney Eric Price Today!

Family-based immigrant visas are extremely useful for lawful permanent residents of the U.S. who want to reunite their families. The closeness of your relationship with the family member will determine if you can sponsor them to come to the United States and how long it will take for them to obtain a family-based immigrant visa.

Contact Attorney Eric Price to schedule a free consultation today! Learn how you can sponsor an eligible relative for permanent residence in the United States and exactly how he can assist you throughout the process.

How to Stop or Appeal a Deportation Order

  • 6 months ago
Shares

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.

What is the Deportation Order Process?

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.

Determining if You Can Appeal

There must be a legitimate reason to appeal a deportation order. The bases on which an applicant may file an appeal are outlined below.

Motion to Reopen in Absentia Decision

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.

Motion to Reopen due to Changed Circumstances

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.

New Facts or Evidence

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.

How to File an Appeal

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.

Get Help from an Immigration Lawyer

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!

Contact Attorney Eric Price Today!

We encourage you to schedule a free consultation today! Contact Attorney Eric Price to get professional assistance in stopping your deportation order!

What is Immigration Detention?

  • 7 months ago
Shares

Immigration Detention is the process by which a non-citizen is identified, apprehended and processed into immigration custody through the restriction of their liberty.

Immigration detention in the U.S. stems back to the First World War where Ellis Island was used as an immigration detention center due to the influx of immigrants into the U.S. Notably, the U.S. also used internment camps at the height of the Second World War to detain Japanese- American in less than desirable immigration detention center conditions.

However, the birth of what are immigration detention centers currently began in the 1980’s during the migration of Cubans and Haitians to the U.S. Currently, ICE immigration detention and immigration centers have risen dramatically.

Subject to some discretion, the immigration laws call for mandatory detention of all arriving non-immigrants into the country, consequently leading to higher rates of ICE immigration detention and the proliferation of more detention centers.

Due to the growing violence in Mexico and Central America, immigration into the U.S. is on the rise. As a result, immigration detention centers are used to house the influx of immigrants and process their immigration cases.

What to Expect When Being Detained at an Immigration Detention Center

A non-citizen must know what to expect when subjected to ICE immigration detention within an immigration detention center. What are immigration detention centers like?

First, it is important to know that women and men are housed separately to adapt to the non-citizen’s gender specific needs within the immigration detention center conditions. An immigration detention center is similar to, if not equal to the conditions of a jail or prison.

Detainees are often times separated into violent and non-violent offenders within the immigration detention center for the security and protection of all housed in the facility. The length of detention of each detainee within the facility varies, depending on the fact-specific circumstances surrounding the individuals case.

The immigration detention center conditions are often times reported as sub-par although it fluctuates from facility to facility, however, there have been reported violations of detainee’s rights.

Detainees must report any issues within the immigration detention center including access to medical care, children’s needs, injuries at the detention center, violence and any other relevant concerns.

Immigration detention centers should grant detainees access to counsel and visitation rights for family members, however all facilities have their own rules and regulations, as such, information on the specific immigration detention center must be reviewed on a facility by facility basis.

What to Do if You Are Sent to Immigration Detention

When an individual is in ICE immigration detention the first step is to know your rights. Most of the steps to protect yourself must be taken before arriving at the immigration detention center.

First, while being processed to go into an immigration detention center, you have the right to remain silent and assert your right to counsel. When you are in ICE immigration detention you should seek counsel to analyze your case and determine what your rights are while in ICE immigration detention.

This is particularly important as it will determine if you have the right to a bond with ICE or a bond hearing before the Immigration Judge. To be able to apply for a bond is key to the strategy behind the immigration case as a whole, as it guarantees, if granted, that the individual will not be subject to what are immigration detention center prolonged detention times.

If you do not have the right to a bond, you must complete your case within the immigration detention center before an Immigration Judge under immigration detention center conditions.