Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. The attorneys at R&C Law group can provide with the best representation depending on your specific case.
Asylum and refugee status are special legal protections available to people who have left their home country for their own safety and are afraid to return. The basis for asylum is to have fear that you will be harmed based on their race, religion, nationality, political opinion, or membership in a particular social group. If you are granted asylum, you will be allowed to stay in the United States and apply for adjustment of status to obtain a green card.
Asylum could be defensive or affirmative. Affirmative is when you apply with the Immigration service, and the defensive is when you apply once you are in removal proceedings.
Family Based Petitions: To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status.
The family petitions can be submitted either in the United States or in the country where the family member is located, this depends on the classification.
Currently, a U.S. Citizen can file a Petition to immigrate to the United States to the following family members:
• Children (unmarried and under 21)
• Sons and daughters (married and/or 21 or over
• Parents, if you are 21 or over
• Siblings, if you are 21 or over.
Employment based Petitions: To be considered for an immigrant visa under some of the employment-based categories below, the applicant’s prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.)
WAIVERS OF INADMISSIBILITY
If you qualify for a visa or cancellation of removal, but are inadmissible to the U.S., you will need to apply for a waiver of inadmissibility. If a waiver is granted, you will be able to proceed with your case and seek the relief for which you qualify (Permanent Residence). Depending on your case, you will need to show that you merit a waiver based on a number of factors. These factors include, but are not limited to:
• Rehabilitation from past criminal activity
• Extreme hardship to a U.S. citizen/LPR spouse, fiancé(e), parent, or child
• Poor country conditions in your native country
• Medical results
• Humanitarian, public interest, or family unity
Temporary Protected Status is a special status that gives protection to individuals of certain countries due to the conditions of that country. Persons with TPS has employment authorization and cannot be removed from the United States for the duration of the status. The countries currently designated for TPS are: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, Syria, Yemen.
it is a deferred action for the “dreamers” or people who came to the United States before the 16th birthday and are in school or have graduated in high school in the United States.
for battered spouses, children and parents of U.S. Citizens or Legal Permanent Residents. The beneficiary can obtain immigrant visa or green card and may petition for himself/herself without the abuser’s knowledge. This This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
U-VISA OR VISA FOR VICTIMS OF A CRIME IN THE UNITED STATES
victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. U visa holders may apply for employment authorization and after 3 years, are eligible to apply for adjustment of status.
Our attorneys and staff speak English and Spanish. Our office is in Coral Gables, Florida. To schedule your initial case evaluation with an immigration attorney, call us at 305-900-2046. You can also contact us online.