We Are Your Immigration lawyer, Serving: Orange County - Riverside County - (including the Coachella Valley) - San Bernadino County - Los Angeles County
We defend in Removals, Deportation, and Bond Cases and we will go with you and Represent You before:
The Asylum Officer
Immigration Court hearings before the Immigration Judge
I.C.E. in Bond Cases
We will represent you in Appeals To the Board of Immigration Appeals (B.I.A.). We will represent you in your appeal to the U.S. Ninth Circuit Court of Appeals.
We do Motions to Reopen. We prepare, file and represent in Family petitions, Adjustment of Status, Waivers in the U.S. and Ciudad Juarez as well as other countries in Latin America. We prepare and represent you in Citizenship cases, green card renewals, work permit renewals.
We can also obtain your F.B.I. criminal and California criminal records as well as your F.O.I.A. with several of the D.H.S. agencies and offices including I.C.E., C.B.P., U.S.C.I.S., AND E.O.I.R.
FAQ: Immigration Court
Not all immigrants are eligible for release from detention. Depending on your immigration status and/or criminal record, you may be subject to mandatory detention (INA§236(C)). If you are not eligible for bond, you will have to fight your removal from inside immigration detention but in California you can revisit the issue of release on bond under Rodriguez v. Robbins, 804 F.3d 1060, 1073 (9th Cir. 2015). Under Rodriguez, the Government at the Bond hearing after six months of detention must show by clear and convincing evidence that the detained person posses a danger to the public or is a flight risk. If the Government fails to meet their burden, the the Immigration Judge must release the detainee.
Your first date to see the immigration judge is usually scheduled after you receive your NTA. It may be weeks or months before you receive an Immigration Court hearing notice. Your first appearances before an immigration judge are known as the Master Calendar Hearings. These court appearances are usually very brief and are used by the court to take the pleadings, to decide if you are removable, and to identify the relief from removal you are eligible to apply for. A judge may have many cases scheduled for the master calendar day. If you file an application for relief such as cancellation of removal for certain non permanent residents (42B application) or a 42A application for certain Legal Permanent Residents), adjustment of status, or asylum, your case will be adjourned and set for a full hearing on the merits of your application to decide whether you are eligible for the relief sought. This is also called the Individual Hearing.
Asylum is a form of relief given to persons who have a “well founded fear” of returning to their country for certain reasons based on protected grounds. Asylum applicants must establish that they fear persecution from the government in their home country. Second, applicants must prove that they would be persecuted on account of at least one of five protected grounds: race, religion, nationality, political opinion, or particular social group.
Withholding of removal is very similar to asylum but much harder to get. Whereas asylum requires that you show a possibility of persecution, withholding requires that you show a probability of persecution. When the judge grants withholding of removal, he actually orders your removal but then orders that the removal be withheld until such time that it is safe for you to return to your country of citizenship.
At the hearing, you will have an opportunity to prove that you meet the requirements for the relief you have applied for. You will be able to submit documents and present witnesses to prove your claims. The type of evidence you will need to present to the judge will depend on the type of relief you are seeking.
If you have no ability to remain in the United States, you should seriously consider requesting voluntary departure (VD) especially if you have a viable form of relief in the future. The advantage of voluntary departure is that you will not have a removal order against you. This is important if you ever hope to return to the United States legally. If you are ordered removed, you will be barred from returning to the United States for a number of years. With voluntary departure, you may be able to return legally much sooner. If you have been in the United States illegally for more than 180 days, however, voluntary departure may not help you re-enter the United States as you may have accrued “Unlawful Presence” which can result in a 3 year or ten year bar.
If you do not depart when required, the order of voluntary departure automatically becomes an order of deportation. If you are later apprehended by ICE, they can simply deport you as you will have no right to see a judge. A voluntary departure order is much harder to reopen than a regular removal order. Therefore, you should carefully consider whether it is better to take voluntary departure or an order of removal.
If you overstay your visa or have entered the United States without inspection on or after April 1, 1997, generally you will begin to accrue “unlawful presence.” Once you have accrued 180 days of unlawful presence, you will be subject to a three year bar to admission from the U.S. If you accrue one year or more of unlawful presence you will be subject to a ten year bar to admission. This means that if you leave the United States and then attempt to reenter lawfully, you will not be allowed to do so for three or ten years. This can be a problem if you want to adjust your status to become a lawful permanent resident within the United States. Note that unlawful presence does not begin to accrue until after you turn 18 years old.
The Board of Immigration Appeals (B.I.A.) reviews the decisions made by the Immigration Judge. The BIA is located in Virginia and almost all of the proceedings before it are conducted on paper without a hearing. The BIA has very strict rules procedure rules on filing the appeal. Failure to follow these rules may result in your appeal being dismissed. Filing Deadlines/Extensions: Both you and the government have the right to appeal the decisions of the immigration judge. To appeal, you must file a Notice of Appeal with the BIA. The notice must be received by the BIA within 30 days of the judge’s decision, the notice of appeal must actually be received in the clerk’s office of the the BIA by the 30 day. If it arrives even one day late, the appeal will be dismissed.
The BIA can take several months or even years to make a decision. Appeals involving detainees generally move more quickly.
If you illegally re-enter the United States after having been ordered removed and you are redetained, you may be subject to criminal prosecution and prison for as much as twenty years depending on the basis of the original removal order. You will not have a right to see an Immigration Judge. If you claim fear of returning to your Country afer Removal and are now detained after illegal reentry, you may be given “Wilthholding of Removal Only Proceedings.”
United States Citizenship and Immigration Services - http://www.uscis.gov: This web site has links to the Immigration and Nationality Act and Code of Federal Regulations. Executive Office for Immigration Review - http://www.usdoj.gov/eoir/: Contains a virtual law library with all of the precedent BIA decisions as well as links to important federal court cases.
FAQ: U Visa
U Visa is an immigration benefit for victims of certain crimes. You may qualify for a U Visa if:
• You have been a victim of a qualified crime (e.g. domestic violence, incest, rape,
stalking, sexual assault)
• You cooperated with the authorities in the investigation of the crime
• You suffered emotional or physical harm USCIS grants you a waiver of inadmissibility
for criminal or immigration violations
You can include your children under 21 and your spouse depending upon when you get married, as long as they are not the abusers. If you are under 21, you can include your spouse, children, parents and siblings under 18.
Some of the benefits of a U Visa include:
• Legal status and protection from deportation
• Work Permit
• Eligibility to apply for permanent residency after 3 years
• Eligibility for CalWorks, Food Stamps and Medical after receiving the U Visa receipt notice
There are only 10,000 U Visas available per year and well over 10,000 people apply each year. In the past, USCIS was able to process U Visa cases within a year, but due to the increased volume of applications they are now taking over three years. Therefore, someone who applies today will likely be waiting for at least three years and there is nothing that can be done to expedite this process.
Once USCIS processes your case, they will put you on a wait list and grant you a work permit that lasts two years while you wait for your visa. It is likely that you will have to renew your work permit at least two times while you are on the wait list. The wait period can be longer or shorter depending on the resources that USCIS has, in the past we have only seen the wait time increase.
No. You may not travel outside of the U.S. while on the wait list. If you leave the country while on the wait-list you will not be able to return to the U.S. until your U Visa is approved, this can be many years.
When USCIS approves your case, you will receive a work permit valid for four years but you may not use it to reenter the country. It is not recommended, however you may travel with approval from USCIS but first, you must file and obtain approval by filing for Advance Parole. If you plan to travel while on U-Nonimmigrant Status, you should contact an immigration attorney before leaving the country as this can cause serious repercussions in your case.
The U Visa application is done completely by mail. The U Visa process is confidential and USCIS will make a decision solely on the documents that you include in your application. USCIS will not contact your abuser, or anyone else to discuss your case, nor will a new criminal case be initiated against the abuser.
Up until now, D.H.S. has stated that they do not intend to refer to ICE, people who have not been approved for a U Visa.
After having your U Visa for three years, you can apply to become a resident and you must apply before your U Visa expires.
After being a resident for at least five years, you can apply to become a United States citizen.
Immigration and Customs Enforcement (ICE). Negative contact includes but is not
• driving under the influence of alcohol or drugs;
• driving without a license;
• not paying tickets for crimes; and infractions
• not paying tickets for infractions.
• Any negative contact with police can affect your U-Visa case.
• Avoid contact with immigration officials but if you cannot avoid it, remember your rights.
• ICE’s job is to determine whether someone is in the country without authorization—since
they cannot make a determination by simply looking at you, they will ask you questions.
• ICE will use this information to more easily process your deportation. You have the right
to remain silent; you only need to provide your name but you do not need to answer any questions.
• If officers come to your home, you have the right to not open the door unless they have a
• Do not consent to a search of your person, car or home unless they can show you a
• You also have the right to have an attorney if ICE wants to interrogate you, so you should
always request one and never sign any documents without consulting an attorney first.