Home » Deportation (Page 2)
Category Archives: Deportation
Asylum Seekers and Undocumented Immigrants Held in Detention Centers
An immigration policy that allowed asylum seekers to be released pending a hearing before an immigration judge is about to end. The policy, sometimes referred to as catch and release, allowed immigration officials to release asylum seekers into the United States and sometimes track them using ankle monitors until their hearings.
This policy was mainly put in place in response to the shortage in suitable places to hold asylum seekers waiting for hearings. Critics of the policy argued that it made the immigration problem worse because people who were released could simply disappear into society and not reappear for hearings or be otherwise tracked.
Ending the policy now and seeking to detain all asylum seekers as they come into the United States while they wait for a hearing could mean longer detention times for the asylum seekers. Currently, immigration detention centers are often overcrowded, and the conditions are not ideal. Adding more people into the detention system may make these problematic conditions worse than they already are. Asylum seekers have rights that should be honored even in detention, although sometimes this does not happen.
If your loved one is held in a detention center, you can try and locate him or her using the detainee locator on the Immigration and Customs Enforcement (ICE) website. You can also speak to immigration officials and try to get into contact with the detained person. In communicating with immigration officials, you should be careful about what information you provide, as it may be used against the detained person. Even something as simple as providing the person’s country of origin and information on what they are doing the United States can make matters worse for the detainee. Ensuring that the detained person has an experienced attorney could be the best help you can give him or her.
An immigrant held in a detention center can be released if a judge grants the asylum claim or otherwise allows his or her release. Immigration officials may also offer to release the detained person if he signs paperwork for voluntary departure. However, signing these forms can mean that the detained person, who may have a good legal claim for asylum, loses that opportunity and has to leave the country.
Bond is sometimes available for some detained immigrants, and if they can pay the bond, they can wait for their hearing without being in a detention center. If the detainee has been convicted of a criminal offense, bond may not be possible in their case. This is especially true if the convictions are for aggravated felonies involving violence or for drug crimes.
Contact an Experienced Immigration Attorney
If someone you know is detained and waiting for an immigration hearing, it is important that they be represented by an attorney during this hearing. Having an attorney during a hearing for an asylum claim or during an appeal increases the applicant’s chances of being granted asylum. For legal assistance, contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
Making a Plan for Your Children in Case You are Deported
When you are an undocumented immigrant living in the United States, you may live in constant fear of deportation and wonder what will happen to your family if you are separated. This fear can be increased if you have minor children and you are the only parent they have to take care of them. While you cannot predict when you will be deported, you can come up with a plan to give you more control over what happens to your children if you are deported.
In California, the parents of a minor child can grant another person the power of attorney over that child by completing a Caregiver’s Authorization Affidavit. This person can be named as the child’s caregiver and be allowed to make legal decisions on behalf of the child. After filing paperwork with a court, the caregiver can enroll the child in school as well as make medical decisions for the child.
This arrangement is not adoption, and the parent does not give up parental rights to the child. If you have someone you trust who is legally in the country and who would be willing to care for your children if you were deported, you should talk to them and decide how they would care for your child.
If you sign a power of attorney or a Caregiver’s Authorization Affidavit granting rights to make decisions for your child to another person, you can cancel it at any time. You also do not have to make the power of attorney immediate, you can have your lawyer write the documents in such a way that it becomes effective if you are deported or if something else happens to you, and you are unable to take care of your children.
You can choose to arrange for your children to join you in your home country once you are deported, but if you want them to remain in the United States, and your children are U.S. citizens or otherwise legally in the country, you may have to make more permanent arrangements for their custody. You can discuss your options with an attorney in order to make the best choice for your family.
Keep in mind that a power of attorney can give the person you grant it to a wide range of authority. You can give the person the right to sell your house, business, and take care of your other financial matters to wrap up your affairs in the United States if you do not anticipate returning after some time. You can also give a different person the power of attorney over your financial matters than the one who will care for your children. You may want to make sure they can work together so that your children have everything they will need in terms of food, clothing, shelter, and other basic needs in your absence.
Contact Us for Legal Assistance
For more information on how you can put together a plan to take care of your children in case you are deported, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
Denial of Entry into the United States Despite Valid Visa or Immigration Status
The executive order on immigration signed by President Trump on January 27, 2017, affected many immigrants headed to the United States from seven particular countries, until a temporary pause was placed on it by a federal judge. This nationwide pause was upheld on appeal on February 4, 2017, and immigrants from the seven countries are now allowed to continue coming to the United States as further appeals are made to higher courts. The confusion caused by the executive order raised the question of what discretion United States customs and border protection agents have to refuse entry to travelers who have valid visas previously issued through the Department of State.
United States customs and border protection agents have to follow the policies and rules issued under law and through executive orders. Therefore, if the ban on the president’s executive order is lifted, these agents will again follow the language of that order. However, with or without the executive order, United States customs and border protection agents have broad powers to conduct searches and conduct inquiries of the people seeking to enter the country.
United States customs and border protection agents also have discretion when admitting people into the country, and in some cases they can refuse a person entry despite the person’s possession of a valid visa. Denial of entry usually happens for reasons such as possession of improper travel documents, stated travel activities that do not match those given for the visa application, smuggling prohibited items, and a history of criminal activity or immigration violations. A person who holds an expired visa will also be denied entry under that visa.
A nonimmigrant travelling to the United States who is refused entry and has his visa cancelled at the port of entry is usually limited in the way he can appeal the denial of entry. Denial of entry usually results in the person being returned to his home country, where he can try to get another visa through the United States embassy there. Immigrants with valid green cards, and who have not been away from the Unites States for long periods of time, have more avenues to seek an appeal of denial of entry based on a United States customs and border protection agent’s discretion.
The ultimate validity of the executive order on immigration is unknown at this time, and may keep changing until the case is heard before the United States Supreme Court. In the meantime, people with valid visas to travel to the United States should make plans to travel as soon as possible in case the executive order’s ban is reinstated.
Contact Us for Legal Assistance
Any green card holder who was detained under the Executive Order and signed paperwork unknowingly, relinquishing his or her green card status can challenge the loss of rights, especially if the green card holder signed paperwork following false representation by border agents. For more information on what rights you have to challenge cancelled visas or a loss of lawful permanent resident status, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.
A Green Card Does Not Always Prevent Deportation
Getting a permanent residency card can signal a new beginning for many immigrants seeking to settle in the United States. It sometimes takes years to get through the application process and can be expensive, depending on the circumstances of the applicant. Unfortunately, while legal or lawful permanent residency guarantees more for immigrants in the country, it is not a guarantee against deportation. In some instances, even legal permanent residents can be deported.
A person who is granted lawful permanent residency is allowed to live and work in the United States permanently. A person can become a lawful permanent resident through an application by an eligible family member, a job, as an asylum seeker or refugee, and through a few other special categories. Some applicants receive conditional permanent residency, for example if applying through marriage. After some time, the conditional status can be removed. Once permanent residency has been granted, a lawful permanent resident can go on to complete the naturalization process and become a citizen.
For an immigrant on conditional permanent residency status, committing crimes such as fraud can lead to removal proceedings and deportation. For example, if your conditional status is based on marriage, and the government learns that your marriage was a sham entered into for the sole purpose of getting you a green card, the government can terminate your conditional status and begin removal proceedings. During removal proceedings, you have a chance to seek a review of your case in order to prove that you are not guilty of fraud.
A lawful permanent resident can also lose permanent residency by being absent from the United States for a long period of time. If a person is gone for about six months or more without re-entry into the United States, he or she may not be allowed back into the country. To avoid this result, a lawful permanent resident can apply for a special re-entry permit before leaving the United States, or make sure that he or she is not absent from the country for an extended period of time.
Removal proceedings for lawful permanent residents can be initiated if the lawful permanent resident is convicted of what is described as a crime of violence. A person who is convicted of murder is permanently barred from naturalization. The definition of what constitutes a crime of violence is hard to pin down because in some instances it could mean that someone who commits a robbery and is convicted may be deported, and yet someone with an unregistered gun may not. This sort of ambiguity is being challenged in front of the United States Supreme Court, and a decision is awaited that will hopefully set out more clear guidelines as to which crimes may make a lawful permanent resident eligible for deportation.
Lawful permanent residents can also voluntarily choose to relinquish their status by filing United States citizenship and Immigration Services (USCIS) Form I-407.
Contact an Experienced Immigration Attorney
Receiving a green card is a significant step towards gaining citizenship. If you are a lawful permanent resident facing removal proceedings you can fight your removal at the hearing. For more information, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP.
Applying for a Provisional Unlawful Presence Waiver
It is often difficult for a person who resides in the U.S. as an undocumented immigrant to change his or her status and receive an immigrant visa, legal residency, or U.S. citizenship. However, if an immigrant has a U.S. citizen parent, spouse, or child, it may be possible to use a provisional unlawful presence waiver as a defense to deportation and as a way to live in the U.S. legally.
When a person who is unlawfully in the U.S. can qualify for an immigrant visa and eventually a lawful resident card (green card) based on a relationship to a U.S. citizen parent, spouse, or child, they are still required in many cases to leave the U.S. and receive an immigrant visa from a U.S. consulate in another country. This may create a hardship for the family of the person who has to leave because the process of applying for and receiving a visa in order to lawfully re-enter the U.S. can take a long time, and the person may have to wait between three to ten years to reenter the country. It is therefore advisable for a person leaving the U.S. to apply for a provisional unlawful presence waiver before leaving the country for an interview at a U.S. consulate abroad. If approved, the applicant would know before leaving the country if he or she would have to wait out the statutory three to ten years before being allowed to reenter the U.S.
The key to a successful provisional unlawful presence waiver is an applicant’s ability to show that his or her U.S. citizen parent, spouse, or child will suffer extreme hardship if the applicant is separated from them for a long period of time. A provisional waiver does not guarantee that once the person leaves the country to attend a consular interview he or she will be granted an immigrant visa. The waiver removes the mandatory three-to-ten-year bar to admission that would otherwise be applicable before an applicant could return to the U.S. because of having been unlawfully in the country.
If you may have multiple grounds of inadmissibility, you should not apply for a provisional unlawful presence waiver before consulting with an experienced immigration attorney. Grounds for inadmissibility include conviction for certain crimes, being involved with terrorist groups, and several others. Filing for a provisional unlawful presence waiver when an applicant has multiple grounds of inadmissibility, specifically if the person is considered a deportation priority, can trigger deportation proceedings against the applicant in some cases. If you are already in deportation proceedings, you cannot generally apply for a provisional unlawful presence waiver.
Let Us Assist You
If you have an immediate family member who is a U.S. citizen, you may qualify for a green card. Before you begin your application, you should consult an experienced immigration attorney to make sure you put forth your best case and potentially reduce the time you are away from your family while your application is pending. For legal assistance, contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
What is a Sanctuary City?
There have been some recent major changes in the political arena that are expected to cause changes to the U.S. immigration policy and how the law is currently applied in some cases. These expected changes have caused alarm because it could mean increased deportation for people who are out of status or who entered the country without a visa. Some cities across the country, including Pasadena, have responded by affirming their status as sanctuary cities in an effort to calm their immigrant populations.
The term “sanctuary city” refers to a city in which a person who is in the U.S. in violation of federal immigration law is not generally prosecuted by the city’s authorities solely based on his or her immigration status. This sometimes means that officials in a sanctuary city will not fully cooperate with federal authorities seeking to apprehend and deport an undocumented immigrant. For example, if an undocumented immigrant is arrested for theft, or a traffic offense, he or she will be prosecuted for the state law charge, but immigration officials will not likely be notified that the person is in custody even after city officials determine the person’s immigration status. Sometimes, even if immigration officials send a detainer request asking to be notified when the person is about to be released, city officials may refuse to honor that request.
Sanctuary cities base their authority to refuse total cooperation with federal immigration authorities on the tenth amendment of the constitution, which basically says the federal government cannot require compliance by states – and by extension the states’ cities – to enforce federal law. However, sanctuary cities cannot intervene to stop deportation. Although sanctuary cities offer some level of assurance that a person will not be deported if he or she is arrested or questioned by city police officers, deportation is still possible if the arrest is by federal U.S. Immigration and Customs Enforcement (ICE) officers. Information gathered during an arrest by city police officers, such as fingerprints, is still passed on to the FBI and eventually to ICE.
There have been suggestions that federal funding to sanctuary cities will soon be reduced until they start cooperating, and that this may cause some sanctuary cities to start cooperating more fully with federal authorities. However, because of Supreme Court cases limiting the way the federal government may put conditions on federal funds to states, sanctuary cities are not likely to be completely cut off from federal funding. In any case, the threat of losing federal funds does not seem to deter cities from declaring they will continue to act as sanctuary cities, and most are reaffirming their status and setting up resources to help undocumented immigrants living within their borders.
Contact Us for Legal Assistance
Whether you are an undocumented immigrant or a person in the country on an immigrant visa or under permanent resident status, you should familiarize yourself with your options in order to be prepared for any future immigration changes that may affect you. For more information, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP, in Pasadena, California for a consultation.
Immigration Lawyer.Blog 