When an individual is in the US without authorization and encounters U. S. Immigration and Customs Enforcement or U.S. Customs and Border Protection that individual will be detained and either held for Removal proceedings or released on bond or on their own recognizance. Most often the individual will also be issued an NTA or Notice to Appear. We usually meet our clients after they or their family members have been detained and issued a Notice to Appear. After our initial consultation, we develop a strategy with our clients, this can include filing for a Bond Redetermination, Motion to Reopen, Petition for Review, and/or proceeding to an Individual hearing by seeking a remedy from the court including but not limited to: adjustment of status, de novo review, cancellation of removal, asylum/convention against torture/withholding of removal, waivers available in removal proceedings, etc. Read More
The United States of America has had a long history of being a place of refuge for those seeking political Asylum. Throughout the years, the law of Asylum has changed and not only applies to those seeking a refuge from political persecution but also from persecution based on race, religion, nationality, membership in a particular social group. Individuals arriving in the US or those already in the US either in status or out of status are able to make an application for asylum. Upon an initial consultation, our attorneys will strategize with clients to determine what remedies are available. Read More
In the US, the prosecutor has the ability to use it’s “prosecutorial discretion” to determine how to proceed with enforcing a case. For Immigration purposes, the US executive branch takes on the role of prosecutor in immigration law and is able to use it’s prosecutorial discretion to defer action on cases. Deferred action is an exercise of the executive branch’s enforcement discretion and was first publicly defined in a 1975 administrative guidance document published by the US Immigration and Naturalization Service.
Temporary Protected Status, is a process whereby the US government through USCIS may grant nationals of certain designated countries who are already in the USA the ability to remain in the USA temporarily. The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. Read More