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Asylum Process in the USA
Brief to the USCIS Asylum Office in support of an application for asylum based upon political opinion in Venezuela.
The length of the asylum process varies, but it typically takes between 6 months and several years. The length of asylum process may vary depending on whether the asylum seeker filed affirmatively or defensively and on the particular facts of his or her asylum claim.
If you can get a visa to come to the United States, such as a tourist visa, you can apply for asylum when you arrive, by telling the inspections officer that you fear returning to your country and wish to apply for asylum.
Your statement should help the Asylum Officer or the Immigration Judge better understand why you are applying for asylum. Describe specific incidents and dates, and include as much detail as you can remember. Do not simply write general statements. If you cannot remember an exact date, state that you are estimating it.
BIA Bond Brief
Brief to the Board of Immigration Appeals appealing the Immigration Court’s denial of bond. Respondent argued that the Immigration Judge failed to weigh all positive and negative factors in determining bond. Additionally new circumstances arose following the hearing in which the Respondent received substandard medical care in detention, which justified remand to the court to reconsider its bond ruling.
BIA Brief Regarding Lawful Admission
Brief to the Board of Immigration Appeals arguing that a a waive-through at a port of entry constitutes a lawful admission tot he US for purposes of adjustment of status.
BIA Motion to Reconsider I-130 Revocation
Motion to the Board of Immigration Appeals to reconsider the USCIS revocation of a marriage based Form I-130 Petition for Alien Relative. Legal Argument: Impermissible revocation, proper legal standard for good faith marriage, petitioner’s burden to show bona fide marriage, proper evidentiary standard.
Brief in Support of Appeal Motion to Remand – Immigration Law
Brief in Support of Appeal Motion to Remand – Immigration Law
Brief in Support of Appeal Motion to Remand in the Alternative
Brief in Support of Appeal Motion to Remand in the Alternative
Brief in Support of Particular Social Group for Asylum
Brief arguing that certain gang based and domestic sexual violence based claims still qualify as a particular social group membership for purposes of asylum post Matter of A-B-. Also argues that certain conclusions reached in Matter of A-B- are flawed and contradict current caselaw.
Brief in Support of Reasonable Fear/Asylum
Brief to Immigration Court in support of reasonable fear determination. Asylum/particular social group argument based upon status as former police officer in Mexico.
Brief Regarding VAWA cancellation – Extreme Cruelty
Brief to Board of Immigration Appeals arguing eligibility for VAWA cancellation based upon extreme cruelty by USC spouse due to his alcoholism.
Complaint for Stay of Deportation
A petition to file for stay of deportation
Appealing a deportation order. In some cases, a permanent resident who has been ordered deported will have a right to appeal this decision to the Immigration Appeal Division (IAD) of the IRB. The same is true for a protected person.
You will have 30 days from the date of the immigration judge’s deportation order in which you can file an appeal with the BIA. … Deportation Orders are not necessarily final or unchallengeable. If you have a deportation case, contact an immigration attorney who can help you navigate these possibilities.
Anyone with a final order of removal or deportation can apply for an ICE stay of removal and pay a $155.00 application fee. The ice stay of removal must be filed in person at a local ICE Office and cannot be mailed or faxed to ICE. ICE will take about 90 days to make a decision on the stay of removal request.
How do you know if you have a deportation order?
Call 1 (800) 898-7180.
You can find your Alien Registration Number on any documents that you have sent or received from immigration court. Follow the instructions to find more information, such as pending charges, final decisions, which court is handling the case, and any deportation orders.
Defendant’s Motion In Limine Re: Initial Contact
Defendant in an Immigration case seeking to exclude the reasons for, and facts that, he was in jail when ICE agents made contact with him.
Defendant’s Motion In Limine Re: Statements Within Immigration
Immigration Defendant seeking to exclude statements made to ICE and other government agents in prior contacts with ICE and other law enforcement regarding his immigration status (Defendant exercised the 5th in this case). US District Court for the District of Arizona.