Family Immigration

I APPLIED FOR CITIZENSHIP OR A GREEN CARD AND FOUND OUT I HAVE AN ORDER OF REMOVAL OR DEPORTATION, WHAT DO I DO NOW?

Published on: December 18, 2023 | by Lasnetski Gihon Law

It happens way more often than you would think. A person applies for lawful permanent resident status (also known as a green card) and during the process they find out they are not eligible because there is an order of removal or deportation in their file. Sometimes, a person with an order of removal can obtain lawful permanent resident status because of an oversight by USCIS, but when the same person applies for U.S. citizenship, they are denied because of the old order of removal. Most of the time, the person has no idea they were in immigration court removal proceedings or that they had an order of removal. Many times, that order of removal was issued by an immigration judge because the person did not show up for court, usually because they had no idea they were scheduled to appear for court. In either scenario, there is a solution . . .a motion to reopen.

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We are contacted all the time by people who had I-485 Applications to Adjust Status denied or closed because of an outstanding removal order. Sometimes the caller knows they had the order of removal already, but many times they had no idea. We also receive calls from people who have green cards for years and then applied for citizenship and were denied because USCIS sees an old order of removal in their file. The good news is, there is a solution.

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We have been successful in numerous cases going back to reopen and terminate or dismissing the old immigration court cases. Once the old case is reopened, the order of removal is gone and if the case is terminated or dismissed, we refile for lawful permanent residence or citizenship and the path is now clear for success.

My Immigration Application Has Been Pending for a Very Long Time-What can I do to get a Decision?

Published on: November 29, 2023 | by Lasnetski Gihon Law

One of the most common calls we receive at our office sounds like this: I filed an application for asylum, adjustment of status or citizenship and it has been pending for a long time, what can I do? Long delays in processing times by USCIS (United States Citizenship and Immigration Services) are very common and very frustrating. Long delays in the adjudication of asylum applications, green card applications and citizenship applications leave individuals and families in limbo and cause a tremendous amount of stress. These processing delays also lead to increase costs for renewing work permits or green cards. These delays can also put vulnerable family members in other countries as risk of harm as asylum applicants in the U.S. wait for their interviews.

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There are many reasons why USCIS delays cases, but there is usually only one effective solution – SUING USCIS IN FEDERAL COURT! Whether you call the lawsuit a Writ of Mandamus, or an Administrative Procedures Act unreasonable delay suit, these claims are designed to do the same thing, make the government do their job. judge-with-gavel-resize-rectangle2

Many clients submit online inquires to USCIS about their stalled I-485 Green Card Applications and this does not resolve the case. Many clients contact their member of congress or the USCIS Ombudsman and this often fails to resolve the matter. We have found the most effective way to force USCIS to do their job is to sue them in federal district court. Under the right circumstances and with the right fact pattern, suing the government is usually successful in achieving a decision on the case. Suing the government does not guarantee that your case will be approved, but it usually results in a decision, fairly quickly, when all other strategies have failed.

WHAT DOES THE U.S. SUPREME COURT’S RECENT IMMIGRATION DECISION IN U.S. V. TEXAS MEAN FOR NON-CITIZENS?

Published on: July 13, 2023 | by Lasnetski Gihon Law

On June 23, 2023, the U.S. Supreme Court issued its long-awaited immigration opinion in the case of U.S. v. Texas. The justices agreed 8-1 that the states who filed the lawsuit against the federal government over what the states perceived as the non-enforcement of immigration laws could not sue the government in this case. The eight justices disagreed on exactly why the federal courts could not handle this case and give the states what they wanted, but all eight agreed that the lower courts were wrong in getting involved in this matter.

So, what was U.S. v. Texas about and how does this decision affect non-citizens in the United States? In 2021, the Secretary of the Department of Homeland Security, Alejandro Mayorkas, issued a memo regarding what types of cases the federal immigration officers should focus their efforts on for detention and removal from the United States. By listing groups of non-citizens who immigration officers were to focus on, this automatically created a group of non-citizens who became “non-priorities.” Multiple states like Texas did not like the “Mayorkas Memo” and sued in federal court to stop the federal immigration officers from using this memo in making detention and removal decisions. The first two federal courts who heard the case agreed that states like Texas were harmed by immigration officers prioritizing certain non-citizens for removal and thereby potentially ignoring other non-citizens who were subject to detention and removal but were not priorities. The courts initially stopped the Department of Homeland Security from using the memo in immigration enforcement decisions.

The Mayorkas memo remained sidelined until the Supreme Court decided that NO court has jurisdiction to even hear this case, let alone strike down the Mayorkas Memo. The Supreme Court held that the federal courts were not the place for states to sue the federal government to force them to use their “prosecutorial discretion” to detain and deport every non-citizen they could. The Supreme Court listed multiple other ways that this perceived non-enforcement or prosecutorial discretion issue could be addressed, including through elections and in the Congressional oversight and funding context.

I Was Granted Parole and I am in the United States; Now what do I do?

Published on: May 26, 2023 | by Lasnetski Gihon Law

The U.S. Department of Homeland Security recently announced that its special parole program for Cuban, Haitian, Nicaraguan and Venezuelan nationals has become so popular that demand has far exceeded availability and DHS would start using a lottery system to choose who would receive parole. This program, which began in early 2023, has allowed nationals of these countries to seek parole to lawfully enter the United States if they meet certain requirements.

Qualified beneficiaries who are outside the United States and lack U.S. entry documents may be considered, on a case-by-case basis, for advanced authorization to travel and a temporary period of parole for up to two years for urgent humanitarian reasons or significant public benefit. To participate, eligible beneficiaries must:

Have a supporter in the United States;

Florida’s New Immigration Laws Summarized: Statute by Statute

Published on: May 9, 2023 | by Lasnetski Gihon Law

Although no announcement has been forthcoming, the worst kept secret in the American political arena is the impending run of Florida Governor Ron Desantis for office the President of the United States. As he ratchets up support to begin his battle with Donald Trump during the Republican primary, Governor Desantis has pushed through a bill in the Florida House and Florida Senate that looks a lot like federal congressional legislative action.

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HB 1718/SB 1718, colloquially known as Florida’s immigration bill, or Florida’s anti-immigration bill (depending on who you ask), passed both houses of Florida’s government and is expected to become the law of the land in Florida on July 1, 2023. Supporters say it gives teeth to federal laws immigration laws that are being ignored by the current administration. Detractors say it usurps federal authority, negatively impacts Florida communities, and will have a chilling effect on vulnerable people who need medical attention. So what does the law actually say?

Florida’s new immigration law isn’t really just one new law. It is actually a conglomeration of laws adding and subtracting from different existing statutes all aimed at achieving the same goal: targeting individuals who are in the State of Florida who do not have any lawful immigration status.

What to do if Hurricane Ian Interrupted Your Immigration Case

Published on: November 29, 2022 | by Lasnetski Gihon Law

bigstock-Hurricane-Also-Called-Tornado-461662201 Hurricane Ian affected the lives of Floridians in countless ways. Homes were destroyed and many people’s personal belongings were lost forever. For individuals who are in the process of changing their immigration status, these losses have more than just sentimental value. The loss of certain personal items can have an adverse effect on their immigration case.

Loss of Government Documents

Some of these belongings lost due to the hurricane include important governmental documents needed to continue an immigration case. If you have lost any important government documents, many of these can be replaced. It is a matter of finding the proper agency or person to help you in replacing them.

Temporary Protected Status Expanded by Biden Administration for Afghanistan, Cameroon, and Ukraine

Published on: November 29, 2022 | by Lasnetski Gihon Law

TPS The Biden administration has extended the Temporary Protected Status (TPS) program, providing approximately 143,800 immigrants from Afghanistan, Ukraine, and Cameroon additional protections, allowing them to remain temporarily in the United States.

The TPS program gives immigrants from these countries the chance to apply for time-limited permission to live and work in the U.S. and avoid deportation. This program is overseen by the U.S. Department of Homeland Security (DHS).

To be covered by the TPS program, immigrants must apply through DHS. The TPS program offers temporary protection from being deported for qualifying immigrants who are residing in the U.S. and came here from designated countries that are otherwise deemed unsafe to return. These unsafe conditions could be because of war, hurricanes, earthquakes, or any other potentially hazardous circumstances in those countries.

Can You Move Your Foreign Fiancé to the U.S.?

Published on: February 25, 2022 | by Lasnetski Gihon Law

The process of bringing your foreign fiancé to the U.S. can be challenging and difficult to navigate, as there are several requirements. A great first step you can take to jumpstart a life together with your significant other in the U.S. is to understand the legal requirements associated with bringing your fiancé to the U.S. and the initial steps of the process.

1. Meet the Requirements

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In order to apply, you as the applicant or petitioner must meet the following requirements:

Need a Green Card for a Family Member? Here’s Where to Start

Published on: January 28, 2022 | by Lasnetski Gihon Law

AdobeStock_483211582-300x200 If you have a family member seeking permanent residence in the U.S., you may be able to help them apply for a green card. A green card allows people with a legally recognized relationship to live, work and attend school in the U.S. without needing a work visa or a student visa.

However, the process does not come easy and can take more or less time depending on your family’s specific situation and ability to meet specific eligibility requirements. Whether you are a U.S. citizen or legal permanent resident looking to petition for a family member, there are options that may be available.

Here are some of the ways you can get started with helping your non-citizen family member to apply for a green card:

A New Asylum Office has opened in Tampa, Florida

Published on: July 27, 2021 | by Lasnetski Gihon Law

USCIS—the government agency that receives most of the country’s asylum applications—has opened a new office in Tampa, Florida. Before this happened, everyone who was not in immigration court and who applied for asylum in the entire state of Florida had to go to Miami for their asylum interview. Sure there were exceptions, on occasion, asylum officers would go to Jacksonville, Florida to conduct interviews, but those interviews were few and far between.

Now, people from Pensacola to Jacksonville to Tampa no longer have to make the long and expensive trip to Miami for an asylum interview. Now, people from the Tampa Bay area, parts of Central and all of North Florida will head to Tampa for their interviews to see if they will be granted asylum. This is great news for everyone involved. This will make it easier for asylum applicants to travel to their interviews, this will make asylum interviews happen more frequently for all Floridians as there are now two offices and more officers conducting interviews. This will also make it more cost-effective for asylum applicants to bring their attorneys to their asylum interviews.

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USCIS has not yet released all the details or the exact geographical boundaries for the Tampa asylum office. What we do know is they are already open as of June, 2021 and they are already conducting interviews. The office is in the same building as ICE, so if you have been reporting to the Tampa ICE office for check-ins and you are called for an asylum interview, you will go to the same building. The address of the office is 524 W Cypress St, Tampa, Florida, 33607 right near the Tampa International Airport.