immigration court

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.

What You or a Loved One Need to Know When Applying for a Green Card

Published on: September 20, 2022 | by Lasnetski Gihon Law

Getting a green card for yourself or a loved one can be a confusing and complicated process. Many people struggle to navigate the ins and outs of the green card application process without the assistance and guidance of an experienced immigration attorney. bigstock-Woman-With-Laptop-Permanent-Re-430602932

Mistakes can be made in the application process, and cause delays in the individual getting approved for a visa. Some may not be sure which type of green card or visa they need to seek.

Several different types of green cards are available for individuals coming into the United States, including work or employment-based visas and family-based visas.

How Criminal Charges Affect Immigration Proceedings

Published on: September 19, 2022 | by Lasnetski Gihon Law

When applying for a green card, whether the application be for a marriage green card or an immediate relative, you should assume that the U.S. Citizenship and Immigration Services (USCIS) will conduct a thorough background check. bigstock-U-s-Deportation-Immigration-Ju-383236865 Filing an accurate and thorough green card application is all the more important if you have a criminal history.

USCIS will conduct a criminal background check not only on the green card applicant, but also the sponsoring U.S. citizen or the green card holder who is sponsoring his or her family member attempting to receive a green card.

This criminal background check will look for every interaction the applicant had with law enforcement in both the person’s home country as well as in the United States.

U.S. Supreme Court Holds That Certain Noncitizens With Removal Orders Are Not Entitled To A Bond Hearing After Prolonged Detention

Published on: June 14, 2022 | by Lasnetski Gihon Law

5BE4E053-A779-4BA9-AC75-AD273202E118 The United States Supreme Court recently released a decision on June 13th, 2022 that will allow for prolonged detention of certain noncitizens who have a removal order, without the benefit of judicial review. This decision is an unwelcome blow to those that have been held in custody for periods longer than six months because they will not be able to obtain a bond hearing in front of an immigration judge. The decision whether to continue detention or to release them on terms of supervision will remain with ICE.

§241(a) of the Immigration and Nationality Act authorizes the detention of noncitizens who have deportation orders against them. Under that provision, the noncitizen is supposed to be detained and removed within a period of 90 days. This is known as the “removal period.” §241(a)(6) provides that after the 90 day removal period, certain noncitizens may be detained or released on terms of supervision. Any noncitizen not enumerated under §241(a)(6) that has not been removed within 90 days must be released.

§241(a)(6) allows the continued detention of noncitizens who (1) are inadmissible on certain grounds, (2) are removable on certain grounds, (3) are a risk to the community, or (4) are unlikely to comply with an order of removal. The problem with this provision is that it does not state how long a noncitizen can be detained past the 90 day removal period. Six months? A year? Ten years? Some courts have dealt with this issue by authorizing a bond hearing after six months in custody. Such was the case here, in Johnson v. Arteaga-Martinez.