Deportation/Removal/Asylum

Deportation/Removal/Asylum

Phoenix Deportation Lawyer

REMOVAL DEFENSE AND WAIVERS

Our phoenix deportation lawyers are passionate advocates for immigrant rights. If you or your family member is facing deportation or removal proceedings, we can help. Some of the most common grounds for deportation or removal in the U.S. includes: criminal convictions, status violations, unlawful presence, prohibited employment, unlawful entry or illegal immigration.  Immigration law and the options that a person facing deportation or removal are complex. Our attorneys take pride in investigating each case carefully, and considering all options that a person has in order to stay in the United States legally. If you or your family members are  facing the possibility of removal or deportation, the attorney you choose is very important. You want an immigration deportation lawyer who will listen to your case and fight for your right to stay in the United States.

PROVISIONAL WAIVER--There is now a new process that will allow certain immediate relatives of U.S. Citizens (spouses, children and parents) to apply for a provisional unlawful presence waiver while they are still in the U.S. and before departing for their immigrant visa interviews abroad. Under the old process immediate relatives had to travel abroad to obtain an immigrant visa from the Department of State before they could return to the U.S. In some cases, waiver application processing can be lengthy, making the separation of these immediate relatives from their U.S. citizen family. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov. For more info, visit USCIS website: http://www.uscis.gov/USCIS/Resources/How%20Do%20I%20Guides/Static%20Files/601.pdf

You may be eligible for a provisional unlawful presence waiver if:

1. You are physically present in the United States;

2. You are at least 17 years of age at the time of filing;

3. You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. Citizen;

4. You have an immigrant visa case pending with the U.S. Department of State, for which you have already paid the immigrant visa processing fee;

5. You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States; and

6. You meet all the requirements as listed in the regulations, Form I-601A and it’s instructions.

*IF YOU THINK YOU QUALIFY FOR THE NEW PROCESS FOR THE PROVISIONAL UNLAWFUL PRESENCE WAIVER, contact an attorney to discuss eligibility and limitations. It it important for you to understand the requirements and restrictions prior to applying.

At Patel Law, our phoenix immigration lawyers are caring and passionate advocates for immigrant rights.   Our office prides itself on providing its clients with Low Fees and Flexible Payment plans.

Call for a consultation: (602) 266-2169.

 

Arizona, Phoenix Immigration Lawyer for Asylum

Religious Persecution • Racial Persecution • Political Persecution • National Origin Persecution • Persecution Based on Membership in a Particular Social Group • Persecution in Violation of the Torture Convention

Asylum status is usually sought by Individuals who are either entering, or are already present in the United States. You can also request Asylum Relief during removal proceedings or once you have been detained by ICE (ICE hold). Asylum status is granted on a discretionary basis if it is determined that the applicant has suffered past persecution or has a “well-founded fear of persecution” on account of race, religion, nationality, membership in a social group, or political opinion in their country of origin. The individual seeking asylum must establish that their persecution was on at least one of these five grounds.

If an applicant is granted asylum, he or she will be allowed to live and work in the United States.  The applicant will also be able to apply for permanent resident status (to obtain a green card) after being present in the U.S. for one year after he or she is granted asylum.  There is no fee to file for asylum.  One may apply for asylum regardless of immigration status, meaning that someone may apply even if they are in the United States illegally.  An asylum-seeker must apply for asylum within one year of arriving in the United States.  This is a strict deadline that must be considered.  Only in very rare circumstances can one successfully apply for asylum after the one-year deadline has passed.  If you have not filed within the one year after entry, you may still be eligible if one of the exceptions applies. You can also apply for asylum and withholding of removal during removal proceedings before an Immigration Judge. To ensure best results and avoid lengthy delays, speak with an experienced immigration attorney.

Majority of asylum applicants are denied due to incompleteness of the information provided. For best results, it is important to investigate facts surrounding your case fully and present evidence clearly.  Following the Real ID Act of 2005 and other recent changes, people have to present significant amount of evidence to support applications for political or religious asylum than ever before. The federal government’s response to the events of September 11 changed everything regarding how asylum is applied for and granted. If you or a family is seeking asylum in the United States, you will need an experienced attorney to apply various strategies to show the validity of your claim.

Phoenix Asylum Immigration Lawyers at Patel Law, understands how important it is to investigate the facts and prepare evidence clearly and thoroughly to help you get your request for asylum or temporary protected status approved. We know what the government is looking for and are able to find the most important facts regarding your application. We prepare you for what to expect and we make sure your application is complete, accurate and up to date.

Call or Email for a consultation: (602) 266-2169 or email@patellawaz.com

Refugees

Under U.S. immigration law, asylum status and refugee status are different but closely related.  Asylum is the status applied for by a person already in the United States, and is handled by the U.S. Citizenship and Immigration Service (USCIS) or by an Immigration Judge. Refugee status, on the other hand, is applied for and granted outside the United States. More information about the refugee application and admission process can be found below.

Determination of refugee status for admission (or “resettlement”) to the United States is governed by the same legal principles and standards as asylum, but unlike asylum, there is a strict limit on the number of people that can be accepted into the United States as refugees. Each year, the United States government sets a cap for the number of refugees it will accept from each continent.   The United States has also established a tiered system of “refugee processing priorities,” indicating specific countries and circumstances that are regarded as high priority under United States refugee law.

Generally a person must apply for refugee status in a third country after escaping from his or her country of origin and show there is sufficient need for an interview to determine refugee status.  Applicants who fall under the United States refugee processing priorities will be eligible for an interview. The application is processed through the United States Refugee Admissions Program (USRAP) in several countries throughout the world. For additional information about the USRAP program and locations, click here.

If you have already been admitted under Refugee Status, then you do have options to adjust your status to a permanent residence. If you have had criminal convictions, even minor ones, you might face challenges in adjusting your application. For best results and to avoid lengthy delays, speak to an experienced immigration attorney.

Call for a consultation: (602) 266-2169.

Supporting documents typically needed for Asylum Applications:

  • Alien’s birth certificate or other form of identification
  • Marriage certificate (if applying with spouse)
  • Copy of passport and I-94 for all applicants (if alien already in the U.S.)
  • 3 passport style photos on white background for each petitioner
  • Evidence of relationship if applying for children under 21 years of age (birth certificates of children, school records, etc.)
  • Affidavit from client stating the problems they have had in their country of origin and why they cannot return there

Third Party supporting documentation for Asylum Applications: 

  • Newspaper articles supporting persecution of “asylum class”,
  • Death certificates of family members and other “class members”,
  • Medical records showing abuse of petitioners, family members and other “class members”,
  • Police reports proving violence against petitioners, family members or other “class members”,
  • U.S. Department of State Report on petitioner’s country
  • Human Rights Reports supporting situation on petitioner’s country
  • Proof of membership in “asylum class” in petitioner’s country of origin, (i.e. if claiming political asylum-documents showing current membership in persecuted party; if claiming religious asylum-documents showing membership in persecuted religious group, etc.)
  • Any other documents that demonstrate persecution of petitioner’s “asylum class” in their country of last residence.

There are no Immigration Service filing fees for asylum petitions (form I-589). Click below link to verify the U.S. Immigration Service fees as these change regularly:
http://www.uscis.gov/forms

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