If you are found to be removable, you may request one or more types of discretionary relief.
But you have the burden of proving that you are eligible for relief under the law.
The Board of Immigration Appeals (BIA) hears appeals of Immigration Judge.
The BIA, part of the U.S. Department of Justice, is the highest administrative body which interprets and applies the immigration laws.
The available forms of relief include:
– Providing supplemental information to the United States Citizenship and Immigration Services (USCIS) (INA § 245 (i)); or
– Adjustment of Status to a lawful permanent resident,; or
– The Cancellation of Removal (212(c) or 212(h) Waiver) is available to qualifying LPRs who have continuously resided in the United States for at least 7 years and qualifying non-LPRs continuously present for at least 10 years; or
– Motions to Reopen or Reconsider by filing a timely motion with an Immigration Judge or the BIA; or
– Administrative Appeal filed with the BIA; and many others.
You can file a Judicial Review 30 days from the date of a final removal decision, generally with the Court of Appeals decisions.
The Immigration Judge will decide any forms of relief from removal you are eligible to apply for.
Deportation/removal is a process used by the U.S. government to remove individuals form the U.S. Any person who is not a U.S. citizen can be the subject to removal proceedings.
The job of a deportation lawyer is to assist immigrant clients who are facing removal proceedings in U.S. Immigration Court.
Removal proceedings are set up by the government through the Department of Homeland Security (DHS).
There are several forms of relief from deportation, such as Adjustment of Status, Cancellation of Removal (212(c) or 212(h) waiver), Cancellation of deportation according to the Violence Against Women Act (VAWA), the Deferred Action for Childhood Arrivals (DACA) and the Deferred Action for Parental Accountability (DAPA) programs, Motions to Reopen or Reconsider, and many others.
An immigration lawyer will be able to advise you of all the possible methods to legally avoid deportation.
Your lawyer will show that the U.S. government was wrong to put you into removal proceedings.
The legal arguments deportation lawyer uses will depend on the type of removal hearing and the legal status of the client.
An immigration lawyer can also help you with all the detailed procedures of the deportation hearing.
If your are represented by a deportation defense lawyer, you will have much higher chances of winning your deportation case and remain in the U.S.
A regional center is normally created and operated by experienced developers or business people who seek to begin or expand existing businesses.
It is therefore essential for you to receive and assess their credentials and their ability to ensure that the project will be so created and that the job creation equirement will also be fulfilled as a result of the program.
Although the USCIS oversees the overall EB-5 program, investors must be aware of the limitations pertaining to each and every regional center in order to make a
As the number of USCIS approved regional centers continues to increase at a rapid pace, it becomes ever more difficult for an investor to make a well-informed decision.
Our recommendation is for each investor to visit and interface with no less than six regional centers before finalizing an investment decision.
A credible certified public accountant or EB5 attorneymay be able to refer you to qualified professionals within the EB-5 field and/or offer assistance while you are
weighing the options available to you. Be sure to review and analyze all reports exhibiting the actual and projected cash flow for the regional center.
If possible, speak with other investors, request the regional center‟s scorecard as
to their success rate, and try to assess the mix of nationalities in the program.
Additionally, it would be beneficial to review the developer‟s overall history both in a general business context and EB-5 specific projects.
A positive determination is if the developer has standby credit for the erection of any new project, backup plans, and exit strategies to be applied as needed.
Clearly, the sponsor must not have a criminal record or any evidence of prior
In addition to discussions with the principal sponsor, the investor should engage the services of partners, development and management personnel, and other service providers who are hired to support the project in its entirety.
All parties and entities are subject to your review before finalizing your investment.
Do not rely solely on the terms and conditions of an escrow agreement to have the funds returned in the event that the project does not materialize.
Litigate means file a case against someone and bring a case to Court. In the lawsuit, a plaintiff file a formal complaint with the appropriate Court. The civil litigation or legal process is most common in civil lawsuits but it comes about in all kinds of cases, from criminal to business litigation.
In a civil litigation case, a lawsuit is brought by one party against another without any allegation that a crime has been committed.
In the civil litigation process, two or more opposing parties defend their legal rights. The parties are the plaintiff, the person contemplating the lawsuit and bringing the charge, and the defendant, the person who caused the assumed injury. Litigation is typically settled by agreements between the parties, either by pre-suit mediation or by settlement.
Litigationinvolves a series of steps from pre-suit investigations, arbitration, facilitation, and sometimes the case may also be heard by a jury or judge in the appropriate Court.
The process of defending legal rights, usually starts the moment a party hires an attorney to represent his or her interests. Civil litigation attorneys engage in a variety of pre-suit litigation activities, from writing a demand letter (a letter on a client behalf), to filing a Notice of Eviction with a local Court.
Moreover, attorneys and litigators conduct extensive pre-suit investigation, gathering information about the harm that occurred, prior to filing suit. During a jury trial, each party present a case to the jury, with the plaintiff presenting first and the defendant then taking a turn defending against the plaintiff’s allegations.
On the other side, in a bench trial, the presiding judge makes the ultimate decision regarding liability and ensures that the case is litigated according to the rules of Court. If the trial proceeds to a conclusion, either the jury or the judge must decide which party wins.
Litigation continues even after a verdict is rendered and the losing party may still appeal the decision within a specified period of time to a higher Court. Litigation ends only if a settlement is reached.
Arbitration is an alternative to civil litigation, where a Court case is heard by a panel of attorneys or a single attorney instead of a judge or jury.
A great amount of civil litigation cases never reaches the trial stage, an expensive and uncertain step.
The H1-B is one of the most popular employment-based visa and allows U.S. companies to hire foreign workers with certain skills in specialized areas such as science and medicine, architecture, engineering, law, education, theology or art.
It is for foreign nationals with a Bachelor Degree (or an equivalent foreign degree) that are coming to the U.S. to perform services in a specialty occupation. The “specialty occupation” is a profession that involves the theoretical and practical application of a body of highly specialized knowledge and the attainment of a Bachelor Degree.
According to Section § 101 (a) (15) (H) of the Immigration and Nationality Act (INA), the H-1B is a non-immigrant visa, is granted for an initial period of 3 years, and can be renewed for another 3-year term.
Thus, the H1-B visa holder may attempt a “dual intent” and apply for a Green Card, only after the approval of a Permanent Labor Certification by the U.S. Department of Labor (DOL), and eventually become a U.S. Citizen.
The H1-B Visa requires the sponsorship of a U.S. Company.
The employer must demonstrate to the Department of Labor, that the U.S. Company has the financial ability to pay the minimum wage.
However, after years of uncertainty, the USCIS now accepts H1B petitions filed by a U.S. Company formed and owned by the Visa beneficiary (self-sponsorship).