Do I qualify for deferred action and executive order relief if I have criminal record?
It depends on the type of record you have (if it’s a felony, misdemeanor, wobbler , state or federal crime, crime of moral turpitude, crime of violence , aggravated felony etc) . If you crime disqualifies you from applying for deferred action/executive action for parents of U.S. citizens/Lawful Permanent Residents, we recommend to hire a criminal defense attorney specializing in post conviction relief who may be able to clean your record. We have a highly professional criminal defense attorney available to investigate if your record can be cleaned and to represent you in criminal court to clean prior offenses.
DETAINEES AT THE BORDER
What should I do if my relative/friend was caught crossing the border and is in immigration jail ?
We can help you to locate your relative /friend and stop their deportation by filing a credible fear interview request which will stop deportation pending an interview with deportation officers specializing in asylum matters. When a detainee is being interrogated by the asylum officers, detainee must prove with his/her testimony that he/she has credible fear of going back to their country for valid reasons. If you are a victim of crime , but government of your country didn’t violate your rights in any way – its unlikely that officers would approved your asylum credible fear request; even if you are a victim of domestic violence there is still always a requirement that you have to show that your government did not protect you from violence . If your testimony shows that you are in the U.S. for economic reasons or family reunification reasons , your asylum will be denied and you will be deported.
We represent our clients at the credible fear interviews telephonically and help prepare for these interviews. After a successful credible fear interview, deportation officers normally release you on bond and transfer the case to where you are going to live in the U.S. for immigration court proceedings.
We help our clients to come out on bail , to transfer the case from another state to Los Angeles, CA and continue representing them in Los Angeles immigration court in asylum cases.
MINORS
What if my minor son/daughter/relative have to go to immigration court? How can you help the minors?
We represent many minors in immigration court. If a minor under 18 y.o. has no parents in the U.S. or its proven that one of the parents was abusive such minor can apply for Special Juvenile Visa case ( so called “CIGIS”). In order to file an immigration case based on special juvenile relief, its necessary to first obtain a children’s court order granting guardianship to a close relative or another adult in charge of the minor’s affairs. This can be done by an attorney specializing in such cases. After a childrens’ court part of the case is finished, its time to apply for a special juvenile visa.
Also if a minor is unaccompanied by adults, he/she qualifies for TVPRA , a special asylum designed for minors that is being processed in Anaheim Asylum office while immigration court proceedings are still pending. Once TVPRA (a special juvenile asylum) is granted, we close minor’s deportation case.
U VISA
Can I get documents in the U.S. if I became a victim of crime?
Victims of violent crimes that occurred in the U.S. may qualify for permanent residency based on U visas . U visa application requires cooperation of law enforcement officials who investigated the crime : specifically they have to sign a special certification to support your “U” visa application . If they don’t sign – you don’t have a case. However if they do sign, you have a winnable case, provided you don’t have a criminal record yourself. For “U” visa cases we need you to bring us a police report, doctor’s report about the incident and the detailed information about the officers /detectives investigating the case. We ‘ll prepare all the documents including a special certification to be signed by the officers and will get in touch with them to obtain their cooperation. Initially upon pre-approval of a U visa you will get a work permit and most of the rights that permanent residents enjoy, but after 3 years on a U visa you qualify for a greencard.