Deportation - Andre S. Boghosian
 

Deportation

How to apply for deferral from deportation? What documents to submit?

There are many laws, some so incomprehensible and so contradictory that it is sometimes impossible to determine what action is legal and what is not, what is fair and what is unfair, what is true and what is false.

This is somewhat true of the announcement some time ago of the law to defer deportation for some categories of young people with no criminal record. What is this law and who can use them?

– Signed by the President of the United States, bypassing Congress, the law is first and foremost one of the many forms of prosecutorial discretion available to the executive branch. U.S. immigration prosecutors are at liberty to suspend the deportation from the country of a certain group of illegal immigrants. Note, however, that this only pauses proceeding and for only an indefinite time.

In 1971, a federal court officially granted the immigration service the right to suspend deportation, so in principle, the law is not new. Beginning from June 18, 2012, the law is now not only going to affect some children who are without parents and those who have lost a U.S. citizen spouse, it will not only protect those who cannot return to their home countries for various humanitarian causes, but now it directly affects those children who were brought up in the U.S. and have completely lost all contact with their former homeland. This law will affect even those who are already on the verge of deportation from the country, or have been denied the status of a permanent resident or temporary right of residence. In this case, immigration service officers automatically have the right and authority to suspend deportation for two years with a possible further extension of this period.

– Do those who receive a deferred deportation from the U.S., get a work permit for the duration of the consideration of the business?

– Yes, the law stipulates that those who will be delayed deportation can ask for and get right to work, if they can prove the economic necessity of such consent.

– Can I then apply for a Green Card and be a permanent resident of the United States?

– No, unfortunately the law does not provide such a right. Only Congress has the authority to decide on the allotment of a certain category of citizens the right to permanent residence.

– What to do when the time delay period ends?

– It is necessary to renew a request for a stay of deportation and also request an extension of the possibility of obtaining the right to work.

Does the law affect those who have received deportation?

– Yes. All those who were deported by the decision of the Supreme Court shall have the right to request their case be reopened and reviewed by immigration authorities in order to decide whether they have the right to take advantage of this new law and to avoid removal from the United States.

Beginning  June 18, 2012, all those who would like to know more about this law or any other law, may call toll free:             1-800-375-5283       from 8 am to 8 pm. If the phone is always busy, you can call our office by phone        1-818-507-8029       and we will be happy to advise you free of charge on all immigration issues.

– What about those who have already received orders to collect their personal belongings and leave the U.S.?

– Whoever believes that the new law is applicable to them and is on the verge of expulsion, they need to make an urgent phone call to: Law Enforcement Support Center’s hotline at             1-855-448-6903       (working hours) or contact in the ICE Office of the Public Advocate hotline at             1-888-351-4024       (from 9 am to 5 pm Monday through Friday) or send an urgent message by e-mail at: EROPublicAdvocate@ice.dhs.gov.

– What about people whose cases were closed in the administrative courts, can they benefit from the new law?

– Yes, all of them, too, can ask for a postponement of the deportation with a corresponding application for work authorization.

– What about those who were refused to have their cases closed administratively, can they take advantage of this law?

– Yes, their application may be considered and approved if they will fit the description of those for whom the law applies.

– What is needed is to prepare the documents?

– In order to prove that the law applies to you, you need to provide your birth certificate to prove that you are under 30 years of age, and prove how many years have you lived here and what you were doing while in hiding or during your semi-legal status, whether it was attending school or college, and whether you saw a doctor. In such a case will help any documents received in the name of the person who wants to take advantage of the new immigration law.

To request consideration of deferred action for childhood arrivals from USCIS, you must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals to USCIS. This form must be completed, properly signed and accompanied by a Form I-765, Application for Employment Authorization, and a Form I-765WS, Worksheet, establishing your economic need for employment. If you fail to submit a completed Form I-765 (along with the accompanying filing fees for that form, totaling $465), USCIS will not consider your request for deferred action. Please read the form instructions to ensure that you submit all the required documentation to support your request.

– Who will not benefit from this law?

– First, the law does not apply to those who do not fit the age group, which is specifically designated by law. It does not apply to those who have had serious problems with the law, those who have committed felonies or misdemeanors that can be punishable by law with a sentencing of over one year in a penitentiary. All those who have committed three or more minor offenses not committed in the same day, and not associated with the same crime, too, cannot expect to any of benefits under the new process.

– What to do if someone is refused the delay the expulsion?

– They need to urgently request a possible retrial on the basis of a memorandum of prosecutorial discretion, or simply call our office at the above number.

Examples of Documents to Submit to Demonstrate you Meet the Guidelines
Proof of identity
  • Passport or national identity document from your country of origin
  • Birth certificate with photo identification
  • School or military ID with photo
  • Any U.S. government immigration or other document bearing your name and photo
Proof you came to U.S. before your 16th birthday
  • Passport with admission stamp
  • Form I-94/I-95/I-94W
  • School records from the U.S. schools you have attended
  • Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)
  • Travel records
  • Hospital or medical records
Proof of immigration status
  • Form I-94/I-95/I-94W with authorized stay expiration date
  • Final order of exclusion, deportation, or removal issued as of June 15, 2012
  • A charging document placing you into removal proceedings
Proof of Presence in U.S. on June 15, 2012Proof you continuously resided in U.S. since June 15, 2007
  • Rent receipts or utility bills
  • Employment records (pay stubs, W-2 Forms, etc)
  • School records (letters, report cards, etc)
  • Military records (Form DD-214 or NGB Form 22)
  • Official records from a religious entity confirming participation in a religious ceremony
  • Copies of money order receipts for money sent in or out of the country
  • Passport entries
  • Birth certificates of children born in the U.S.
  • Dated bank transactions
  • Social Security card
  • Automobile license receipts or registration
  • Deeds, mortgages, rental agreement contracts
  • Tax receipts, insurance policies
Proof of your student status at the time of requesting consideration of deferred action for childhood arrivals
  • School records (transcripts, report cards, etc) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level
  • U.S. high school diploma or certificate of completion
  • U.S. GED certificate
Proof you are an honorably discharged veteran of the U.S. Armed Forces or the U.S. Coast Guard
  • Form DD-214, Certificate of Release or Discharge from Active Duty
  • NGB Form 22, National Guard Report of Separation and Record of Service
  • Military personnel records
  • Military health records

For more information on how to behave during the interrogation or interview, as well as to become familiar with the basic immigration news of the last few days visit our website: http://www.ablawoffice.com

Please remember that the information in this article is not a substitute for legal advice, as the article is to provide general information and not specific advice. You can send e-mail addresses: aboghosian@hotmail.com.

THE FOREGOING IS NOT AND SHOULD NOT BE TAKEN AS LEGAL ADVICE.

How to Prevent Deportation from the United States?

When the US government is trying to deport you, the US Immigration and Customs Enforcement is responsible for enforcing deportation law. Deportation is also known as “removal” from the United States.

Cancellation of Removal for Permanent Residents

The removal of a lawful permanent resident can be cancelled if the

1. He has been an LPR (legal permanent resident) for a minimum of five years

2. he has resided continuously in the US for a minimum of seven years after being admitted to the US in any status (prior to the institution of removal proceedings)

3. He has not been convicted of an aggravated felony

4. he is not inadmissible from the US on security grounds

The following are not eligible for cancellation of removal:

1. certain crewmen

2. exchange visitors (in “J” stays) who received medical training in the US

3. persons who have persecuted others

4. persons who have previously been granted cancellation of removal, suspension of deportation or relief under 212(c)

5. persons who committed certain criminal offenses prior to the accrual of the required seven years

Cancellation of Removal for Non-Permanent Residents

The removal of a non-permanent resident can be cancelled if:

1. He has been physically present in the US for a continuous period of ten days prior to the institution of removal proceedings. “Continuous” means that the person can not be out of the US for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.

2. he has been a person of good moral character for ten years

3. he is not admissible under 212(a)(2) or (3) (criminal and security grounds) or deportable under 237(a)(1)(G) (marriage fraud), (2) (criminal grounds) (3) (failure to register and falsification of documents) or (4) (security and related grounds)

4. whose removal would result in exceptional and extremely unusual hardship to his/her spouse, parents, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

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