Mercado Law Firm

Central American immigrants that make up the Stations of the Cross Caravan that crossed Mexico and reached the Tijuana border “have the right to request asylum” and for an immigration judge to decide their future in the United States. The Office of Citizenship and Immigration Services (USCIS) recalls on its website that there are five reasons for asylum, being "persecution based on race, religion, nationality, belonging to a particular social group or political opinion."

Among the most commonly requested visa for U.S. entry is the K1 visa which is a nonimmigrant visa issued to the foreign-citizen fiancé or fiancée of a United States citizen for purposes of permitting the fiancé to enter the United States and marry his or her U.S. citizen petitioner (sponsor) within 90 days from arrival and to file the requirements for the adjustment of status.

K1 visas were created to eliminate unnecessary separations between a foreign-citizen fiancé and a U.S. citizen, which may be caused by delays in the usual processing of immigrant visas of the foreign fiancé.

While the asylum application procedures appear to be simple on paper, the overall legal process is actually quite confusing. Simple mistakes can occur with great repercussions, like when an asylum seeker who is already scheduled for an administrative hearing would end up appearing in the wrong venue or courthouse, which can result in being declared as a no show by the presiding judge, which leads to dismissal of the application.

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Special Immigrant Juvenile Status (SIJS) is an immigration classification available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents. SIJS is a way for immigrants under twenty-one to apply for and obtain legal permanent residence in the United States. There are very specific requirements for a child to qualify for SIJS, and the criteria are: 1. The applicant must be under 21 years old; 2. He/she must be unmarried; 3. He/she must be declared dependent in a juvenile court. 4. Reunification with one or both of the child’s parents must no longer be a viable option due to abuse, neglect, abandonment or a similar basis under state law; AND 5. It is not in the best interests of the minor to return to his/her country of nationality or last habitual residence.

Under VAWA, noncitizen victims of domestic violence, child abuse, or elder abuse may “self-petition” for LPR status without the cooperation of an abusive spouse, parent, or adult child. Victims may also self-petition if they are divorced as long as the marriage to the abusive spouse was terminated within two years of filing the petition, and there is a connection between the divorce and the domestic violence.

T Visa: Immigration Relief for Survivors of Sex or Labor Trafficking Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency, but they are a unique population with diverse and resource-intensive needs.

The U visa was created by the Victims of Trafficking and Violence Protection Act of 2000 to protect certain noncitizen crime victims who assist or are willing to assist in the investigation or prosecution of a criminal offense. A U visa grants the victim permission to live and work in the United States and may result in the dismissal of any case in immigration court filed against the noncitizen. Noncitizens with pending and granted U visa applications are eligible to receive a work permit. Applicants who apply for U visas from within the United States automatically receive work authorization when the application is approved. Family members included in the victim’s application are eligible to apply for a work permit if they are otherwise eligible to work. There are up to 10,000 U visas available each year for principal applicants. Spouses and unmarried children of U-visa applicants may also qualify to be included in the victim’s application.

Congress created Temporary Protected Status (TPS) in the Immigration Act of 1990. It is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and stay of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation. There were approximately 411,000 TPS recipients residing in the United States as of October 2020.

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are: Bill by the hour Contingent fee agreement Flat fee agreement Depending on your specific legal situation, it’s possible that only one type of fee structure is available.

If you are not a naturalized U.S. citizen, an arrest could jeopardize your green card or visa, putting you at risk of deportation. If you are arrested, it is important to speak with a criminal defense attorney who understands what will happen to your immigration status if you simply plead guilty. Accepting a plea deal could mean deportation.

For any immigration interview, such as for citizenship, a green card, or a visa, “failing” an interview” usually means that you will get another chance. However, if you fail again, the government will likely cancel your application. If you fail an interview, you should consider talking with an immigration attorney to better prepare and go over your options.