Scott’s New Era Immigration

If you know someone who is out of status here in the United States and has been the victim of a crime, he or she may be eligible for a U Visa. U visas are available to foreign nationals or aliens who are in the United States  and entered without inspection (“EWI”) or  have overstayed an original visa grant.

U visas have even been considered and granted by U.S. Citizenship and Immigration Services (“USCIS”) based on the following scenarios.

• A foreign national who was in a common law marriage, and has two U.S. children with her common law husband. Her husband  is later killed. She is eligible for a U visa.

• Likewise, a client while working for an employer is involved in a robbery and assists in finding the escaped criminal is yet another example of someone who qualifies.

Qualifying Criminal Activity for U visas are listed in 8 C.F.R. Sec. 214.14.  U visas petitions require the filing of form  I-918 and a certification by the respective police department, amongst other requirements.  A U visa also entitles the individual to a workers’ permit, and the possibility of adjusting to a U.S. permanent resident.  If an individual or alien is in removal proceedings they may obtain temporary or permanent relief through the grant of a U visa.  U visas are complex and require representation by an experienced U.S. Immigration lawyer.

For further information, you may contact our office at info@scottcclaw.com or visit our website at www.scottcclaw.com where our telephone numbers are listed for your convenience.

ScottMond Law Firm

www.scottcclaw.com

Domestic Violence is one of the most difficult forms of abuse to face “head on” as it touches every aspect of one’s life, whether male or female.  It can leave an individual emotionally, financially, spiritually, physically and logistically paralyzed.  The issues of shame, codependency,  and fear for themselves or fear for their “victimizer” (whom they love or loved) makes taking necessary quick protective action seem distant.  However, a supportive network of friends, family, psychological counselors, legal counselors and spiritual support is the essential key to prevailing in receiving U.S. immigration benefits such as a Legal Permanent Resident Status (Green Card).

The legal tool used to assist non- U.S. Permanent Resident victims of domestic violence is the Violence Against Women’s Act  (“VAWA”).  The purpose of this article is to  briefly highlight some of the powerful benefits and issues surrounding filing a VAWA I-I-360 self petition.  It is essential to have a one-on-one consultation with an experienced immigration attorney to see how you or someone you know can benefit from the points mentioned below.

Whether One’s Illegal  Status In The U.S. Matters When Filing A  VAWA Application.

Even if a victim has crossed the border illegally without inspection, has a prior removal order in place against them, is unlawfully present in the United States, or has a record of multiple illegal reentries; if the abuse and/or extreme cruelty was one of the central reasons for being out of status the victim may indeed be eligible for VAWA benefits.

Is it Too Late to Self Petition through VAWA  if a Victim is Already Placed in Removal Proceedings?

No. One’s removal may be stopped.  In fact, special rules apply for Cancellation of Removal for victims of domestic violence which can stop the removal altogether while the I-360 VAWA application is being adjudicated.

Who Really Can Benefit from  a  Self Petition through VAWA?

The following individuals are eligible to self petition under VAWA:

• Spouse
• Intended Spouse
• Divorced Spouse
• Widowed Spouse
• Child under 21
• Parent of a Child Abused by USC or LPR
• Adult son or daughter
• Parent of an Abuser over 21
• “Child” until age 25 with showing that failure to file by age 21 due to abuse

What does One Need to Establish to be Successful in a VAWA Petition?

In order for an individual to have a successful VAWA application, the following factors at least have to be met:

• Extreme Cruelty and Abuse
• Credible Evidence has to be provided
• The Marriage had to have been entered into in good faith
• A demonstration of Good Moral Character for the Statutory Period
• Proof that the Victim Resided with the Abuser at some point.
• Proof of the Abuser’s Status in the U.S.
• The self-petitioning victim has been residing in the U.S.

Is There Any Way to Get Work Authorization If I, the Victim,  am Self-Petitioning or in Removal Proceedings

Yes. Certain Rules apply that allow U.S. Citizenship and Immigration Services to grant work authorization to individuals who are self petitioning through VAWA.

The above discussion only “scratches the surface” of what it takes to move forward with  a VAWA petition and be successful. Again, if you believe that you or someone you know is eligible for VAWA, your next step is to contact experienced immigration counsel.  If you have any questions please feel free to contact us at info@scottcclaw.com or call 703.261.6881 in VA, or 301.251.4003 in MD.

Visit our website at www.scottcclaw.com.

ScottMond Law Firm

The concept of a detainer is often hard to comprehend and accept.  What it means to an individual who is incarcerated in State custody, and his family is overwhelming and causes great grief when not immediately placed in perspective.  Not being able to get bond, or be released from jail after serving time is the harsh consequence of a detainer.

Overall, a detainer is placed by the federal government on a foreign national/non-citizen so that the state will hold them for a period as the federal government has a legal interest in the detained individual.

We hope by providing the following guidance directly from U.S. Immigration and Customs Enforcement (“ICE”) that our reader’s will better grasp the process of a detainer, and have some comfort.

Definition of Detainer: A detainer, issued on form I-247 is a notice that ICE issues to a Federal, State, and local law enforcement agency (“LEA”) to inform the LEA that ICE intends to assume custody of an individual in the LEA’s custody.  An immigration detainer may serve three key functions.

• Notify and LEA or jail that ICE intends to arrest or remove an alien in the LEA’s custody once the alien is no longest subject to the LEA’s detention;
• Request information from an LEA  or jail about an alien’s impending release so ICE may assume custody before the alien is released from LEA’s custody; and
• Request that the LEA maintain custody of an alien who would otherwise be released for a period not to exceed 48 hours (excluding Saturdays, Sundays, and holidays to provide ICE time to assume custody.

As a general matter, immigration officers should not issue detainers against an alien charged only with a traffic-related misdemeanor unless or until the alien is convicted, unless:

• The alien has a prior criminal conviction;
• The alien previously has been excluded, deported, or removed from the United States or allowed to voluntarily return to his or her country of nationality;
• The alien is the subject of an outstanding immigration warrant or is the subject of a final order;
• The alien is part of an existing criminal investigation;
• An articulable reason exists to believe that the alien presents a danger to national security or a genuine risk to public safety; or
• The traffic-related misdemeanor involved driving under the influence of alcohol or drugs, physical injury to a person or property, or flight from the scene of an accident.

Immigration officers should not issue a detainer unless an LEA or jail has exercised its independent authority to arrest the alien.  Immigration officers shall not issue detainers for aliens who have been temporarily detained by the LEA (i.e. roadside or Terry stops) but not arrested. This policy, however, does not preclude temporary detention of an alien by the LEA or jail while ICE responds to the scene.

Immigration officers are expected to make arrangements to assume custody of an alien who is the subject of a detainer in a timely manner and without unnecessary delay. Although a detainer serves to request that an LEA or jail temporarily detain an alien for a period not to exceed 48 hours from the time the LEA or jail otherwise would have released the alien (excluding Saturdays, Sundays, and holidays) to permit ICE to assume custody of the alien, immigration officers should avoid relying on that hold period.  If at any time after a detainer is issued, ICE determines it will not assume custody of the alien, the detainer should be withdrawn or rescinded and the LEA notified.

ICE shall timely assume custody of the alien if ICE has opted to lodge a detainer against an alien if any of the following categories:

• aliens who are subject to removal based upon certain criminal or security-related grounds set form in INAQ §236(c);
• Aliens who are with the “removal period,” as defined in INA §241(a)(2); and aliens who have been arrested for controlled substance offenses under INA §287(d).

Immigration officers shall take particular care when issuing a detainer against a lawful permanent resident (LPR) as some grounds of removability hinge on a conviction, while others do not (e.g. removability pursuant to INA §237(a)(4) and INA §237(a)(4) and INA §237(a)(1)(E).).  Although in certain instances ICE may hold LPRs for up to 48 hours to make charging determinations, immigration officers should exercise such authority judiciously and seek advice of counsel for guidance if the LPR has not been convicted of a crime.

The above guidance from U.S. Immigration and Customs Enforcement (ICE) is the general standard.  An attorney should be contacted ASAP  to ensure that your loved one is not moved out of state, to protect his or her rights, and to ensure that ICE is following it’s own guidelines and mandates.

Please contact our office with your questions or concerns. One of our attorneys will be happy to speak with you.

ScottMond Law Firm

(703)261.6881 or (202)296.0122

On August 20^th, 2010 U.S. Immigration Customs and Enforcement (“ICE”) issued a memorandum from Assistant Secretary John Morton that will make a non-citizen or alien who is placed in removal proceedings eligible for relief if they have a pending Petition for Alien Relative (“Form I-130 or petition”).

Basically, ICE and United States Citizenship and Immigration Services (“ USCIS”) will now work more efficiently together so that non-citizens placed in removal will either have his and/or her case expedited or dismissed without prejudice.  This would occur once ICE verifies that the individual is indeed eligible for the relief.

Detained individuals or aliens eligible for I-130 relief would seek to complete the adjudication of all applications and petitions referred by ICE within 30 days for detained aliens.  Once their are no adverse factors there should be prompt move to dismiss proceedings before the Executive Office of Immigration Review ( “EOIR”).

Undetained individuals or aliens would have their cases adjudicated within 45 days.   Where an underlying application or petition exists and ICE determines eligibility for relief from removal, the case should also be promptly dismissed with EOIR.

The memorandum sums up the standard of review as follows:

Only removal cases that meet the following criteria will be considered for dismissal:

• The alien must be the subject of an application or petition filed with USCIS to include a current priority date, if required, for adjust of status;
• The alien appears eligible for relief as a matter of law and in the exercise of discretion;
• The alien must preset a completed Application to register Permanent Residence or Adjust Stats (Form I-485), if required; and
• The alien beneficiary must be statutorily eligible for adjustment of status ( a waiver must be available for any ground of inadmissibility).

For more information you may contact our office at info@scottcclaw.com or call (703)955.7998.

ScottMond Law Firm

www.scottcclaw.com

A knock at the door and the dreaded happens.  All you can think of is why me?  An Immigration ICE official is at the door searching for you or your family member/friend. You knew your visa had expired and with valid reason.  You ran out of money for school, you can’t return to your home country where it is hopeless, destitute and no future exists for you at this time.  Plus all your family or friends may be here in the United States. Nonetheless, here you are caught with an ICE official at your door who wants you to surrender yourself and your travel plus visa documents.  Although you may have a good reason, U.S. Immigration laws are very strict regarding overstaying visas or falling out of status.

Cooperating with the ICE official is the first essential step in resolving your immigration status problems. Do not resist them for any reason, but promptly retain good aggressive immigration counsel.  Foreign Nationals are usually immediately detained, but can be released in as short as 24-48 hours with bond being arranged by immigration counsel.

Determining whether you have good immigration relief is the first step of immigration counsel. There are several immigration waivers and cancellation of removal may be available even if  you have a criminal record or encounters with the law on your record.

The overall process starts with an ICE officer coming out.  They usually ask that you appear the next morning, or may take you into custody the same day.  Once they process you, your attorney through DRO or Immigration court will arrange for bond.  Next a Notice to Appear  (NTA) is issued and you may be detained at an Immigration Facility until bond is paid.  In Virgina, Hampton Roads and Rappahannock Regional Jail are the standard facilities used.  Others are currently being opened.  Having an attorney enter there appearance through a G-28 helps to ensure you are not transferred to another state.  Finally, a court date is set and an immigration judge will then set a date once your immigration relief is identified.

For further information and questions please call (703)955.7998 or email glendiar@scottcclaw.com

Glendia Rice-Mondesir

Attorney-at-law