Scott’s New Era Immigration

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