With all the rhetoric going on about amnesty for immigrants put out by the White House and supported by President Barack Obama, it still may be months if not years before the “memo” works its way through the court systems and becomes a reality. Does that mean there is no hope for those immigrants whom entered the country without inspection? Not necessarily.
Many of the privileges that apply to immigrants who came to this country on a Visa or some other legal means may not apply to those suspected of entering the US illegally. But there is still hope for those who did not pass inspection, are good people, work hard and either have made this country their home or want to make it their home. Many immigrants are under the impression that if they have children in this country, and the children turn 21, they can apply for their parents to have legal residency. It is not so easy. In some cases, an immigrant may qualify for counselor processing if they have a “qualifying relative” who could file a waiver on their behalf. A “qualifying relative,” unfortunately cannot be their child but rather must be a spouse or parent.
There is another possible exemption for parents, however, under section 245i a provision of the Legal Immigration Family Equity Act (LIFE Act) in certain cases. First, the parent must qualify for admission under sections of the Immigration and Nationality Act, which deals with inadmissibility. The parent must never have been deported or given voluntary departure and then re-entered the United States although a waiver may be possible if they entered the country with fraudulent documents and were caught at the border. One must never have committed a crime in this country. Because there are so many other factors that determine a parent’s eligibility it is important to talk to a professional immigration firm like Cruz Law Offices to help with the process.
The key to using section 245i of the immigration code is that someone must have filed a petition on your behalf prior to April 30, 2001 for you to have permanent residency in this country. Perhaps an
immigration attorneys in san diegoWhen it comes to choosing immigration attorneys in San Diego, or anywhere else for that matter there are obviously many choices and we know that. Today many lawyers, like doctors and other professionals, specialize in certain areas of the law. Our specialty, and one of which we are very proud, is US Citizenship and Immigration services. There is a reason we chose this particular area of the law. The head of our office, attorney Narciso Delgado-Cruz was born in Mexico and migrated to the United States with his family legally in the 1980’s. But because of the hardships endured by Mr. Cruz and his parents during the naturalization process, he became motivated to become an attorney so he could help others avoid what he and his parents had encountered.
By now his deep-seated interest in migration and helping families, businesses and individual immigrants realize their dream in becoming American citizens, has given him and his law firm the experience needed to help people achieve their goal. Among some of the many immigration policies practiced by his office is “The Dream Act“, signed by President Barack Obama in 2012. A call for deferred action against certain undocumented immigrants who entered this country illegally as children but have sense pursued either education or military service. Their deferred status allows them to apply for a work permit for a two-year period. The following is the necessary criteria to apply for permits:
They have to prove they arrived in the US under the age of 16
They must have resided in the US from June 15, 2007 to present
Entered the United States without inspection before June 15, 2012, or had lawful immigration status expired as of June 15, 2012
Physically present in the United States on June 15, 2012, and at the time of making the deferred action request
Currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces
Have not been convicted of a felony, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety
There are those who have other issues to worry about, for instance being deported. The Cruz Law Firm understands the physical and emotional stress involved with having to leave perhaps the only country they have ever known. We are experienced in fighting for our clients and providing them with the best legal representation in the County. Because of our experience, professionalism and contacts within the immigration system we are in a position to provide our clients the best representation available. These are some of the reasons a client may need a defense for deportation:
The client has entered the country illegally
They neglected to get a proper Visa
They have stayed beyond their allotted time
The client is accused or have in fact committed a crime such as DUI, driving with no license, domestic violence, drugs, etc
There is crime in every country including the United States. In 2000, there was the introduction of the U Visa, which entitled non-US citizens to be afforded certain protections if they had become a victim of a crime. The Cruz Law Firm is very familiar with this act and defends any victims vigorously if they qualify.
We all hear of the green card awarded by the United States to those immigrants wanting to reside permanently in the United States but maintain their own citizenship. A good law firm can make this process a lot smoother than trying to do it alone.
When it is time and the client is ready, we can help with the Citizenship and Naturalization process necessary in helping them become a full United States resident.
On November 20, 2014 Obama introduced DAPA (Deferred Action for Parents) which temporarily protects the parents of their children who, by law, became United States Citizens when they were born in this country. Not only does it defer deportation for the parents, but it allows them to apply for permits to legally work in the US during this temporary period.
If you or any family member has any kind of immigration issues, regardless of nationality, the Cruz Law Firm can help. Do not try to fight US government bureaucracy alone. Join the winning team and let them shoulder the burden. Read About Immigration Assistance in Spanish.
old employer, friend or family member began the process and never followed through.
Sometimes this takes a jogging of the memory since many years may have passed since an event like this occurred. Sitting down with professionals at the Cruz Law Firm and submitting to complete and through questions about your background may be the answer to your prayers. In that case, it will not matter what the courts decide about the current Executive order. More on Immigration in San Diego Spanish.