Visa Lawyer Blog

Articles Posted in Deportation & Removal

by

imagePresident Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014.

2014 was a big year for immigrants for several reasons:

  • AB 60 California Driver’s License Applicants: Beginning January 01, 2015 undocumented immigrants can start the process of obtaining their driver’s licenses under AB 60 at their local DMV field office
  • Executive Action: Beginning February 2015, eligible applicants can apply for the expanded DACA program which shields undocumented individuals from deportation who were brought to the United States illegally as children, our office will be providing you with further updates early this year
  • Beginning May 2015 eligible parents of U.S. Citizens and lawful permanent residents can apply for deferred action thereby protecting them for deportation and allowing millions of parents to be eligible for employment authorization

Continue reading

by

15364657104_dd44282c03_o

Jose came into our office yesterday.  He had been here before.  About a year ago he came in to have a consultation with us and it seems we didn’t have the “right” answers that he wanted to hear.  This led to Jose searching for what he really wanted to hear.

For the past year, Jose has visited several immigration attorneys to confirm the information we had already given him.  The answer was always the same; except one day he found one attorney who gave him hope.  Unfortunately, the attorney took his hope, his money, and didn’t do anything to help.

We hear this story often and there isn’t a week that goes by where we don’t see a person who has entrusted their life and their savings to an inexperienced attorney, or worst yet, to an unscrupulous attorney or immigration consultant.  There are times that we have to give people the bad news – that there is nothing that can be done to help them.  The person is usually devastated and in their desperation will state “I’ll find a better attorney and he will be able to help me.”  The truth is, if you search for the answer you want to hear, you will always find someone who are willing to help you; that is they are willing help you be separated from your money – leaving you hopeless.

Continue reading

by

4097702175_2000b12d31_z

President Obama’s executive order is looming on the horizon, as part of an alleged 10 point plan the president plans to announce as early as Friday, November 21. According to a draft proposal released by a U.S. government agency, the plan may suspend removal proceedings for millions of undocumented immigrants who came to the United States as children, as well as parents of U.S. Citizen children residing in the United States illegally, and parents of green card holders, by allowing them to benefit from a reprieve that will expand deferred action for these individuals. Among its 10 initiatives, firstly, the plan proposes to bolster border security, secondly, to improve pay for immigration officers, thirdly, to provide a 50% discount to the first 10,000 applicants whose income levels are below 200% of the poverty level in order to encourage participation, fourthly, to establish a program designed to stimulate the tech industry which could potentially offer millions of immigrants and their dependents a path to citizenship, and lastly, to prioritize removal proceedings on the basis of the severity of an immigrant’s criminal history, calling an end to the program known as ‘Secure Communities.’ This 10 point plan makes anyone who entered the United States before turning 16 and before the date of January 01, 2010, eligible for naturalization. Such a plan would thereby suspend deportation for millions of undocumented immigrants.

The proposal has not yet been announced, we would like to inform our audience to please be wary of fraudulent schemes. At this time ONLY preliminary information has been released.

Please continue to follow our blog for further updates, for more information please contact our office.  It is our goal to provide you with the most up to date immigration reform developments.

by

6886069226_c51dae64e0_z

According to new reports released by the U.S. Border Patrol, the surge in Central Americans crossing into the United States is dropping at an alarming rate—approximately 60% fewer unaccompanied minors were apprehended during the month of August, in comparison to the summer months, a time when the migration crisis was in full effect in Central America. These unaccompanied minors make the perilous trek north from their Central American countries due to the violence they have encountered right at home.

The report suggests that the primary reason for the sudden drop is owed to the Mexican government’s crackdown on Central American immigrants. According to the report, increasing pressure on Mexico to instill effective deterrents has resulted in increased arrests and deportations of thousands of Central Americans, making it harder for such migrants to reach the American border.

Bowing to American pressure, the Mexican government recently announced a plan to militarize the southern border by placing federal forces along it. As part of these plans, the government will be setting up interior checkpoints, whereby authorities can inspect buses and vans carrying passengers into northern Mexico. Setting up checkpoint will also allow the authorities to ID passengers and question them. Additionally, Mexican authorities have forbidden migrants to board the infamous lumbering freight train known as ‘La Bestia,’ or the Beast in English. Many Central Americans and children have died while attempting to board such freight trains bound for the United States border. What does this mean for Central American immigrants journeying north? A longer and more dangerous journey ahead of them. According to the Mexican interior ministry, since the crackdown, approximately 30,000 Central Americans have been apprehended and sent back home; 20,000 of which were minors. Central Americans who have sought shelter from authorities in Mexico say that they are afraid of being turned in by Mexican authorities, according to news reports by NPR. Pro-immigrant activists argue that the work being done by Mexican authorities should be done by United States authorities which are better staffed and have better resources. Moreover, they argue, that despite the crackdown, nothing has changed in Central America. Central American countries remain impoverished, and innocent children are left to suffer the consequences of living in a country where impunity and violence run rampant. These critics argue that much more must be done and the issue is much more complex than the American and Mexican government are admitting. Critics insist that the issue is bilateral and humanitarian in nature. Congressional oversight will be necessary to tackle the issue.

Continue reading

by

5376966004_8d13877cc2_z

By Lupe Lopez

Rosario and her son Alan came into our office a few weeks ago.  Rosario had entered the country without inspection (illegal entry) many years ago.  Her son Alan was born in the United States and just turned 21.  They came in hoping that Alan would be able to help his mother obtain her green card.

We asked Rosario the usual questions.  When and how did you enter the U.S.?  Have you ever been detained or deported?  Have you committed any crimes in the U.S. or in your country?  The list goes on.  We first need to determine if Rosario will be admissible to the U.S. before we begin any paperwork.

Continue reading

by

8128488258_ce420104bb_z
Jose Antonio Vargas has quickly become the face that has humanized the struggle for immigration reform. Unlike other immigrants, Jose is a Pulitzer Prize winning journalist, Washington Post reporter, activist, and the founder of an immigration awareness campaign called ‘Define American’. Back in June of 2011, Vargas courageously revealed to the world that he was undocumented in a column he wrote for New York Times magazine. In it he describes what his move to the United States was like, the lengths he went to as a child to fit in to the American lifestyle, and what it has been like residing in the United States unlawfully. Jose’s journey to the United States began much like that of any other immigrant. He was smuggled into the United States from the Philippines when he was only 12 years old by an individual he believed to be his relative. Once in the United States, Vargas was raised by his hardworking grandparents who afforded him a better future. From the outset, his upbringing in the bay area of San Francisco appeared to be much like that of any other American child.

It was not until he made a visit to the DMV to obtain his driver’s permit that he realized the green card he was given by his grandfather was in fact fake when he was told by the woman at the DMV window not to come back there again. For years, Jose Antonio Vargas has dedicated his life to standing in solidarity with the thousands of undocumented immigrants residing in the United States illegally. He has done this by serving as the voice of the undocumented, attending hundreds of conferences and speaking engagements, in addition to writing as a distinguished columnist.

Up until July 15th Vargas was able to advocate for the plight of undocumented immigrants without being apprehended despite constantly being in the public eye. A few days prior to July 15th Vargas appeared at a shelter housing Central American children and refugees and attended a vigil to honor them near the Rio Grande Valley. His presence in the region was meant to call attention to the humanitarian nature of the subject. In order to attend the event, Vargas crossed the McAllen, Texas TSA checkpoint, an area known to be highly secured and militarized. Vargas had not given much thought to the possible risk of being detained once he would return to the United States through the same checkpoint. According to the Department of Homeland Security Vargas was detained once he told TSA officials that he was residing in the country illegally. He was then taken to the McAllen Border Patrol Station and was given a Notice to Appear before an immigration judge. He was released within the same day after speaking with Immigration and Customs Enforcement officials. Unfortunately for Vargas, until comprehensive immigration reform is passed, he will continue to be forced to live under the radar. Vargas was not able to qualify for the Dream Act or for DACA, because his age did not meet the cutoff age as required by law. Shortly after being released Vargas issued a statement saying that the undocumented are constantly having to live in fear as a result of the failure of Congress and President Obama to act and bring about a viable solution to the problem. Jose Antonio Vargas challenges Congress to act by asking them the question: how do we define American?

Continue reading

by

7512877940_2720e3be12_z
On July 19, 2014 the Federal Bureau of Investigation’s San Antonio Office issued a press release discussing fraudulent attempts made by con artists targeting the families of unaccompanied children—mostly from Central America—coming to the United States through the Rio Grande valley and Tucson border. According to the press release, these con artists operate by making themselves appear as credible entities and reaching out to the family members of unaccompanied children, seeking payment in exchange for what the families believe will cover travel and legal expenses that will allow the children to be reunited with them. These plots are deceptive and fraudulent. The San Antonio FBI office confirmed that on July 18 two fraud schemes of this sort occurred via telephone. In one instance the perpetrator(s) disguised themselves as a charitable/non-profit organization aimed at reuniting unaccompanied children with their families. Another perpetrator disguised themselves as a reputable business organization from San Antonio. According to San Antonio FBI, the payment amounts demanded by these illegitimate sources ranged from $300.00 to several thousand dollars. The press release seeks to inform the public of these occurrences and encourage the public to be extremely cautious when receiving such a request. The FBI San Antonio Office has warned the public that fraudulent schemes such as these are abound especially in instances of crisis and natural disasters. The public should be extremely wary in such times. If you have been the victim or know someone who has been a victim of such a crime contact your local FBI office.

In general to protect the public from being victimized the press release provides several guidelines:

  • Be skeptical of individuals representing themselves as officials asking for payments or donations door-to-door, via phone, mail, e-mail or social networking sites.
Continue reading

by

5739974254_54e246c823_z
The rise in the number of unaccompanied children crossing into the United States illegally has dominated talks between lawmakers, pundits, political analysts, and humanitarian organizations, all of whom have a stake in bringing about comprehensive immigration reform. According to reports by the New York Times, since the month of October, over 50,000 children have been caught crossing the United States border illegally; a number that is double the amount of children who crossed illegally in 2013. This issue has become a point of contention not just for pro-immigration reform advocates, but has also transformed into a humanitarian issue worthy of continued debate, due to the dangerous nature a child succumbs to in making the dangerous trek to the United States unaccompanied and vulnerable.

Where are these children coming from you might ask? The vast majority of these unaccompanied children are coming from poverty stricken towns across El Salvador, Guatemala, and Honduras, which are also notorious for their violence. The New York Times reports that unaccompanied children from Mexico make up less than a quarter of the total amount of children coming to the United States illegally. The increase in the number of children crossing into the United States illegally began in 2012. Of the children that were apprehended, more than 70% were caught crossing through the Rio Grande Valley in Texas, while only 13% were caught crossing through Tucson, Arizona.

Though experts have continuously debated the reasons why these unaccompanied children are coming to the United States, most agree that there are various factors which drive these children to escape the conditions in their country: poverty, violence, and the desire to re-unite with their families. Among the countries mentioned, Honduras boasts the world’s highest murder rate. Children coming from Guatemala and El Salvador tend to come from very poor and rural towns. Some of the problem may lie in the fact that previously, minors who were detained were not immediately deported. This may have led many Central Americans with the perception that the Department of Homeland Security would allow these children to remain in the United States.

Continue reading

by

7450062082_08d8fbac32
The Los Angeles Times recently released an article which discusses a new policy taken by the Obama Administration and Department of Homeland Security. The new policy aims at limiting deportations by making small, but significant changes to a program which started under the George W. Bush administration called Secure Communities.

Secure Communities

Secure Communities was created for the purpose of coordinating cooperation between federal immigration authorities and local law enforcement. The program allows federal immigration officials to request to utilize city and town police officials, as well as detention facilities to facilitate removal proceedings for immigrants found to be in the United States unlawfully.

Continue reading

by

First time visitor at our office? We have you covered on what to expect during your first visit in 5 easy steps.

Newclientsblog_zps6445fb31
Our Clients

Since every client’s case is truly unique, it is important for our potential clients to attend their free consultation, where a member from our team will explain the appropriate legal process that should be taken, in addition to answering all of their questions and concerns. Please contact our office to schedule an appointment for an in person or phone consultation at (619) 819-9204 or Toll Free at 1-866-488-1554

Continue reading