How Do I Begin The Appeal Process In Florida? To begin the appeal process in Florida after a denial of a Cancellation of Removal application, you need to follow these steps: File A Notice Of Appeal (Form EOIR-26) This form must be submitted to the Board of Immigration Appeals (BIA) within 30 days of the immigration judge’s decision. Specify Reasons For The Appeal The Notice of Appeal must outline the legal grounds for the appeal, focusing on any potential errors made by the Immigration Judge in their decision. Pay The Filing Fee Or Request A Fee Waiver A filing fee is required unless you request and qualify for a fee waiver. Make sure to submit this with your appeal form. Once filed, the BIA will review the case and can either uphold, reverse, or remand it back to the Immigration Judge for further consideration. What Are Common Reasons Cancellation Of Removal Applications Are Denied? Common reasons for the denial of cancellation of removal applications include:…Read More
Who Qualifies For Cancellation Of Removal In Florida? To qualify for Cancellation of Removal in Florida, you must: Have been continuously physically present in the U.S. for at least ten years (measured from the date of the Notice to Appear, if applicable). Demonstrate good moral character for the last ten years. Not have been convicted of certain offenses, including those listed in INA sections 212(a)(2), 237(a)(2), or 237(a)(3). In addition to these criteria, your deportation must cause exceptional and extraordinarily unusual hardship to your U.S. citizen or lawful permanent resident child, spouse, or parent. What Documents Must I Submit For A Cancellation Of Removal In Florida? To apply for Cancellation of Removal in Florida, you’ll need to submit the following documents: Form EOIR-28 (Notice of Entry of Appearance as Attorney or Representative). Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents). Receipt of Form EOIR-42B (proof of application submission). Biographical documents such as a passport, ID, driver’s license, and…Read More
On May 10th, 2023, Governor Ron DeSantis Signed Senate Bill 1718 Into Law. What Is Florida Senate Bill 1718? On May 10, 2023, Governor Ron DeSantis signed Senate Bill 1718 (SB 1718) into law. This made for one of the strictest immigration measures enacted at the state level in the U.S. SB 1718 was introduced in response to concerns about illegal immigration and perceived shortcomings in federal border policies. The law officially took effect on July 1, 2023, and introduced several significant provisions targeting undocumented immigrants and employers. Key elements include: Mandatory Use Of E-Verify Employers are now required to use the E-Verify system to confirm the immigration status of their workers. Failure to comply with this can result in penalties ranging from fines to suspension of business licenses. Penalties For Transporting Undocumented Immigrants The law also makes it illegal to knowingly transport undocumented immigrants across state lines, imposing strict penalties on those found in violation. Invalidation Of Out-Of-State Driver’s Licenses SB 1718 invalidates any…Read More
What does the Credible Fear Interview entail in the United States? The credible fear interview is essential in the US immigration system to assess if asylum seekers genuinely fear persecution or torture upon return to their home country based on race, religion, nationality... This article offers a detailed guide on the interview process, covering common questions and support services from organizations like Serving Immigrants. The Interview Eligibility Requirements For the credible fear interview to be approved, the applicant must demonstrate being at risk of sexual abuse, physical harm, or other significant harm. The Biden Administration justifies these restrictions by arguing they will benefit those with legitimate claims of protection while attempting to reduce the impact of unfounded applications that congest the system. The United States Citizenship and Immigration Services (USCIS) considers "credible fear of persecution" as a real possibility that the applicant will face persecution if returned to their country, based on reasons such as race, religion, nationality, membership in a particular social group (including discrimination…Read More
Introduction of the Initiative Starting on August 19, 2024, the application process for the program announced by the Joe Biden administration will open, which offers the possibility of settling status for some spouses of American citizens without having to leave the country. In the program, which was announced in July, each case will be evaluated individually. Eligibility criteria include demonstrating continuous residency for at least 10 years prior to June 17, 2024, being present in the U.S. without admission or temporary presence permit, not posing a security threat, and being in a valid marriage to a US citizen before June 17, 2024. Addressing Challenges The new parole program tackles these challenges by allowing eligible individuals to apply for adjustment of status within the U.S., thus eliminating the requirement to depart the country for visa interviews, which could otherwise trigger extended reentry bans. Importantly, even if the program is suspended or reversed in the future, individuals granted parole will retain a pathway to pursue lawful permanent…Read More
Civil rights groups, including the American Immigration Council (AIC) and the American Civil Liberties Union (ACLU), have filed a federal lawsuit to block a new anti-immigrant law in Iowa. This law, known as SF 2340, permits state police to arrest undocumented individuals who have previously been denied entry to the U.S. or deported. The lawsuit, filed on behalf of the Iowa Migrant Movement for Justice and the immigrants it aids, aims to prevent the law from taking effect on July 1. The controversial law creates new offenses for anyone, including children, who reenters the U.S. after deportation, even if they are authorized to remain in the country. Legal experts from AIC and ACLU argue that the law conflicts with federal law and could have severe consequences for Iowa residents. The U.S. Department of Justice has also warned that it might sue Iowa, claiming the state law violates the U.S. Constitution by creating a separate state immigration scheme. Governor Kim Reynolds has defended the law, asserting…Read More
Asylum seekers in the United States face a constantly evolving legal landscape, and recent regulatory adjustments have made the process even more challenging. Our firm is dedicated to assisting those in need of protection by staying abreast of the latest rule changes and how they affect asylum claims. The Department of Homeland Security and the Department of Justice have jointly issued new rules intended to streamline asylum procedures. These changes include tighter deadlines for filing applications, modified criteria for initial screenings, and new guidelines for immigration judges that could expedite court proceedings but may limit thorough case examination. The new regulations aim to reduce the backlog of cases and ensure that genuine asylum seekers receive protection more swiftly. However, they also raise concerns about due process and the ability of asylum seekers to adequately prepare their cases. Our team is committed to providing the most current and effective legal representation for asylum seekers affected by these changes. With expert knowledge and compassionate guidance, we help…Read More
The EB-2 visa category, a preference for professionals holding advanced degrees or individuals with exceptional ability, includes an option that can bypass the labor certification process: the National Interest Waiver (NIW). Recent updates have made this pathway more accessible and defined, particularly beneficial for entrepreneurs, researchers, and those in STEM fields. A significant development that has recently come to light involves the U.S. Citizenship and Immigration Services (USCIS) refining the adjudication process for NIW applications. This change stems from a need to align with modern advancements in various industries and to support national interests more effectively. The core criteria for an EB-2 NIW remain the same, requiring applicants to demonstrate that their work has substantial merit and national importance, that they are well-positioned to advance their proposed endeavor, and that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. However, the recent policy updates have clarified these requirements, making it slightly easier for applicants to…Read More
The USCIS I-130 Form is a family-based immigration document filed by a U.S. Citizen or LPR to establish a relationship with a relative or family member living abroad who may qualify for a family petition visa. It is the first step in the family-based immigration process. Form I-130 proves the existence of a familial relationship and is a necessary component of the green card application. The I-130 petition must include specific information about the petitioner and the beneficiary. The petitioners must provide documentation of their citizenship or permanent residence status and the relationship shared with the beneficiary. Additionally, the beneficiary must provide proof of identity and other documents requested by the USCIS. These documents may include: Birth certificates Marriage certificates Passport Adoption papers Citizenship ID from the foreign country The USCIS reviews the I-130 petition and decides if the relationship meets the criteria for a family-based green card or visa. If the petition is approved, the beneficiary will be eligible to apply for a family-based…Read More
Immigrants who come to the United States do so with one goal in mind: to live the American Dream. Becoming a U.S. citizen is a significant achievement for immigrants who have made the United States their home, and want to keep it that way without fearing deportation. Applying for American citizenship provides individuals with the opportunity to have a voice in their government, participate in civic life, and enjoy the full rights and benefits of being an American citizen. The process to become a U.S. citizen may be challenging, but here, we will explore the basics, including the eligibility requirements, the naturalization process, and the benefits of becoming a U.S. citizen. What Is The Difference Between “Citizen” And “Permanent Resident”? A citizen and a permanent resident have different legal statuses in the United States legal system. A citizen is someone born in the United States or who has gone through the process of obtaining U.S. citizenship. A citizen has the right to vote, run for…Read More