Immigration 101

DEPORTATION DEFENSE

ABOUT REMOVEL DEFENSE

Deportation is usually referred to as “removal” and occurs when the Federal Government removes an immigrant from the United States for violation of immigration or criminal laws. Once deported, an immigrant may lose the right to return to the United States, even as a visitor. There are many circumstances that could lead to removal.

The most common reasons immigrant or foreign visitors are deported include:

• Felony or misdemeanor criminal convictions
• Immigration Violations
• Visa or Green Card Expiration
• Employment Violations
• Immigration Fraud
• Final Order of Removal/Deportation after denial of asylum; or
• Failing to depart after a grant of voluntary departure.

How can I avoid deportation?
There are many strategies we can use to help you avoid deportation. The INA helps us request relief during an individual hearing in immigration count, such as:

• Adjustment of Status
• Cancelation of Removal
• NACARA
• VAWA
• CAT
• Asylum
• Withholding of removal
• Voluntary Departure
• DACA
• Motion to Reopen or Reconsider
• Motions to Terminate

At the law offices of Christi J. Giddeon, we will provide effective and aggressive deportation defense for you. I understand the fears, worries, and stress you and your family experience when faced with deportation. I am dedicated to helping you fight deportation from the United States, and making sure that the appropriate petitions, documents, waivers, motions, and appeals are filed on time for your case.

APPEALS

ABOUT IMMIGRATION COURT APPEALS

Christi Giddeon successfully represented her client before the 10th Circuit Court of Appeals in the landmark case:

https://www.ca10.uscourts.gov/opinions/14/14-9541.pdf

Our firm handles appeals to the Board of Immigration Appeals as well as Appeals in the Circuit Court for the 10th Circuit of the United States.

Immigration appeals are requests to different authorities to review unfavorable decisions made by immigration judges. Typically, you must file an appeal with the USCIS Administrative Appeals Office or the Board of Immigration Appeals. These two entities have jurisdiction over different types of immigration cases.

Immigration Appeals Through The Administrative Appeals Office

The USCIS Administrative Appeals Office, or AAO, hears cases related to:

• Adjustment of Status applications
• Applications for Temporary Protected Status
• Employment-based visas
• Investment-based visas
• Orphan, religious worker, juvenile and special immigrant petitions
• Temporary labor, services or training petitions

The AAO does not always hear oral arguments. Instead, the office relies on written briefs to make decisions. Many attorneys have successfully won appeals through the AAO by making persuasive arguments in written briefs.

Appeals Through The Board Of Immigration Appeals

The Board of Immigration Appeals, or BIA, hears cases related to:

• Bond adjudication by immigration judges
• Removal (deportation) proceedings
• USCIS denials of I-130 immigrant petitions

 On appeal, the BIA usually limits its review to a written brief. If the BIA affirms the immigration judge’s decision, your attorney may still be able to petition for review with a Circuit Court of Appeals.

Appealing To The U.S. Circuit Court Of Appeals

If you have been denied a petition by an immigration judge and appealed it with the BIA, your lawyer can petition the U.S. Circuit Court of Appeals for a review. For most cases, the Circuit Court of Appeals is the last stop.

The Basics Of An Immigration Appeal

Time is of the essence when appealing an immigration decision – in most cases, you only have 30 days after receiving the decision to file your immigration appeal.

Many clients find it beneficial to work on their appeal with a law firm that did not handle the original case. A new perspective may provide helpful insight with a new strategy to approach the appeal.

The reality is that judges can make mistakes or fail to appropriately consider all of the evidence in an immigration case. We can assess your unique situation and determine whether an appeal is the right choice.

What About Criminal Convictions?

Immigrants convicted of crimes can be placed in removal proceedings. That means deportation is on the horizon. However, if you have a solid defense for your case and a good immigration attorney, you may be able to ask the court for your release from detention or ask DHS - The Department of Homeland Security- to exercise favorable prosecutorial discretion. If you are ordered to leave the country, your lawyer can appeal on your behalf – challenging the ruling with the next higher authority in hopes of getting you the best possible outcome.

Mandamus, APA And Habeas Corpus Actions

There are three terms you may hear – and need to understand – during the course of your immigration case:

• Mandamus action. Mandamus actions are legal tools to help immigrants whose cases have stalled within USCIS.
• APA action. APA actions fall under the Administrative Procedure Act – a federal law that allows people to challenge an immigration agency’s arbitrary actions. This can come into play if an administrative agency involved in your case has made a decision that’s not supported by current immigration law or when the agency has not considered all the facts.
• Habeas corpus action. Habeas corpus actions can help immigrants who have been excessively detained while their cases are pending.

How Are Motions Different From Appeals?

 Like appeals, motions to reconsider and reopen allow citizens and immigrants to ask a judge or an immigration officer to review his or her decision. But unlike an appeal, which is filed with the Board of Immigration Appeals (BIA), these motions are filed with the same judge who made the original decision. A motion to reconsider must be filed within 30 days of that decision, and a motion to reopen must be filed within 90 days .

When your attorney files a motion to reconsider, he or she will use the facts of your case to show one of two things:

• The decision was based on an incorrect or improper application of law or immigration policy
• The decision was incorrect based on evidence presented in the case

When your lawyer files a motion to reopen a case, he or she will ask the government to consider new facts or changed circumstances (either of which has occurred since the decision was made).

When Can You File An Immigration Appeal?

In order to file an immigration appeal, you must be eligible to do so. Usually, you have 30 days from the date of the decision. If you wait longer, your request to appeal could be denied. In some cases, such as the revocation of the approval of a petition, you must appeal within 15 days of the decision. (If the decision is mailed to you rather than physically handed to you or your attorney, the court will give you an additional 3 days to appeal, which gives you 33 days if your petition was denied and 18 days if your approval was revoked.)

The court’s written decision will tell you how long you have to file an appeal, but remember, there is no way to extend the deadline.

Where Do You File Immigration Appeals?

 If you plan to appeal the Board of Immigration Appeals' decision, you must file your appeal through the appropriate channels. Many people choose to work with an immigration attorney who understands the process and can guide you through it. Your attorney will know where to file an appeal based on the type of case you have.

A denial or negative decision in your immigration case can be disheartening – but it doesn’t mean you have run out of options.

Immigrants who appear before immigration judges are often seeking asylum or citizenship. Unfortunately, some judges make decisions that doesn’t seem to match the circumstances and end up deporting immigrants through removal proceedings or denying them asylum or citizenship. If you feel that an immigration judge has denied you something you deserve, you may be able to file an appeal and have another chance at obtaining your desired outcome.

At Christi J Giddeon, PLLC, we offer aggressive strategies when appealing immigration decisions. We understand that you have a lot on the line – and we want to help you achieve a favorable resolution. Our immigration appeals attorneys in Oklahoma deliver high-quality representation and take the time to get to know each client so that their service is truly personalized.

ASYLUM

ABOUT ASYLUM CLAIMS

If you have a fear of returning to your country of origin and you are afraid for the safety of yourself or your family, you may be able to obtain lawful status in the U.S. through a grant of asylum. This holds true if your fear is based on one or more of several different reasons, including: race, gender, religion, nationality, sexual orientation, political beliefs, and membership in a particular social group.



In addition to asylum, we can also help you apply for protection from return to a country in which you fear harm by seeking:

• Withholding of Removal
• Convention Against Torture
• Temporary Protected Status

FAMILE-BASED IMMIGRATION

ABOUT FAMILY-BASED IMMIGRATION

Family-based immigration visas allow immigrants to become permanent residents of the United States through a family member who is already lawfully residing in the country. The first thing that you should consider when making this decision is if your loved one is coming for a visit or if they want to stay. Knowing this information will help us determine the order in which the process will be most effective.

Temporary Processing

The following methods are used when your loved one is coming to the United States for a visit:

• B2 Visitor for Pleasure
• K1 Fiances
• K3 Visitors Spouse
• K4 Visitor Child
• V Spouse or Child of Permanent Resident

These visas can be processed relatively in less time that an application for permanent residency.

Permanent Processing

The U.S. government has set limitations on the number of persons who can apply for a family member based on the petitioner’s status and the relationship between the petitioner and the foreign family member.

How do I become a Permanent Resident?

You can become a Permanent Resident by applying for adjustment of status in the United State, or by applying for consular processing outside the United States.

What is our promise to you?

I believe that family should stick together, and when given the opportunity for a loved one to benefit permanent residency through a family member it should be taken. I will work diligently in helping you and your loved one achieve the ultimate goal of being in the United States whether it may be temporarily or permanently.

DEFERRED ACTION:

What is Deferred Action for Childhood Arrivals? (DACA)

DACA is a discretionary decision by the Department of Homeland Security not to pursue enforcement against someone for a specified period of time. It was issued on June 15, 2012, and its objective is to protect those who are in this country illegally and are subject to deportation for the duration of the deferred action. This deferred action grants certain young people an employment authorization document good for two (2) years as well as two (2) years of deferral of any action by the federal government against them. It is a variation of the DREAM Act, which has not yet been signed into law. A grant of deferred action can be renewed of terminated at any time.

How do I know if I am eligible for DACA?

To establish your eligibility for DACA under the new memorandum, one must submit verifiable documentation establishing that one:

1. Arrived in the United Sates before your 16th birthday;
2. Have continuously resided in the United States from June15th, 2007 to June 15th, 2012;
3. Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are honorably discharged veterans of the U.S. Coastal Guard or the U.S. Armed Forces;
4. Be under the age of 31 as of June 15th, 2012;
5. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanors, or otherwise post a threat to national security or public safety.

What is our promise to you?

We have successfully helped many eligible people obtain this benefit. We understand the importance and delicacy of each case, and we are committed to doing everything within our means to help you achieve your dreams in the United Sates.

SIJ’s:

What is Special Immigrant Juvenile Status (SIJS)?

SIJS is a humanitarian immigration status that leads to a permanent visa for abused, neglected, or abandoned children in state foster care and similar dependency proceedings.

Do I qualify for SIJS?

• You must be present in the United States
• You must be unmarried.
• You must be under 21 years of age.
• A state juvenile court must enter an order finding all SIJS elements satisfied by you.
• You must be declared “dependent” on a juvenile court.
• Reunification with one or both parents is not viable due to abuse, neglect, or abandonment, or a similar basis found under the state law.
• State juvenile court has determined that it is not in your best interest to be returned to yours or your parent’s country of nationality or country of last habitual residence.

Our promise to you?

Our law firm sees a number of SIJS cases a year. I have a lot of experience in this area and I understand that it is a delicate matter. I believe that every child/adolescent has the right live their dream in this great country. I will work in excellence so that the final outcome is the one we are desiring.