Immigration FAQs

When can I apply prosecutorial discretion?

You should apply only if you are under the process of deportation and have no alternative to remain in the U.S. under the immigration laws. Request to ICE prosecutorial discretion is the last resort to be used. The authorities will not deliver to them are those who use this resource will drink you apply in the event that you and this facing deportation.

What should I ask to apply for tax discretion?

You request prosecutor discretion depending on your situation. If you are facing immigration judge or to the Board of Immigration Appeals may request administratively close the case which means that the ICE will close the case and will not try to deport him for now, but may do so in the future. In case you have a deportation order but also has an appeal to the appellate court may order a stay of removal means that you will not be deported for a period of approximately 1 year. In the case of requesting deferred action you can do in any party of the deportation process being you before an immigration judge , this has the advantage that you will not be deported at the moment but if it could be in the future , you will would grant a work permit.

Can I get prosecutorial discretion immigration work authorization?

A work permit is granted by immigration prosecutorial discretion memo, if you did not have it before you cannot get now. But there is one exception for people who are granted deferred action prosecutorial discretion and who qualify for a work permit.

The serviceids in immigration cases may have very high costs?

No, the immigration serviceid and citizenship often eliminate certain payments if you can show that it does not have resources to pay for this the person must complete and submit a form which will be reviewed in its entirety by the immigration department.

Could Gallardo Law Firm help me avoid the deportation and solve my immigration problems?

We, criminal defense lawyers, Gallardo Law Firm from the moment you make us part of your situation , we provide all possible support , giving alternative and more feasible solutions according to their possibilities and needs , we want you frustrated, and think it will not be appropriate for a viable exit, because it always exists, and we can get it for you.

What is the Immigration Act which is in force?

Is the Immigration and Nationality Act to be the basis of legal immigration system since 1952.

Is it important to tell the truth?

You should know that it is very important to tell the truth because if lying can be caused more harm than good. Discussions with your attorney are protected, the lawyer receives the most valuable information and more through the client, this being a major source.

Why should I do in case of arrest by ICE?

First remember that it is a human being and being in the United States has rights which can make use of them. You remember that you can remain silent and not be abused physically or word can make a phone call and request the presence of a lawyer. Have obligations such as not to oppose the arrest acting with physical strength , do not try to lie to agents , remember that anything you say may be used against you.

How removal proceedings start?

This is the responsibility of the Department of Homeland Security (DHS) and its often carried by the ICE or Immigration and Customs Enforcement Division. There might be a phone call, workplace raid, check on the immigration status in jail, or perhaps a failed application for a green card, asylum, and US citizenship when a criminal offense or other reasons for removal come to light during the process.

Can I just ignore an order of removal?

There are consequences to not showing up for deportation when ordered to do so which can include late-night arrests or bars when trying to come back to the United States.

After a deportation arrest, when is the immigrant actually deported?

This will all depend on a number of factors including whether there was an order in the past, how long the person has lived in the U.S., whether there is persecution in the deportees country of origin, etc.

Can someone that was picked up by the ICE attend a child custody hearing?

The Immigration and Customs Enforcement (ICE) should make sure that the individuals parental rights are protected. ICE authorities should be aware of this situation and perhaps the detainee can remain in a detention facility closer to the family court where he must appear either by video or in person.

Can my previous removal order be reinstated?

This is not certain. A person caught after reentering the United States might be placed into removal proceedings again where you will have the option to apply for several forms of immigration or ways to stay in the United States lawfully. For instance, perhaps the individual can apply for cancellation of removal or for asylum.

If I never show up for deportation hearing can immigration catch me?

When you dont appear for a hearing, a removal order will be issued by the Immigration Judge given that the government can prove you have been sent a written notice of the hearing. In other words, as long as the government proves they mailed you the notice, your removal order will still stand even when you fail to show up.

What happens when the Immigration Judge orders me deported?

Even when the judge orders to deport you, you may still be able to appeal. Your deportation can be put on hold as long as you are pursuing your appeal within 30 days of the order unless you decide to wave your rights in court.

How can an attorney help during removal proceedings?

An attorney can investigate whether the charge is correct or not or if there are any circumstances that would warrant defending your deportation. Immigration laws can be quite complex and the attorney will help you figure it all out. For example, he or she can help you find out when the charge against you is false; argue if there are any qualifications for asylum, and help you presenting a cancellation of removal application.

What is a Visa?

The Visa is an identification document issued in the country of origin at the embassy or consulate of the United States and allows entry to U.S. temporarily or permanently. There are two main types of visa, immigrant visa which is what allows you to live and work permanently in the United States and the non immigrant visa only allows you to live and work for a certain time in the United States.

What differs immigrant visa from a non-immigrant visa?

The Immigrant Visa gives you the opportunity to apply for permanent residence (Green Card). Meanwhile, most non-immigrant visa allows you to live or work in the United States for a specific period of time with a specific purpose.

What can I do if I cannot attend the interview?

You must change the appointment by contacting the call center of the embassy or consulate of the United States.

What can I do if I am denied the Visa?

Consular officers are responsible for processing visas for applicants who qualify under the law. If you are refused a visa you can apply for a special permit if it is accepted by the consular officer.

Can I bring guests to my appointment?

For space restrictions, they only accept the person being interviewed. Only in case of minors or elderly disabled family entry will be allowed. Advisors, attorneys or other representatives will not be allowed to enter.

Do I need to take my fingerprints?

It is required to perform a thorough background check of all persons applying for a visa, for this reason they will take the fingerprints of all ten fingers to applicants.

Is it allowed to arrange for another visa before the current expires?

Yes, it is. The minute you receive the new one, the old one becomes invalid.

Are the dependents travelling with a student visa allowed to work?

No, they are not allowed to work; instead they can study at Academic Institutions.

Is it possible to request or receive a fee waiver?

A fee waiver can be requested for the I-485 and the I-765. The I-360 doesnt require a fee waiver since it has no fee. The request for the fee waiver is made on Form I-912. USCIS generally grants a fee waiver to applicants who:

• Receive a means-tested benefit. Have a low income, about 150% below poverty guidelines. They are able to demonstrate financial hardship.

Are there translations provided for client phone calls and/or interviews?

Sadly, there arent resources to provide translators. This is why is wise hiring a bilingual attorney who can translate or handle important documents for you. You can also have you own translator but he or she cannot be a family member. If all of these fail, try to find volunteer interpreters who would like to help.

Do foreign documents require translation?

Yes, this is required except when the forms are written in both English and a foreign language. For instance, some passports may have all the information printed in English and in the Countrys official language.

Should letters of support from family be notarized?

Its highly recommended to notarize them but its not required as long as the letters are signed by the person who wrote them.

Do I have to prove that my marriage to a U.S citizen was in good faith?

If you cant prove that your marriage with the abuser was entered in good faith, you will not be granted a green card with the VAWA self-petition. In other words, your intention was not to take advantage of U.S. immigration laws. However, you may qualify for a U visa if you have suffered severe injuries and have useful information to provide to the authorities. In this case, you will not be asked questions about your marriage but immigration fraud will count when going over your U visa petition.

Should I cooperate with law enforcement officials?

You should definitely provide helpful information to the law enforcement official. This helps you qualify to submit a Certification of Helpfulness in order to assist law enforcement with deciding if you are helpful to them and whether or not they will grant you the certification. The more details provided the more evidence about the crime. This helps investigate and prosecute those who victimize you. However, this certification falls under the U visa category.