As an update to the newly expanded provisional waiver program that went into effect on August 29, 2016, it is important to clarify who is and is not eligible to file for this waiver. Specifically, an individual with a final order of removal may now file a 212 waiver of the removal order in the United States, and upon approval, …
What is Prosecutorial Discretion and How Does It Work?
Prosecutorial Discretion (casually referred to as “PD”) occurs when the Department of Homeland Security exercises its discretion in granting some form of benefit to a foreign national. In such cases, the foreign national is typically not entitled to a benefit or relief as a matter of law, but the Department agrees to use its discretion in favor of the applicant …
Have I been “convicted” of a crime?
Most people think that you can only have a “conviction” on your record if you plea guilty to a crime or are found guilty at trial. And even then, you might hear that if you “pay everything” or have no problems on probation that your record will be clean. Right? WRONG! You do not have to plead guilty to a …
If you lost your case in Immigration Court, and you think your attorney did an inadequate job; it is not the end of the world—but you must act quickly!
Bad representation from an immigration attorney can lose you money, time, peace of mind, and can even result in a deportation order against you. However, even if this happens, it is not the end of the world. Individuals facing deportation are entitled to a fair hearing under the Fifth Amendment of the U.S. Constitution, which includes competent representation from your …
Brain Cancer, ICE and Deportation from the Stewart Detention Center
Johanna Cochran one of our stellar attorneys recently took a pro bono case for a Mexican man detained at Stewart Detention Center in Lumpkin, Georgia, who, despite a diagnosis and treatment for brain cancer, was refused release from detention to seek urgent medical treatment. Our client was a Legal Permanent Resident of the U.S., had been living in this country …
Obama–Still The Deportation President
Much has been written in the last two days about the Obama Administration’s release of its FY 2013 official “removal statistics.” Some have noted that the number of removals (this means displacement of people to foreign countries that they may have had no contact with for decades) went down by 10% from FY2012’s record level. Yet, Obama’s ICE still deported …
Arresting and Deporting Pregnant Woman For High Beam Violations
The title of this article may sound absurd. In fact, I would not be surprised if this were an article in the satirical fake news Onion, a satirical entity that makes up fake news for the sake of giving you a good laugh. Yet, sometimes fact is stranger than fiction, and this article in the Charlotte Observer last week is …
What You Should do to Prepare Yourself if You Are Arrested by ICE or Deported
If you are in the United States without proper immigration papers, it is important that you prepare for the possibility, particularly in today’s environment, that you will be arrested by ICE and deported from the United States. You SHOULD MAKE A PLAN NOW for what you would like to have happen to your children and your property in case you …