Those Fearing Deportation Can Take Solace In Increasing Case Success Rates

Those engaged in the soul crushing game of evading federal authorities for fear of deportation have greater reason to be hopeful of challenging their illegal status these days. A recent report by Syracuse University has revealed that increasing numbers of immigrants have been successful at overturning deportation cases brought by the federal government. According to this release, upwards of 50% of cases end favorably for the immigrants contesting their ouster from the USA, making it the highest rate of success in 20 years for migrants seeking amnesty from immigration officials.

This has allowed them to embark on the path towards legitimate landed immigrant status in this country, with half of the 42,816 individuals brought before the courts in the past 6 months being free to now seek out a life in America. Having taken the brave step out of the shadows and into the light of day, these folks no longer carry the burden of having to act like a fugitive in their own communities, which is an outcome that many of those still out in the cold think is unattainable for them.

The recent emphasis on clearing the legal system of a massive backlog of deportation cases has led the current administration in Washington to direct immigration officials to ignore cases where the deportee in question does not pose a direct or imminent criminal threat to the state and/or the nation at large.

This logjam of cases, combined with the new attitude of amnesty towards migrants that are on the straight and narrow legally, has presented a unique opportunity to those still hiding in fear to emerge from the shadows and take immediate steps towards pursuing legal immigrant status in the United States.

Additionally, those who arrived in country illegally with their parents and are presently of legal working age can pursue a work permit that will allow them to remain in the USA for up to 2 years, which can buy them valuable time to set in motion the steps necessary to gain permanent resident status.

Now Is The Time To Stop Hiding

With legal conditions towards illegal immigrants the most favorable that they have been in a generation, the time to emerge from the shadows and seek legitimate status as an immigrant in America is now.  While the 50% rate of success is encouraging, this still means that there is a statistical 50% chance of failure as well.

Stack the deck in your favor with expert legal representation; count on an immigration lawyer in Philadelphia from the firm of Cohen, Fluhr, González & Pinillos so that you can dramatically increases your odds of a successful outcome.  Get the ball rolling by giving us a call at (215) 854-0060, sending us an email by clicking here or by visiting our offices in downtown Philadelphia at 1608 Walnut St (Suite 1108).

We look forward to representing you on your quest towards becoming an American citizen!

 

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NEW PROVISIONAL UNLAWFUL PRESENCE WAIVER (I-601A)

 

On January 3, 2013, the Department of Homeland Security (DHS) published a regulation which will, as of March 4, 2013, allow people who entered the United States without inspection (EWI) or those who are otherwise ineligible to adjust their status in the United States, to file Form I-601A to request a provisional waiver to excuse their unlawful presence in the United States.  Prior to this new regulation, individuals were required to file an I-601 unlawful presence waiver outside the United States not knowing if the waiver would be approved.  Now, visa applicants can receive a decision on their waiver prior to departing the United States. 

The aim of this new process is to avoid having family members file I-601 waivers abroad and be separated from their families for months or even many years while their waivers are pending.

This is an exciting new development that will open up the door for many visa applicants who did not want to risk departing the United States to attend an immigrant visa interview not knowing if they would be able to return to the United States.

The waiver applies only to inadmissibility based on “unlawful presence” in the United States.  This waiver is for applicants who are subject to either the three year or ten year bar once they leave the United States.  This does not apply to applicants who are subject to the “permanent bar”.  Applicants who are inadmissible due to fraud, criminal convictions or other grounds are not eligible for this provisional waiver.

To qualify, an applicant must be at least 17 years old and be the beneficiary of an approved I-130 visa petition as an “immediate relative of a U.S. citizen”.  Immediate relatives include spouses, parents and children of U.S. citizens.  The law requires that in order to obtain this new provisional waiver, the applicant must demonstrate extreme hardship to a qualifying relative.  Qualifying relatives for the new provisional I-601A waiver only include U.S. citizen spouses and/or parents.

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Comprehensive Immigration Reform Being Supported by both Democrats and Republicans

 

BREAKING NEWS

On Monday, January 28, 2013, a bipartisan group of senators announced a set of principles for comprehensive immigration reform.  These include a pathway to U.S. citizenship for the millions of immigrants already in the country illegally contingent upon strengthening border security.  Employer enforcement, changes in the flow of legal immigration including a guest worker program will also be main components of the immigration reform legislation.

Click here to read more about how Senators are creating a Bipartisan Blueprint for Immigration.

On Tuesday, January 29th, President Obama challenged Congress in a speech in Las Vegas, to act quickly to put those in the United States illegally on a clear path to U.S. citizenship.

 

 

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The Deferred Action for Child Arrivals

Action Alert!!!!!!!!!!

Deferred Action for Childhood Arrivals

On June 15, 2012, the Department of Homeland Security announced that certain young people who entered the U.S. before age 16 will not be removed from the U.S. and may apply for “deferred action” and work authorization.

The eligibility requirements for deferred action for childhood arrivals are as follows:

1) You must have been under 31 years of age on June 15, 2012;

2) You must have come to the U.S. before your 16th birthday;

3) You must have continuously resided in the U.S. for at least five years before June 15, 2012, and have been physically present in the U.S. on June 15, 2012;

4) You must currently be attending school, have graduated from high school, have obtained a GED certificate or have been honorably discharged from the Armed Forces or Coast Guard;

5) You must not have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, nor otherwise pose a threat to the community or national security.

Requests for deferred action will be evaluated on a case-by-case basis.

DHS is currently accepting applications.

Please schedule an appointment with our immigration office to determine your eligibility.

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