There is no worse experience than deportation for a non-U.S. citizen. Having legal permanent residency is a privilege, not a right.

This privilege can be revoked if you are convicted of a crime or accused of violating any other section of the Immigration and Nationality Act.

Any non-U.S. citizen can be deported for certain offenses. Even if you enter the country legally with a visa, you can be deported for overstaying the allowed time on your visa or providing fraudulent information on an application or passport.

You may be able to avoid deportation depending on your immigration status and the offense you are accused of. An immigration judge will consider granting a waiver, taking into account positive factors such as family ties, work history, and, if applicable, rehabilitation from a criminal conviction.

Asylum is for individuals considered refugees who live in the United States and seek asylum due to a fear of returning to their home country because of their religion, race, political opinion, or nationality.

It applies to anyone regardless of their country of origin. If an immigrant has entered the United States illegally, they are still entitled to apply for asylum and present their case.

Advantages for Asylum Seekers:

• Immigrants can apply for asylum at any U.S. port of entry.
• Applicants can request asylum even if they are in the United States illegally.
• Applicants can include asylum benefits for their spouse or children (unmarried and under 21 years old) at the same time as their application if their dependents are already in the U.S., or after asylum is granted.
• Employment is possible if certain criteria are met.
• Immigrants can apply for a green card one year after their asylum is approved.

Limitations:

• Asylum applications must be filed within one year of entering the U.S. (with some exceptions).
• Applicants must demonstrate that they meet the requirements for asylum.
• Immigrants must apply for asylum even if they have a criminal conviction. However, asylum may not be granted depending on the offense committed.

The asylum process is complex and lengthy, making it essential to have an immigration attorney.

Permanent residency can be obtained in different ways, with family-based sponsorship being the most common. If you have relatives who are U.S. citizens, you are more likely to obtain a green card.

You can achieve legal permanent residency through a bona fide marriage, one year after being granted asylum, through a family petition from parents or a spouse, through an employment-based petition, domestic violence protections, among other methods.

Each category has specific steps and procedures to follow. Immigrants in most categories will need someone to file an immigrant petition on their behalf. There will always be a visa available for immediate relatives of U.S. citizens.

U.S. citizenship and naturalization is a legal process granted to immigrants after living in the United States for a specified period as a permanent resident.

To ensure the citizenship process is completed correctly, it is essential to have the expertise of an attorney who can help you avoid delays or requests for evidence due to missing documents or incorrectly completed applications.

The Secretary of the Department of Homeland Security (DHS) can designate a foreign country for Temporary Protected Status (TPS) due to conditions in that country that prevent nationals from returning safely to their home country temporarily. USCIS can grant TPS to eligible nationals of certain countries (or parts of them) already in the United States. TPS can also be granted to eligible non-citizens whose last residence was the designated country.

The DHS Secretary can designate a country for TPS due to the following temporary conditions:

• Ongoing armed conflict (such as a civil war).
• A natural disaster (such as an earthquake or hurricane) or an epidemic.
• Other extraordinary and temporary conditions.

During the designated period, individuals who are beneficiaries of TPS or who have received preliminary eligibility for TPS during the initial review of their cases (prima facie eligible) will:

• Not be deported from the United States.
• Be able to obtain an Employment Authorization Document (EAD).
• Be able to obtain travel authorization.

Once TPS is granted, a person cannot be detained by DHS due to their immigration status in the U.S.

TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status. However, enrolling in TPS does not prevent you from:

• Applying for non-immigrant status.
• Filing a Request for Adjustment of Status based on an immigrant petition.
• Applying for any other immigration benefits or protections you may be eligible for.

A visa is authorization granted to a foreigner to enter the national territory as a non-resident for a specific period of time. It is requested by citizens of countries that, due to immigration policy reasons, require prior authorization from the National Immigration Service to enter the country.

There are various types of visas, including:

• Tourists: Individuals visiting the United States for business or leisure. The business visa is short-term. Citizens of some countries can visit the U.S. for up to 90 days without needing a visa.
• Investors and Traders: These individuals can receive visas to open businesses. They must come from a country that has a trade agreement with the U.S.
• Students: Individuals wishing to study in the U.S. can apply for a student visa and internships related to their field of study.
• Professionals and Specialized Occupations: Professional workers with at least a bachelor’s degree (or equivalent experience) can apply for a visa if they have an employer and will receive the same salary as a U.S. worker in the same category.
• Exchange: Individuals coming to the U.S. under an approved exchange program may be eligible.
• Fiancé(e): For a fiancé(e) of a U.S. citizen who is abroad and intends to marry within 90 days of arrival.
• Business: Available for executives, managers, and some employees transferred to the U.S. by companies abroad. Those with this visa can apply for permanent residency without needing a labor certification.
• Artists and Athletes: This visa is for artists, models, athletes, coaches, and trainers.
• Religious: Religious workers and missionaries can apply for this category.

The NACARA Law stands for the Nicaraguan and Central American Relief Act, a law enacted to assist qualifying individuals in obtaining legal permanent residency. If you need legal assistance to understand this law, its requirements, and how it relates to cancellation of deportation, we encourage you to contact us directly at our office for the guidance you need.

Individuals eligible to apply for relief under NACARA are those who have not been convicted of an aggravated crime and qualify under specific date-based categories. These include individuals from Guatemala, El Salvador, nationals of the former Soviet bloc countries such as Russia, Estonia, Latvia, or Albania, Bulgaria, Czechoslovakia, Hungary, East Germany, Poland, Romania, Yugoslavia, or Lithuania, as well as qualifying family members such as spouses, children, or dependents from the aforementioned groups. The requirements of NACARA are very specific.

Although the period to apply for Permanent Residency under NACARA has expired, the law can still be used to prevent deportation of eligible individuals.

El Salvadorian citizens are eligible under NACARA (and for withholding deportation) under either of the following categories:

Category 1: The applicant must demonstrate that:

• Entered the U.S. before September 19, 1990.
• Registered in the “ABC” or TPS (Temporary Protected Status) program before October 31, 1991.
• Was not detained by Immigration when entering the U.S. after December 19, 1990.
• Applied for asylum before February 16, 1996.

Category 2: The applicant must demonstrate that:

• Applied for asylum in the U.S. through the Immigration Service before April 1, 1990.

Guatemalan citizens are eligible under NACARA (and for withholding deportation) under either of the following categories:

Category 1: The applicant must prove that:

• Arrived in the U.S. before October 1, 1990.
• Registered to receive benefits under the ABC program before December 31, 1991.
• Was not detained by Immigration at the time of entry to the U.S. after December 19, 1990.
• Applied for asylum before January 3, 1995.

Category 2: The applicant must demonstrate that:

• Applied for asylum in the U.S. through the Immigration Service before April 1, 1990.

For citizens of both countries and all categories: According to NACARA, the applicant must demonstrate seven (7) years of continuous presence and residence in the United States.

The U visa is available to individuals who have suffered substantial physical or mental abuse as a result of a criminal activity. The immigrant applying for the U visa must have relevant information about the crime and cooperate with authorities in the investigation of the crime they were a victim of.

It is designed to allow individuals without status to speak out and report crimes without fear of retaliation, such as deportation.

To be eligible for a U visa, the following four requirements must be met:

1. The immigrant must have suffered physical or mental harm as a result of being a victim of a criminal activity. The harm must be substantial.
2. The immigrant must possess information about the crime.
3. The immigrant has provided, is providing, or is willing to provide cooperation in the investigation, prosecution, or conviction of the crime.
4. The criminal activity described violates the laws of the United States or occurred within the United States.

If you have submitted a petition or application to USCIS and it has been denied, you may wonder if you can appeal the decision. The answer is: maybe.

But, when is it possible, to whom, and within what timeframe?

How do I know if I can appeal the denial of a petition or application?

The document in which USCIS denies the petition will indicate whether you can appeal and to whom the appeal should be filed.

It will also specify the deadline, which is typically 30 days from the date the decision was made, not from the date it was received. However, keep in mind that the deadline may be shorter. The deadline means that the appeal paperwork must reach the authority by that date, not just be mailed by that date.

Who can I appeal a USCIS decision to?

You can appeal to the Administrative Appeals Office (AAO) or to the Immigration Court, known as the BIA (Board of Immigration Appeals). Which one you appeal to depends on the type of USCIS decision you are contesting.

Who can appeal?

Only the person who filed the petition with USCIS can appeal, not the beneficiary. For example, in cases where a U.S. citizen petitions for their sibling, if the petition is denied, it is the U.S. citizen who can appeal, not the sibling.

The only exception is in cases where the petitioner and beneficiary are the same person, such as in VAWA (Violence Against Women Act) cases for victims of violence.

It is one of the forms of discretionary relief from deportation, meaning that a court or immigration authorities have the discretion to decide whether to grant it. It is very common and allows an immigrant who has been declared deportable to leave the U.S. without the stigma of deportation.

The major advantage is that it allows the immigrant, once they are back in their home country or last country of residence, to apply for a visa to return to the U.S. The embassy or consulate will decide whether the individual can receive it. On the other hand, those who are deported must wait a period ranging from one to 20 years, depending on their case, before they can attempt to return to the U.S. legally. Some deported individuals may never be able to return to the U.S., such as those convicted of aggravated felonies.

The immigrant must pay the costs of leaving the country. If the request is made before the deportation process is completed, the foreigner will have 120 days to leave the U.S. and will not need to show any special conditions. However, if the request is made at the end of the deportation process, the foreigner must leave within 60 days and must also demonstrate that they have lived in the U.S. for at least one year before receiving the Notice to Appear, have had good moral character for the five years preceding the start of the process, have not committed any serious crimes, and have the genuine intention to leave the country.

These timeframes can be shortened or extended by judicial decision. If the immigrant chooses to remain in the country despite being granted voluntary departure, they may be fined and disqualified from receiving any form of immigration relief for 10 years.

It refers to the non-application of a general rule. It can take various forms, from not imposing a sanction, in which case it is an immigration waiver, to not requiring compliance with a rule. In exceptional cases, it may also be understood as a voluntary renunciation of a right.

In U.S. immigration law, renunciation often refers to the first scenario: the non-application of a rule to specific cases, which implies a waiver.

It is essential to understand that the waiver is voluntary, meaning that in cases where it is possible to request it, the final decision on whether it is granted depends on whether the waiver is granted or not.

The final decision on whether the waiver is granted depends on the will of the authority with the power to make the decision.

Examples of waivers or exemptions allowed under U.S. immigration law:

Waivers for Ineligibility: Visas to travel to the United States can be denied for several reasons. For example, if the applicant has been convicted of certain types of crimes in the past.
It is also possible to request a waiver in cases where a visa is denied due to inadmissibility. For example, the prohibition on entering the United States for a specified period, ranging from three to ten years, due to previous illegal stay.
Another relatively common case of inadmissibility occurs in certain cases of immediate expulsion at Ports of Entry—airports, seaports, and land borders. The consequence may be a prohibition on entering the U.S. for five years.

In the mentioned cases of inadmissibility, a waiver can be requested to enter the U.S. before the ban expires using Form I-601, provided the individual is a foreigner wishing to immigrate to the U.S. or adjust their status, or even in certain cases of immigrants who do not wish to immigrate.