PHOENIX IMMIGRATION LAWYER
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Our Law Firm is committed to becoming the best Law Firm for Latino, migrant, and Spanish speaking communities in Arizona.
Best Phoenix Immigration Attorneys
At Ybarra Maldonado & Alagha Law Group, we take great pride in being the top immigration attorneys in Phoenix. Ray A. Ybarra Maldonado has been instrumental in many civil rights lawsuits and immigration cases over his career.
Immigration Attorney Help
- How Do I Choose the Best Immigration Lawyer in Phoenix?
- How Can I Fix My Spouse’s Immigration Status?
- Can My Child Get My Immigration Papers When They Turn 21?
- If I Lose My Daca, What Are My Options to Stay in the Country Legally?
- My Loved One is Detained in an Immigration Detention Center, Can I Get Them Home?
- What Happens if a Dangerous Person is Eligible for a Bond Hearing?
- How Can I Stop My Deportation?
IMMIGRATION CASES WE HANDLE
- Bond Hearings in Eloy and Florence
- Rodriguez Bond Hearings in Eloy and Florence
- Casas Bond Hearings in Eloy and Florence
- Request for Humanitarian Parole
- Stay of Deportations
- Stay of Deportations-9th Circuit
- Appeals to the Board of Immigration Appeals (BIA)
- Appeals to the 9th Circuit Court of Appeals
- Cancellation of Removal for Non-LPRs
- Cancellation of Removal for LPRs
- Motions to Suppress
- Challenging Allegations of Grounds of Deportation
Affordable Phoenix Immigration Lawyer
At Ybarra Maldonado & Alagha Law Group, we offer affordable payment plans for all immigration clients. We understand the importance of hiring the best Phoenix immigration lawyer and we do our best to help ensure you can retain that counsel.
If you or your loved one is in immigration custody, our first order of business is to determine if a bond is available for your specific case. A bond will enable the person to be released during the immigration proceedings.
We will also determine whether or not an adjustment of status or cancellation of removal is possible for your situation. We believe an informed client is a happy client, and we do our best to keep you up to date with all of our findings throughout the process.
No one expects to be detained or incarcerated, and our immigration lawyers know that the situation is difficult. Our immigration law firm does everything in its power to fight for clients.
Our law office wants to improve the services of our community and for the entire state of Arizona. You deserve the opportunity to speak with a Phoenix immigration lawyer at Ybarra Maldonado & Alagha Law Group. Call us today at 602-910-4040 to schedule a consultation with us.
Phoenix Immigration Lawyer Open on Saturday
At Ybarra Maldonado & Alagha Law Group, we’re always thinking about how we can give more back to the community.
First, many people have asked us if we have appointments on Saturdays. You and your family deserve the opportunity to be heard by a trusted lawyer. We understand that you can’t always take a day off of work to speak to us.
We are open on Saturdays from 10 AM to 2 PM and also on Thursdays until 7PM.
We’re flexible to your time with later hours.
IMMIGRATION QUESTIONS AND ANSWERS
How Do I Choose The Best Immigration Lawyer in Phoenix?
At Ybarra Maldonado & Alagha Law Group, we’re the best full-service law firm to use for immigration assistance because we’re equipped to handle even the most difficult of immigration cases in Phoenix, AZ. We are extremely knowledgeable about current immigration laws. Our immigration lawyers also have extensive experience with handling in-custody and removal cases. Our Phoenix immigration attorneys have some of the best track records, and our constant stream of positive reviews from happy clients speaks for itself.
Our Phoenix immigration lawyers understand the importance of handling your case as quickly and effectively as possible, so we know what questions to ask and how to best protect your rights. Listed below are common immigration questions that our law office receives.
How Can I Fix My Spouse's Immigration Status?
If you are a United States citizen, you certainly want to do everything you can to protect your loved one. However, being a U.S. citizen does not give you the automatic right to get your spouse’s legal status as well. But you can petition for your spouse instead.
File an I-130 Petition
Filing an I-130 petition with the United States Citizenship and Immigration Services (USCIS) starts the immigration process. You must prove you are in a valid marriage in order to get the I-30 petition approved. Acceptable forms of documentation that prove your marriage’s validity include, but are not limited to:
- Birth certificates of your children that list you both as parents
- Rent contract with both of your names
- Bills that get sent to the house that has both of your names
- Life insurance policies
- Auto insurance policies
- Gym memberships
- Cell phone bills
- Photos of your wedding, vacations, or other family gatherings
Essentially, compile any documentation proving you are in a valid marriage. You may or may not get an interview with a USCIS officer where they will ask each of you more questions.
Having an I-130 approved doesn’t mean your partner is now an American citizen. Your partner must also prove his or her admissibility.
Depending on eligibility, you may complete the second step in the same I-130 interview. If your spouse is out of the country or needs an I-601A waiver, the process divides into two steps. The government will hold this interview at the U.S. Consulate, in his or her country of origin.
Meet With Experienced Phoenix Immigration Attorneys
Your spouse should speak with an experienced immigration lawyer. This needs to take place before an interview or form submission. Our law office can’t stress the importance of this enough.
Your spouse must provide the correct answer to all immigration questions. One misstep can lead to a finding of inadmissibility. Which, in turn, could lead to a denial of their naturalization application.
We’ve seen many immigration cases where individuals rely on notaries to fill out applications. These applications, unfortunately, are later denied. This denial forces many immigrants to remain in their country of origin.
Application Denial Example
For example, Maria uses a notary in the community to fill out her application. The notary fills out the documents, adding that 2015 was Maria’s last entry into the States. Maria’s I-130 gets approved and then she completes her I-601A. She gets scheduled for an interview in Ciudad, Juarez. During her interview, the officer asks about her child’s birth certificate. Maria’s child was born in 2010 in the United States. Maria then admits she first entered the country in 2009 and returned to Mexico for her mother’s funeral in 2015. She tells the officer she only left for a week. The document preparer assured her it would be okay because she was only out of the country for a short time. The Consulate Officer denies Maria’s application and informs her she is inadmissible.
Our immigration law firm can’t stress enough the importance of meeting with a qualified lawyer. We’ve seen countless cases in which, if the client did apply, the government later denies the application. Oftentimes, notaries and inexperienced immigration attorneys fail to understand the complexities of immigration matters.
Can My Child Get My Immigration Papers When They Turn 21?
The famous attorney’s answer is: it depends. Many immigrant families will attempt this route if all others have failed. A United States citizen can begin the process of applying for their parents once they reach the age of 21. Whether the parent is eligible to become a permanent resident is the key question we need to answer.
Apply for I-130
The first step is to apply for an I-130 that proves the petitioner is actually your child. (Or they can be your step-child if you married the child’s biological parent before they turned 18). This is the easiest part of the case. Almost everyone should get a fancy paper that says “Approval Notice.” This I-130 Approval Notice doesn’t give you a work permit or authorization to be in the United States.
An approved I-130 is the first step to becoming a U.S. citizen. But first, you must show your eligibility in order for the government to admit you as a legal permanent resident.
If You Reside in the United States
If you’re currently residing in the United States and you (as the parent) want to move to the second step, you must have:
- Entered the country legally
- Had someone apply for you,
- Applied for your parents before 2001 since this falls under 245i protection eligibility
- Have a child(ren) in the armed services who can apply for military parole in your place
- Have a qualifying relative for an I-601A waiver
If you currently reside in the United States and don’t qualify as listed above, then you may not have a path to permanent residency. This is even when your U.S. citizen child turns 21.
If You are Outside the United States
If you are outside of the United States and have an approved I-130, you can get an interview at the United States Consulate. But you still must show you meet all the grounds for being admissible into the United States.
Talk to an Immigration Attorney
Some interviews will take place in the United States, while others will occur in the origin country. For either circumstance, you must meet with an immigration attorney who will review the grounds of inadmissibility.
Furthermore, they will understand how the client should apply them to the interview.
All too often, immigration lawyers at Ybarra Maldonado & Alagha Law Group will get phone calls from undocumented immigrants who didn’t use an attorney and had their cases denied.
We’ve even heard family-based immigration horror stories from those who took their family members to what they believed was the case-approval interview. Then they see their loved ones handcuffed, taken by an ICE officer, and deported.
If I Lose My DACA, What Are My Options to Stay in the Country Legally?
One of the most common paths to residency that our law firm has seen is through marriage to a United States citizen. If you entered the country legally, this process occurs entirely in the United States. Generally, the government grants clients permanent residency in less than a year.
If you entered the country:
- Without legal status
- Without eligibility for 245i protection based on a petition filed for you or your parents before 2001
- And you didn’t leave the country and return via advanced parole with your DACA status
- With a spouse who isn’t in the military
Then you will likely have to apply for an I-601A waiver.
To win an I-601A waiver, you must show that your spouse will suffer extreme hardship if the United States deports you. The government doesn’t approve all waivers. For this reason, it’s important to formulate a strong argument about why your spouse would suffer extreme hardship. But if you hold DACA status and have held the status before turning 18, you might not need the I-601A waiver.
Citizenship and Abusive Marriages
If someone marries a U.S. citizen, they aren’t required to stay if the spouse becomes abusive, especially through domestic violence. An abuse victim can file a VAWA application with USCIS. This will start the process of seeking citizenship because of their abuse.
Another path to legal status could be a U Visa. You can qualify for a U Visa if you:
- Were the victim of an enumerated crime
- Assisted law enforcement in the investigation of any criminal cases
- Suffered emotionally as a result of the crime
U Visas are a great avenue to adjust status. But presently, you may have to wait an extremely long time for approval.
Lastly, understand that the process of removing someone from the country isn’t as easy as the general public thinks. The vast majority of DACA recipients are eligible to see an immigration judge. This happens before ICE has permission to forcibly remove them from the country.
Someone can ask an immigration judge for:
- Cancellation of removal
- Adjustment of status
- An administrative closure
Even if someone does not win their immigration hearing, they can appeal their case to the:
- Board of Immigration Appeals
- Circuit Court of Appeals
- The U.S. Supreme Court
This process can take years. In the meantime, we may see a “Dream Act” or some other congressional action that could benefit those in jeopardy of losing DACA status.
If you have lost your DACA status or think you might be eligible for one of the forms of relief above, please call a family-based immigration attorney at 602-910-4040.
My Loved One is Detained in an Immigration Detention Center, Can I Get Them Home?
Anyone detained by Immigration and Customs Enforcement (ICE) can receive a bond or parole from their ICE Deportation Officer. Those who don’t receive a bond from the ICE Deportation Officer can ask the immigration judge for a Custody Re-Determination Hearing. These are also called bond hearings.
But the immigration judge doesn’t have jurisdiction to hold bond hearings for every single person that ICE detains. For someone charged as an “arriving alien,” the immigration judge likely lacks jurisdiction. At the bond hearing, the judge will likely direct the person to speak with his or her bond officer. Additionally, individuals convicted of certain crimes are ineligible for a bond. This is often referred to as mandatory detention.
For example, ICE will argue for mandatory detention for those with a drug conviction. This will strip the right to have a bond hearing. An experienced deportation defense attorney can evaluate someone’s prior conviction. One legal argument is that the conviction doesn’t meet the federal definition of a controlled substance offense. This gives the person entitlement to their bond hearing. From here, if the person’s conviction holds, this makes them ineligible for bond. An amazing immigration attorney at our law firm should take the case from here. Sometimes, our immigration attorneys can open a Padilla claim to the criminal court. This will re-open the criminal case.
Our law firm has significant experience in these cases. We’ve even argued and won a case in front of the Arizona Supreme Court on this issue. The State of Arizona appealed the decision but the Supreme Court ruled in favor of our client and denied the request for a cert from Arizona.
What Happens If a Dangerous Person Is Eligible for a Bond Hearing?
If someone is eligible for a bond hearing, the immigration judge will first determine if they’re dangerous. The judge will certainly deny a bond if they find the person to be dangerous. Any arrest or criminal conviction will need to be directly addressed in front of the judge. This will show that the detained person is not dangerous.
A few key assets that can sway a judge’s decision include, but are not limited to the following:
- Letters of support
- A letter from the detainee
- The brief and oral argument from the attorney
If the judge determines that the person isn’t dangerous, then they will make the “flight risk” assessment. If the person is a flight risk, they must determine what bond amount will ensure they appear at all future court hearings.
Factors the judge will consider include:
- Any remedies for relief
- Ties to the community
- Past conduct
By statute, the minimum bond that can be set by the immigration judge is $1,500.00. If the detainee wins a bond, the government still has the right to appeal the immigration judge’s decision to the Board of Immigration Appeals.
Hiring an extremely professional attorney for your loved one’s bond hearing can make all the difference. You want an experienced team with a history of formulating strong packets. An attorney like this is more likely to convince the judge and the government that your loved one isn’t dangerous or a flight risk. Interview all attorneys, check reviews, compare payment plans, and determine which family-based law firm is right for you.
How Can I Stop My Deportation?
Sometimes, deportation proceedings are inevitable. However, with legal help from the right attorney, there’s a chance that you or a loved one could remain in the U.S.
Cancelation of Removal
If an undocumented immigrant is detained, Cancellation of Removal is the most common avenue for relief. In order for a non-permanent resident to win this, the person must have been in the country for at least ten years and have qualifying relatives. This includes children, spouses, or parents who are United States citizens. These qualifying relatives must suffer extreme and unusual hardship if the government chooses to deport you.
Asylum is another avenue of relief as long as you can show that you’re in danger if returned to your country of origin. Asylum requires very specific legal arguments. Having an experienced deportation defense attorney to present your case to the immigration judge is crucial.
Adjustment of Status
The immigration judge may also allow an adjustment of status. This may occur if you entered the country legally and have a qualifying relative.
VAWA Cancellation of Removal
An immigration attorney can present a VAWA Cancellation of Removal. This only applies if you have married a United States Citizen and suffered abuse from them.
Also, remember that the government can deport legal permanent residents. Cancellation of Removal exists for legal permanent residents as well. This is a lower standard of relief than Cancellation of Removal for non-legal permanent residents. Legal permanent residents are also eligible for the forms of relief above.
Best Immigration Lawyer in Phoenix
If you’re desperate for any immigration services, immigration attorneys at Ybarra Maldonado & Alagha want to help you live the American dream. We are experienced family-based immigration attorneys who offer free case evaluations. We’ve defended community members in immigration courts from Buffalo, New York to Los Angeles, California. The attorneys at our law firm can also provide legal assistance in many other practice areas, such as criminal defense, personal injury, and civil rights. Call us today at 602-910-4040 for any legal assistance in Phoenix, AZ.
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