PHOENIX IMMIGRATION ATTORNEY
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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 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.
HIGH PROFILE IMMIGRATION ATTORNEY IN PHOENIX, ARIZONA
PHOENIX DEPORTATION DEFENSE LAWYER
- 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
QUESTIONS TO ASK A PHOENIX IMMIGRATION ATTORNEY
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 have your spouse get legal status. But, being a U.S. citizen means you can petition for your spouse.
Filing a I-130 petition with the United States Citizenship and Immigration Services (USCIS) starts the process. You must prove you are in a valid marriage, 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 have both of your names,
- life insurance policies,
- auto insurance policies,
- gym memberships,
- cell phone bills, and
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 can ask more questions to each of you.
Having an I-130 approved does not mean your partner now has legal status. 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 AN EXPERIENCED IMMIGRATION ATTORNEY
Your spouse should speak with an experienced immigration attorney. This needs to take place before an interview or form submission. We can’t stress the importance of this, enough.
Your spouse must provide the correct answer to every question asked. One misstep can lead to a finding of inadmissibility. Which, in turn, could lead to a denial of their application for permanent residency.
We’ve seen many cases where individuals rely on notaries to fill out applications. These applications, unfortunately, are later denied. And, this forces the loved one to remain in their country of origin.
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 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 a short time. The Consulate Officer denies Maria’s application and informs her she is inadmissible.
We cannot stress enough, the importance of meeting with a qualified immigration attorney. We’ve seen countless cases in which, if the client did apply, the government would deny the application. Oftentimes, notaries and inexperienced attorneys fail to understand the complexities of immigration law. Call us now to schedule your free consultation with an experienced Phoenix immigration attorney.
The famous attorney answer is, it depends. 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.
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 getting legal status. But, first you must show your eligibility 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, in order for you, as the parent, to move to the second step, the following must apply:
- you entered the country legally,
- had someone apply for you, or before 2001, apply for your parents, since this falls under 245i protection eligibility,
- have a child(ren) in the armed services who can apply for military parole in your place,
- or you 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 OF 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, meet with an immigration attorney. An experienced immigration attorney will review the grounds of inadmissibility.
Furthermore, they will understand how the client should apply them to the interview.
All too often we get phone calls from individuals who did not use an attorney and had their cases denied.
We’ve even heard stories from those who took family members to what they believed was the case-approval interview. Then, family members see loved ones handcuffed, taken by an ICE officer, and deported.
Call us to schedule a free case evaluation with an experienced immigration lawyer.
One of the most common paths to residency we have seen for our DACA clients is marriage to a United States citizen.
If you entered the country legally, this process occurs entirely in the United States. In general, the government grants clients permanent residency in less than a year.
If you entered the country:
- without legal status,
- are not eligible for 245i protection based on a petition filed for you or your parents before 2001,
- did not leave the country and return via advanced parole with your DACA status,
- or your spouse is not 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 put together a strong argument. You’ll want to compile a solid argument for 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 legal permanent resident or U.S. citizen, they aren’t required to stay, if the spouse becomes abusive. An abuse victim can file a VAWA application with USCIS. This will start the process of seeking legal status because of their abuse.
Another path to legal status could be a U Visa. A U Visa is for someone who meets the following criteria:
- They were the victim of an enumerated crime,
- assisted law enforcement in the investigation of the crime,
- and suffered emotionally as a result of the crime.
U Visas are a great avenue to adjust status. But, currently, an extremely long wait time for approval exists.
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.
In front of an immigration judge someone can ask for:
- cancellation of removal,
- adjustment of status,
- or 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,
- and finally, 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 us. We provide free case evaluations with one of our experienced Arizona immigration attorneys.
Anyone detained by Immigration and Customs Enforcement (ICE) can receive a bond or parole from their ICE Deportation Officer. Those who do not receive a bond from the ICE Deportation Officer can ask the Immigration Judge for a Custody Re-determination Hearing. This is also called a bond hearing.
But, the Immigration Judge does not have jurisdiction to hold a bond hearing for every single person 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 does not 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 experienced criminal-immigration attorney should take the case, from here. Sometimes, they can open a Padilla claim to the criminal court. This will re-open the criminal case.
Our office 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 to the U.S. Supreme Court. But, the Supreme Court ruled in favor of our client and denied the request for cert from Arizona.
If someone is eligible for a bond hearing, the Immigration Judge will first determine if they are a danger. The judge will deny a bond if he or she finds the person to be a danger. Any arrest or criminal conviction will need to be directly addressed in front of the Judge. This will show that the detained person is, in fact, not a danger.
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,
- and the brief and oral argument from the attorney.
If the judge determines that the person is not a danger, then he or she will make the “flight risk” assessment. If the person is a flight risk, what bond amount will suffice to ensure they appear at all future court hearings.
Factors the Judge will consider include:
- any remedies for relief,
- ties to the community,
- and past conduct.
By statute, the minimum bond that can be set by the Immigration Judge is $1,500.00. If the detainee wins bond, the government still has the right to appeal the Immigration Judge’s decision to the Board of Immigration Appeals.
Hiring the right attorney for your loved one’s bond hearing can make all the difference. You want an experienced team with a history of putting together strong packets. These are more likely to convince the Judge and the Government that your loved one is not a danger or a flight risk. Additionally, you want an experienced deportation defense attorney who knows which arguments each judge better to. Interview all attorneys, check reviews, and see which law firm is the right fit for you and your family.
CANCELLATION OF REMOVAL
If an undocumented immigrant is detained, Cancellation of Removal is the most common avenue for relief. To win this, for a non-permanent resident, the person must have been in the country for at least ten years and have qualifying relatives. This includes children, spouse, or parents who are legal residents or United States Citizens. These qualifying relatives must suffer extreme and unusual hardship, if the government chose to deport you.
Asylum is another avenue of relief, if you can show 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 paramount.
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 Legal Permanent Resident or United States Citizen and suffered abuse from them.
Please also remember that the government can deport legal permanent residents. For Legal Permanent Residents there also exists Cancellation of Removal. 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.
If you are facing deportation proceedings call us. We’re experienced immigration attorneys who offer free case evaluations. We’ve defended community members in Immigration Courts from Buffalo, New York to Los Angeles.
Our team of compassionate and experienced attorneys are here to help guide you in your time of need.