Important Notice! – Deferred action is still available!
Although there has been talk that President Trump will end the deferred action program, no action has been taken to do so. What does this mean for you? If you are eligible to apply for deferred action for the first time or if you are eligible to renew your deferred action benefits, NOW IS THE TIME TO DO IT!
To see if you qualify to take advantage of the deferred action program and obtain work authorization, call us today at (208) 331-9393.
Are you in removal proceedings? Your dreams of immigrating to the United States can come true!
Did you know that if you or a member of your family has lived in the United States for many years, have a spouse parent or child who have legal status in the United States or are US citizens, there is a good chance that you or your family member will be released from immigration detention and have the opportunity to fight for the right to stay and live in the United States legally?
In order to do this, you should consult with a qualified and experienced immigration lawyer to ensure that there are no errors. There are many different processes that can help you or your family member remain in the United States, however, only an immigration lawyer will know how best to help defend your case. Mistakes can be very costly.
We have seen too many people in our community get exploited just because they do not understand their rights. If you or your family member has been arrested and face deportation, you need to know your rights!
Knowledge Is Power!
In these difficult situations, you and your family must remain strong.
That’s why our law firm, Brian Webb Legal, is dedicated to providing information and assistance to help you or your family from being deported, or to help you or your family members to become legal residents, or to work legally in the United States.
Not in removal proceedings? Even better!
You do not have to be in removal proceedings to gain legal status to be in the United States. Thanks to the adjustment of status, immigrant visa, and other immigration applications, you or your family members can obtain a green card and begin the path to citizenship!
Brian Webb Legal has many years of experience helping our clients become citizens and legal residents in the community. Do not delay in finding out how we can help you achieve your dreams!
At Brian Webb Legal you will be treated like family by attorney Michael McClure. Michael speaks Spanish and will treat you with the honesty and respect you deserve!
Call us now at (208) 331-9393 so we can start helping you.
Frequently Asked Questions
Can I get an immigrant visa in the United States?
Those seeking an immigrant visa must apply for their visa through an embassy or consulate outside the United States. However, as of March 4, 2013, certain immigrant visa applicants who are relatives of U.S. Citizens can drastically reduce the amount of time they must wait outside the United States for their visa to be approved. Recently, this same benefit has been extended to certain immigrant visa applicants who are relatives of Lawful Permanent Residents (LPRs).
Can I obtain lawful permanent residence in the United States?
It depends. As noted above, the application for residence through an immigrant visa requires the applicant to complete the process outside the United States. However, some people may be eligible for permanent residency through a process called adjustment of status. To qualify, they must have entered the United States legally or, if they entered illegally, they must have a previously filed petition that was filed before a certain date. For those who qualify, the whole process of adjustment of status takes place in the United States.
Does marriage to a citizen of the United States means that you automatically get a green card?
No. However, a US citizen can file a petition on behalf of your spouse and begin the process of legal residence. Whether this process is to apply for an immigrant visa or adjustment of status depends on the circumstances of each individual case.
What family members can sponsor their relatives in the immigrant visa or adjustment of status process?
With a few exceptions and restrictions, a U.S. citizen can sponsor a spouse, minor (unmarried) child, parent, brother, adult son or daughter (regardless of marital status), or fiancée for an immigrant visa, popularly known as a green card. In addition, a foreigner in the U.S., provided lawful permanent residence (holder of a green card) can sponsor a spouse, minor (unmarried) child or adult son or daughter (unmarried).
Can victims of a crime obtain lawful status in the U.S.?
Individuals that have been victims of certain crimes that occurred in the U.S. may qualify for a U-Visa if that individual possesses information about the crime; was helpful in the investigation of the crime or the prosecution of the perpetrator; and has suffered as a result of being a victim of the crime. U-Visas are valid for four (4) years. A U-Visa holder may apply for a green card after having the visa for three (3) years, but must do so before the U-Visa expires.
What is the basis for deportation? What are the consequences of deportation?
Deportation (or removal) can occur when a foreigner has violated some immigration or criminal laws and is placed in removal proceedings by immigration officials (ICE). The consequences of being deported include separation from one’s family and a long process back to the U.S., if possible.
What are deportable offenses?
Deportable offenses are those activities for which a foreigner may be forced to leave the US and return to their country of origin. It is important to know that legal permanent residents are even subject to deportation based on deportable offenses. Some deportable offenses include the use of fraudulent documents to enter the US, providing false statements (such as marriage fraud) to receive a visa, and the commission of certain crimes (like most drug offenses, aggravated offenses, domestic violence and child abuse, weapons offenses and much more).
Can a deportation or removal order be appealed?
Yes. In most cases, an order of deportation or removal by an immigration judge (or confirmed by the Board of Immigration Appeals) may be appealed. Such appeals are time sensitive and would be wise to consult with an immigration lawyer within days from receipt of a bad result in your immigration hearing. This will allow your lawyer enough time to evaluate and prepare its case to appeal if you are eligible for relief.
What is naturalization?
Naturalization is the process in which a legal permanent resident becomes a U.S. citizen. Naturalization is possible once the applicant has been a legal permanent resident for either three (3) years or five (5) years, depending on how they obtained their legal residence. With some exceptions, naturalization requires an individual be of “good moral character;” meet certain residency requirements; take an oath of allegiance to the U.S.; pass an English literacy, history and government test; and successfully interview with a government official to establish the right to citizenship.
Who is eligible for deferred action?
To be eligible for deferred action, the following requirements must be met:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Had no lawful status on June 15, 2012, meaning that:
- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Educational Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, a significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
- If you have a record, you should consult with an experienced immigration attorney to see what your options are.
NOTE: Deferred action does not confer legal status on an individual. However, many benefits such as employment authorization are available through deferred action.