News

What does the immigration reform proposed by President Biden include?

Posted on by Cynthia Alcaraz

 

President, Joe Biden, signed the following executive orders on day 1:

  • Added protections to DACA to prevent any future attacks against Dreamers,
  • Has called on Congress to enact legislation providing permanent status and a path to citizenship for immigrants,
  • Halted former President Trump’s efforts in excluding nonresidents/noncitizens from the census,
  • Overturned President Trump’s executive order that pushed aggressive efforts to find and deport unauthorized immigrants,
  • Blocked the deportation of Liberians who have been living in the United States,
  • Ended the Muslim Ban,
  • Ended the construction of Former President Trump’s border wall with Mexico.

What is President Biden planning to propose on his immigration reform?

Here are a few points that we know about the proposed law, “U.S. Citizenship Act of 2021”:

  • Immediate eligibility for legal permanent residence (green card) for those with DACA, TPS, and agricultural workers who meet certain requirements
  • Path to citizenship for the individuals without legal status. Eligibility for green card after 5 years. Applicants will have to complete a background check, provide proof that they pay taxes and proof of physical presence in the United States on or before January 1, 2021
  • Temporary status for anyone with an approved family petition
  • Citizenship after 3 years, instead of 5 years
  • Elimination of one-year rule for political asylum
  • Increase annual U Visas from 10,000 visas to 30,000 visas
  • Eliminate waiting lists for immigrant visas
  • Eliminate penalties of 3 and 10 years

**Please remember that the points above are points that the Biden administration is considering for their proposal. There will be negotiations and changes before Congress is able to vote. It is not yet a law and there are still many unknown questions and details.

Recommendations

If you have have been detained at the border, arrested by the police or submitted an application with immigration in the past, please see below:

In case there is an immigration reform that is passed in the future, here are some recommendations on how you can prepare:

  1. Consult with an experienced immigration attorney that specializes in immigration law.
  2. Request all of your records (criminal and immigration) to have them ready. Such as:
    • Border Detention Records (If you have been detained at the border or have a deportation order)
    • Criminal Record (if you have been arrested or cited by the police)
    • Immigration Record (If you have submitted an application with immigration in the past)

The records mentioned above need to be requested from several agencies which can take anywhere from 9 months to a year to receive. Which is why it is important to start requesting them now.

If the above does not apply to you, please see below:

If you have never been detained at the border, don’t have a deportation order, don’t have a criminal record or you have not submitted an application with immigration in the past. You can start gathering documents to prove: 

  1. Your physical presence in the United States and, 
  2. Good moral character letters or recognitions such as awards/certificates.

If you would like to consult with one of our attorneys, please contact our office at 213.200.1505 to schedule an appointment.

Deferred Action for Childhood Arrivals (DACA) is Fully Restored!

Posted on by Cynthia Alcaraz

Today, December 4, 2020, U.S. District Judge Nicholas G. Garaufis in Brooklyn announced that he is fully restoring DACA to when it was first implemented by the Obama administration.

 

This means that individuals can apply for DACA for this first time, renew their DACA for 2 years and apply for advance parole.

 

His decision comes after finding that the acting Homeland Security Secretary Chad Wolf was given his position unlawfully, which vacates the memo he drafted in July.

 

Judge Garaufis has ordered the Department of Homeland Security (DHS) to announce publicly on Monday that they will be accepting first time applications and ensure that work permits are valid for 2 years.

 

The past couple of years have been dark for our immigrant community under the Trump administration and it is exciting to see that things are finally turning around.

 

Today we celebrate and tomorrow we continue the fight!

 

If you have questions about DACA, we are more than happy to help. We will be offering FREE consultations with an attorney from December 7- December 11, 2020. This is the time to take action. Call us at 213.200.1505 to schedule your appointment.

 

 

What are the requirements to apply for the U Visa?

Posted on by Cynthia Alcaraz

The U Visa – A Pathway to Residency for Certain Crime Victims and Their Family Members

For many undocumented immigrants in the United States, living in the shadows involves fearing the police due to the possibility that a police officer may call Immigration and Customs Enforcement (ICE) to report them. As a result, immigrants that are victims of crime are afraid to report the crimes against them. Consequently, criminals are not punished and the crime goes unpunished.

In 2000, Congress decided to create and pass the U Visa to motivate immigrants to report crimes to the police without fear of being reported to ICE in order to reduce crime in their communities. An immigrant who is granted the U Visa as a principal applicant or as derivative will be granted legal status and a work permit for a period of four years. After three years of continuous physical presence in the US with the U Visa, the immigrant will be eligible to apply for legal residency.

How can you qualify?

To qualify for the U Visa, the immigrant must first prove the following:

  1. That you have been the victim of one of the eligible crimes.
  2. That you have suffered physical or mental abuse as a victim of the crime.
  3. The immigrant must have information about the crime (police report).
  4. Cooperate with the investigation.
  5. The crime must have occurred in the US, or it must have violated US laws.

The most common eligible U Visa crimes are domestic violence, assault with a weapon, and sexual assault. However, there are 28 crimes eligible for the U Visa.

What crimes qualify for the U Visa?

  • Abduction
  • Abusive Sexual Contact
  • Blackmail
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Female Genital Mutilation
  • Felonious Assault
  • Fraud in Foreign Labor Contracting
  • Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Exploitation
  • Slave Trade
  • Stalking
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint
  • Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above.

What is the first step to start the U Visa application?  

  1. The first thing is to get the police report.
  2. Next, you must request the signature from the police department that took the police report for the U Certification. The police department checks to see if the crime is under the list of crimes that qualify for the U Visa and if you cooperated with the investigation.
  3. Upon obtaining the signature for the U Certification, you have 6 months to submit your application for the U Visa. It is very important to gather all the necessary documents to submit your application on time. We recommend that you speak with an immigration attorney.

If you would like to know if you qualify, don’t hesitate and call Franco Law Group. Our attorneys have experience submitting strong U Visa applications. With that said, for the month of November and December we are offering 25% off if you retain our office to request the U Certification if you have the police report. Call us today at 213.200.1505 to schedule your appointment.

FAQ: REQUEST FOR FURTHER EVIDENCE/ INTENT TO DENY

Posted on by Cynthia Alcaraz
What is Request for Further Evidence (RFE)? 

Typically, USCIS requests further evidence when the applicant has not submitted enough evidence to establish that they are eligible for the relief they are applying for or additional evidence is needed. 

This has been a very common response from the department of United States Citizenship and Immigration Services (USCIS) for immigrants submitting residency, U-Visa, and citizenship applications. This administration has been using this tactic to delay even more the application process.

What is Notice of Intent to Deny (NOID)?

If you receive a letter from immigration titled Notice of Intent to Deny (NOID), USCIS is informing the applicant that USCIS intends to deny the application, but will give the applicant the opportunity to submit additional evidence or arguments to try to convince USCIS that a denial should not be issued.  

How will immigration notify me if I need to provide further evidence?

An RFE or NOID is usually in the form of a letter and is very specific as to the additional evidence USCIS requires.  Further, the letter will provide a specific deadline by which the additional evidence or arguments must be submitted.

What do I do if I received a letter from immigration titled Request for further Evidence (RFE) or Notice of Intent to Deny (NOID)?

You must consult with an immigration attorney as soon as possible as these notices have strict and short deadlines. During the consultation with an immigration attorney, the attorney can determine the specific evidence that is been requested, if any other evidence that was not requested that should also be submitted, and also to determine if any legal arguments must be made in support of the initial application or in response to the RFE or NOID.

What happens to my immigration case if I do not respond in time to the request for further evidence or notice of intent to deny from immigration?

A response to a RFE or NOID that is deemed insufficient or that is not filed by the required deadline will result in the denial of the immigrant’s initial application.  Further, under the guidelines of the administration of President Donald J. Trump, a USCIS denial will also likely result in the applicant being placed in removal proceedings before an immigration judge.  For these reasons, it is imperative that an immigrant consults with an immigration attorney if they receive a RFE or NOID from USCIS.

Who is the best attorney to hire to respond to USCIS’ request for further evidence or notice of intent to deny?

The attorneys at Franco Law Group are experienced in responding to RFEs and NOIDs and are available to assist you with your case. Call us today at 213.200.1505 to schedule your consultation with one of our experienced attorneys. They will explain in detail what immigration is requesting, the process step by step, and what to expect.

Adelanto and Otay Mesa Detention Centers During COVID-19

Posted on by Cynthia Alcaraz

Immigrants held at detention centers such as the Adelanto Detention Center and the Otay Mesa Detention Center live in fear for their lives for being at risk of contracting the Coronavirus due to the tight quarters they find themselves in. Many of them have health issues and do not have access to quality medical resources to protect them if they were to fall ill with COVID-19. 

On May 6, 2020, CBS 8 reported the 1st COVID-19 related death of a detainee at the Otay Mesa Detention Center.  According to NBC Bay Area on May 15, 2020, ICE listed on their website that there are 149 infected detainees at the Otay Mesa Detention Center, the highest known in the country’s sprawling network of immigrant detention facilities.

According to the agency, the Adelanto Detention Center, reported 4 detainees with COVID-19. On May 14, 2020, an employee with the U.S. Immigration and Customs Enforcement (ICE) working at the Adelanto ICE Processing Center tested positive for COVID-19.

To protect the health of immigrant detainees at detention centers nationwide and more specifically the Adelanto Detention Center and the Otay Mesa Detention Center, civil rights organizations such as the Human Right’s Watch, ACLU, and the National Immigrant Justice have pressured ICE and federal judges to release detainees in order to protect their health.

Thanks to their efforts on May 5, 2020, a federal judge ordered immigration officials to immediately reduce the number of detainees at the Adelanto ICE Processing Center amid the coronavirus pandemic. (Desert Sun) 

Due to the loss of the 57 asylum seeker that died at the Otay Mesa Detention Center due to COVID-19, a San Diego federal judge ordered that a group of “medically vulnerable” detainees at the Otay Mesa Detention Center be screened for release amid the COVID-19 outbreak at the facility (CBS 8).  

We have to continue pressuring ICE agencies and federal judges to continue releasing detainees in order to protect their lives.

How to contact a family member that is detained at the Adelanto or the Otay Mesa Detention Center?

If you have a family member detained at the Adelanto Detention Center this is how you may get in contact with them:

If you need information about a detainee that is housed at this facility, you may call (760) 561-6100 between the hours of 8 a.m. and 4:30 p.m. When you call, please have the individual’s biographical information ready, including first, last and hyphenated names, any aliases he or she may use, date of birth and country of birth.

If you need to get in touch with a detainee you must call (866) 348-6231 and leave the detainee’s full name, alien registration number and a telephone number where you can be reached. He or she will be given your message.

Detainees cannot receive incoming calls. If you need to get in touch with a detainee to leave an urgent message, you must call (760) 561-6100 and leave the detainee’s full name, alien registration number and your name and telephone number where you can be reached. The detainee will be given your message (Adelanto Website).

If you have a family member detained at the Otay Mesa Detention Center this is how you may get in contact with them:

If you need information about a detainee that is housed at this facility, you may call (619) 671-8700 between the hours of 8 a.m. and 4 p.m. When you call, please have the individual’s biographical information ready, including first, last and hyphenated names, any aliases he or she may use, date of birth and country of birth.

Detainees cannot receive incoming calls. If you need to get in touch with a detainee to leave an urgent message, you must call (619) 671-8724 and leave the detainee’s full name, alien registration number and your name and telephone number where you can be reached. The detainee will be given your message (Otay Mesa Website).

Are you in need of an immigration attorney? 

If you or a loved one has been placed in immigration detention it is imperative that you consult with an immigration attorney as soon as possible. You may reach Franco Law Group at 213.200.1505 to schedule an appointment. Our office hours are Monday-Friday from 10 am to 6 pm.

Our attorneys have experience with detainee cases at the Adelanto and Otay Detention Centers, as well, as out of state detention centers. We have an office located in Los Angeles at 5601 E. Beverly Blvd., Los Angeles, CA 90022 and in San Diego at 402 West Broadway, San Diego, CA 92101.