Can marriage to a US citizen stop deportation?

The short answer is no. Marriage alone won’t stop deportation or prevent you from being deported in the future. But, marriage to a US citizen can make it easier to establish your legal status in the United States.

If you or your spouse is an undocumented immigrant, then what are your options?

Your Immigration History Makes a Difference

After marriage, spouses are legally viewed as “immediate relatives.” However, you’ll only qualify for a green card if you meet one of the rare conditions for adjustment of status. Unfortunately, the majority won’t qualify for these conditions.

What you qualify for will depend on your immigration history. For ease of use, we’ve divided your options by case. Read the one that best describes you.

I have entered the country illegally two or more times

It will be more difficult for individuals who have entered the country illegally more than two times to establish their legal status. Especially if their total stay was longer than one year or they illegally entered the country after being deported.

If this is your situation, it’s possible that you could be permanently barred from returning to the United States. Your best option is to seek counsel from an immigration attorney, who will find the best option for you.

I have entered the country illegally one time and my stay was longer than 6 months

Establishing your immigration status is easier if you’ve only entered the country illegally one time. But, you still need to act quickly and complete the right process to successfully establish your immigration status.

You will be expected to leave the country and complete the green card application process at a US consulate in your country of origin. However, leaving the country could result in being barred from returning to the United States for 3-10 years. To avoid this from happening, you need to apply for a waiver.

This waiver requires you to provide strong evidence that your relative will suffer extreme hardship if left alone in the United States or if they were forced to live in your country of origin. Read this list to understand what qualifies as extreme hardship.

Once this waiver has been approved you’ll be able to complete an immigrant visa application and return if it’s approved without the 3-10 year waiting period.

I have entered the country illegally one time and my stay was less than 6 months

If your stay in the country is less than 6 months, then the simplest option is to return to your country of origin and apply for an immigrant visa. These are generally issued without too many problems since your stay in the country didn’t exceed 6 months.

Pursue the right option with the right partner

Knowing all of your options is essential to successfully stopping deportation and establishing your immigration status in the country. To do it confidently, you need to find a trusted immigration attorney.

At Robichaud & Alcántara our Minneapolis-based attorneys are specialists in immigration law. We’ve helped many clients successfully stop deportation and legally immigrate to the United States. If you still don’t know what comes next, then schedule a free consultation and let us help.

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How to Stop Deportation (6 Common Options)

Facing deportation is a stressful situation for you and your loved ones. But, it doesn’t mean that you’re out of options. In this article, we’ll discuss a few common ways to stop deportation.

Deferred Action (DACA)

Deferred Action is when the government agrees to not take action on your case for a limited amount of time, usually 2 years. Afterward DACA recipients can apply for a work permit and social security number, giving them access to essential documents like a Driver’s License. If you are currently benefiting from this agreement or want to apply, you should talk to an immigration attorney since the status of the program is shifting.

Adjustment of status

Adjustment of status is a process you can use to apply for lawful permanent residence without leaving the country. Typically these options are available to people who have entered the country legally. An immigration attorney will help you understand if this option will work for you.

But, what if you didn’t enter the country legally?

Cancellation of Removal and Adjustment of Status for Certain Non-Permanent Residents

This act can help you stop deportation, but you need to make sure that you meet the strict requirements. Some of the requirements include:

• Having lived in the U.S. without leaving for 10 years or more.
• Being a person of good moral character.
• Not having a conviction that includes serious offenses.
• Your removal would cause unusual hardship to another qualifying United States citizen, for example, a spouse, parent, or child.

Violence Against Women Act (VAWA)

If you have been a victim of abuse or extreme cruelty you may be able to apply for a cancellation of deportation. Among other things you’ll need to have proof of residence in the U.S. for 3 years and a good moral character. Taking advantage of this act can help you get a green card and provide a path to citizenship.

Asylum

If you came to this country seeking protection from persecution based on race, religion, nationality, social group, or political opinion you may qualify to receive protection through Asylum. Successfully applying for Asylum can help you get a work permit and eventually a green card, but you must fall into one of the mentioned categories.

Withholding of Removal Under Section 241 and Under the Convention Against Torture

Withholding of removal can stop deportation based on danger you’ve experienced in the past or may experience in the future from your home government. This process can also be used if you may experience serious harm upon returning to your home country.

The Convention Against Torture or CAT specifically protects those who could be tortured when returning to their home country. To take advantage of this act the person would need evidence to prove this possibility, such as evidence of past torture.

Unlike Asylum, it’s usually not possible to apply for permanent residence after receiving the benefits of these acts. But, they can help you stay in the U.S. and receive work permits.

What can you do?

These are just some of the options available if you’re facing deportation. Since your options vary greatly depending on your situation, it’s best to talk to an immigration lawyer to understand your options.

Our Minneapolis law firm, Robichaud & Alcántara, would be happy to help you understand your legal situation. Contact us today to learn what you can do to stop deportation.

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What the DACA Injunction Means for Your Immigration Status

On Tuesday, January 9, 2018 a federal judge in California issued an injunction against President Trump’s decision to end the DACA (Deferred Action for Childhood Arrivals) program. This injunction will temporarily block Trump’s plan, which would have started rescinding work permits and put “dreamers” at risk of deportation as of March 5, 2018.

Some DACA recipients feel that they’ve won a major victory, while others worry that the injunction is only putting off the inevitable. What does this injunction really mean for you? What steps can you take to protect yourself legally?

DACA’s Future Is Still Uncertain

This injunction could temporarily allow recipients to submit renewal applications. But, this all depends on how the Department of Homeland Security decides to respond to the injunction.

Because of this, we recommend that you immediately contact an immigration attorney to discuss whether you should renew at this time. This step will make sense in some cases and an experienced attorney can help you decide if it’s right for you.

What You Can Do

Regardless of DACA’s fate, you may have other options for establishing your immigration status. We encourage you to schedule a free immigration consultation with one of our attorneys. Our experienced team will help you explore every option available to you and can help you start or continue your immigration process.

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What You Need to Know about Temporary Protected Status for Salvadorans

On January 8, 2018, the Office of the Press Secretary released the following statement:

“Today, the Secretary of Homeland Security announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the termination for 18 months. The designation will terminate on Sept. 9, 2019.” — Read the full statement.

This decision will affect over 200,000 Salvadorans who received TPS (Temporary Protected Status) after a series of earthquakes hit El Salvador in 2001. This status allowed Salvadorans to live in the United States for over 15 years regardless of their immigration status. Its termination will affect many including their children with American citizenship.

What It Means for You

TPS will end on September 9, 2019. Over the next 18 months, anyone who previously benefited from TPS will need to find another way to establish their legal status in the United States or return to El Salvador. Many are worried about having to go back to El Salvador with their children who were born and raised in the United States.

If you’re in this situation, what can you do? An experienced immigration attorney can help you understand how this change will affect you. They can also help you start the immigration process, so that you can legally stay in the country after the changes take effect.

Know Your Options

To learn what immigration options you’re eligible for, contact us for a free screening. Robichaud & Alcántara’s team of experienced immigration attorneys will help you navigate the current immigration system and find the right solution for you.

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How to Choose an Immigration Attorney

 

Immigration is a stressful process, it can change your life or that of your loved ones. It’s hard because laws and policies are being updated faster than ever. This makes it hard to know your options and rights. How can you make a good decision while under pressure?

An immigration lawyer can be a partner who helps you make good decisions, and find the options available to you. But, the problem is there are a lot of dishonest people who take advantage of immigrants. How can you choose the right person to help you?

In this post, we’ll show you what to look for and what to avoid when choosing an immigration lawyer. You’ll also find out what information you need to gather before contacting an attorney. Whether you’re searching for an immigration attorney in Minneapolis, the Midwest, or anywhere else, these tips can help.

 

What You Need to Know Before Choosing an Immigration Lawyer

To make the right choice, you need to understand exactly what you’re looking for. Here are a few questions to think of before starting your search:

 

• What services do I need? Try to identify exactly what service you need. These may include deportation defense, work authorizations, asylum requests, or green cards. This will help you find an attorney that’s specialized in your type of case.

• How soon do I need help? You need to find an attorney that can help as soon as you need it. In the case of deportation defense, you may need immediate help, while other cases may take more time.

• Have I organized all of my papers? Gather the information you have, including past applications, immigration documents, and letters/notices. This will help your attorney understand your case before getting started and lead to better results.

• Have I prepared a list of my questions and concerns? During your first meeting with an attorney you need to decide if they’re right for you. Preparing a list of questions will help you cover the points that are most important to you.

 

Answering these four questions will help you prepare for the first meeting with an attorney. After you answer these questions you can start your search for an immigration attorney.

 

Questions to Ask When Choosing an Immigration Attorney

Can I verify their credentials?

You want to ensure you are hiring with a licensed attorney.  A good attorney may clearly display their degrees and license on their office wall and their website or offer them upon request. Ask the attorney to show you their credentials if you do not see them displayed.  

Have they handled my type of case before?

Immigration requires knowledge of federal and state laws, as well as the court system. You need to find an attorney whose been successful with your type of case before. Seeing that they’ve handled similar cases will help you feel at ease and get better results.  You can double-check this experience by searching for the law firm you’re interested in on Google and reading their reviews. This will give you an idea of how legitimate they are. You can expand this search to their social media profiles as well.

Do I understand their rates?

Carefully review the retainer agreement with your attorney to understand how they charge and what their rates are.  Are they charging a flat fee or hourly and why do they charge that way?  Ask questions if you are not clear.  

Are they empathetic and understanding?

Do you feel like they listen and pay attention to you? Feeling comfortable with your attorney will make it easier to discuss confidential information. At the same time, you need to feel like they care enough to trust them with your case.

Do they speak my language?

Choose an attorney that’s fluent in your native language or one that can provide an interpreter. It’s to express yourself in your native language and that you hear what the attorney has to say in your language. This makes it easier to achieve good results.

 

Things to Avoid in an Immigration Attorney

There are many good immigration attorneys out there. But some will try to take advantage of you. Sadly this happens too often, so you need to choose carefully. What are the warning signs that an attorney is wrong for you?

 

• They avoid answering questions regarding experience or seem uninformed about the area of law.  A competent immigration attorney will answer your questions regarding their level of experience and provide information regarding the process you will go through and what difficulties to expect.  The attorney will tell you if there are areas of your case that require research.  If they refuse to provide their credentials, you should find someone else.
• They promise that they’ll win your case or give you an advantage that only they can provide. An attorney can never guarantee that they’ll win. If they promise that they have a loophole that no one else knows about, then stop and think. If it sounds too good to be true, then it probably is.
• They encourage you to lie. A reputable immigration attorney will never tell you to lie. Doing so could could get you into legal trouble and ruin the immigration process for you. A good attorney may tell you to withhold information that you aren’t required to reveal. But, they won’t ask you to lie.
• They are unresponsive and poor communication skills.  A quality attorney will return your phone calls and emails and answer your questions in a way you can understand.  This is necessary so you can stay informed regarding your case.

 

If you see any of these warning signs, then you should find another lawyer. Dishonest attorneys try to get as many clients as they can, charge you quickly, and do very little work. This does more harm than good for your case.

 

Why Your Choice Matters

If you’re reading this post, it’s because you know how important immigration is and want to make the right choice. You know that this choice will affect those you love and care about, and can have an even deeper impact on your family.

Working with an immigration attorney should improve your life instead of adding stress to it. It should make you feel more confident and help you feel secure knowing that your case is in the best hands.

Click here to download and print a copy of this article. Keep it with you as you interview potential attorneys and make sure the attorney you choose is right for you.

 

About Robichaud & Alcántara

Robichaud & Alcántara is a Minneapolis law firm specializing in immigration cases. Our services include: citizenship, family petitions, deportation defense, asylum, U Visas and a variety of other legal services. If you’re in need of assistance, then we can help. We’ll listen closely to your needs, provide personal attention, and do everything in our power to help you with your immigration case. Schedule a free consultation using the form below.

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What You Should Know About Travel Ban 3.0

On December 4th, the third version of the Trump Administration’s travel ban went into effect. This is a temporary decision that allows the travel ban to go into effect while legal challenges are considered.  However, this could significantly delay travel for many people from the affected countries.

This latest version of the travel ban will affect seven countries, including: Iran, Syria, Libya, Yemen, Somalia, Chad, and North Korea. In some cases, the ban completely blocks travel and emigration by citizens of these countries and in other cases certain groups will be allowed to travel or emigrate. If you or your family are citizens of one of these affected countries, you should not leave the country without consulting an experienced immigration attorney.

The complexities of these travel regulations make it hard to find the right solution on your own. We recommend you contact one of our immigration attorneys to help you navigate this difficult situation. We will help you find solutions for your case and protect the rights of you and your family. Robichaud & Alcántara P.A. provides expert legal counsel to clients in and around Minnesota, North and South Dakota, Iowa and Wisconsin.

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New Website Launches

Press Release for our New Website that has launched recently:

Minnesota, MN – Leading Minneapolis law firm Robichaud & Alcantara P.A. are delighted to announce the launch of their new website located at http://www.robichaudlaw.com/. The new site has been designed from the ground up to be easy to navigate, provide users with information about the firm and to introduce the firm’s attorneys. The site uses the latest technology and is compatible with all modern browsers as well as being mobile friendly.

Users can read about the firm’s latest contributions to the local community, and are even able to complete a form to arrange their free initial first consultation.

Robichaud and Alcantara P.A. are a leading attorney firm based in Minneapolis, Minnesota. They also have an office in Vietnam. They specialize in Immigration Law, Auto and Personal Injuries, Workers Compensation and Family Law.

The company is fully committed to the local community, and they regularly offer free legal advice to those in need. The company prides itself on having the personal touch of a small firm matched with the resources and experience of a larger firm.

For more information or to book your initial free consultation visit their website at robichaudlaw.com or get directions to their Minneapolis office here.

Robichaud & Alcantara P.A.
1601 Hennepin Ave S Suite 200
Minneapolis, MN 55403

Phone: 612-333-3343

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