This is not legal advice - for legal advice specific to your situation, consult with an attorney
Q. What immigration applications, bonds, or defenses do I qualify for?
A. To fully answer this question, you need to schedule a consultation with an immigration attorney. The attorney will likely have you fill out an intake form and provide information such as your date(s) and manner of entry into the United States, information about your immediate relative(s) and their immigration status(es), details regarding any criminal history, serious medical issues in your family, any prior immigration proceedings or applications, and other personal information. The attorney will review your information and will meet with you to discuss possible next steps in your case and may provide quotes for representation agreements at that time.
Q. What if I already met with an immigration attorney?
A. You are welcome to a second opinion, and it is always helpful to bring documents related to your case for the attorney to review when providing a recommendation.
Q. How can I request my immigration file?
A. Guirguis Law can submit a Freedom of Information Act (FOIA) request on your behalf to collect your immigration records from different government agencies. Call (919) 832-0500 to schedule a FOIA appointment today.
Q. My USC child just turned 21, can I get legal status through her?
A. Potentially, depending whether the applicant is inside of the United States, whether they entered the United States with a visa or otherwise, and depending on other possible immigration violations or criminal history.
Q. How is my criminal case going to affect my immigration case?
A. Criminal convictions can cause serious immigration consequences, and some may not be waivable. Pleading guilty or being found guilty in court may cause applicants to become ineligible for certain immigration applications and defenses to deportation. A guilty plea may also jeopardize your current status, whether you have DACA, TPS, Lawful Permanent Resident (LPR) status, or other types of parole or nonimmigrant statuses.
Q. What if I already pled guilty?
A. Some guilty pleas entered into after 2010 may be able to be reopened if the criminal defense attorney did not specifically advise the client about immigration consequences of pleading guilty before the court accepted the plea. Talk with an immigration attorney about the nature of the criminal case, what advice was discussed from the prior criminal defense attorney regarding immigration consequences, and what options there may be for reopening the case.
Q. What if I am married to a USC or LPR can I apply for an immigration remedy?
A. There is no guarantee that someone who is married to a Lawful Permanent Resident (LPR) or United States Citizen (USC) will qualify for an immigration application, but we can discuss your specific immigration background, history of entrances into the United States, and which waivers processes may be available for certain manners of entry into the United States. People with one entry without inspection may be eligible to have their spouse file a petition on their behalf, then file for a waiver to pardon their entry without inspection and time spent in the US. For this type of waiver to be approved, the applicant would need to show that if they were refused admission to the US, that their qualifying relative(s) would experience extreme hardship, which can be shown through financial, medical, educational, emotional, and other practical hardships through evidence such as affidavits, financial records, medical records, transcripts, receipts, civil documents, and other types of evidence specific to your case. The applicant would then need to go through consular processing and attend an interview outside of the United States, then be readmitted into the US.
Q. I arrived in the US as a child with my parents. Do I qualify for any immigration relief?
A. Currently people who have had DACA approved before can file to renew their applications. At this time, USCIS is not accepting initial DACA applications, despite the Supreme Court’s decision in June 2020 and subsequent federal court order, but there may be other immigration applications and defenses available.
Q. I arrived in the US as a child without my parents. Do I qualify for any immigration relief?
A. Certain applicants under eighteen (18) years of age may qualify as Special Immigrant Juveniles if reunification with one or both of their parents is not viable due to abandonment, abuse, or neglect. A custody order would need to be completed before the applicant’s eighteenth (18th) birthday, and the applicant would need to be declared dependent upon a juvenile court in the United States. Then the Special Immigrant Juvenile Status application would need to be filed with United States Citizenship and Immigration Services (USCIS) before the applicant turns twenty one (21) years old.
Q. Do I qualify for asylum?
A. Applicants for asylum must apply for asylum within one year of entering the United States, or they must show that exceptional circumstances exist to pardon the one-year deadline. Asylum is protection in the United States for applicants who have suffered or are likely to suffer persecution in their country of citizenship on account of - or motivated by - the applicant’s race, religion, nationality, membership in a particular social group, or political opinion.