Special Situation Immigration Attorney in DeLand County

U.S. immigration law provides solutions for individuals facing special situations that may not fit the standard immigration processes. These provisions are designed to address the unique circumstances of certain applicants or beneficiaries.

1. Waivers of Inadmissibility: Individuals with certain immigration violations, such as unlawful presence or criminal convictions, may be eligible for waivers of inadmissibility. These waivers, typically filed on Form I-601, allow applicants to bypass grounds of inadmissibility if they can demonstrate extreme hardship to a U.S. citizen or lawful permanent resident relative.
2. U Visa: Victims of certain crimes who have cooperated with law enforcement may apply for a U visa under INA §101(a)(15)(U). This visa provides protection for victims of crime, including domestic violence, human trafficking, and other serious offenses, while allowing them to stay in the U.S.
3. Temporary Protected Status (TPS): Nationals from countries affected by ongoing conflicts, natural disasters, or extraordinary conditions can be granted TPS to remain in the U.S. temporarily. This status is provided by the Secretary of Homeland Security under INA §244.
4. Deferred Action for Childhood Arrivals (DACA): DACA provides temporary relief from deportation for individuals brought to the U.S. as children, offering work authorization and protection from removal.

These special provisions reflect the flexibility of U.S. immigration law in addressing unique and often urgent cases.

Advanced Parole Travel Document

An Advanced Parole travel document allows individuals who are in the U.S. on a temporary status, such as those with pending Adjustment of Status (AOS) applications or DACA recipients, to re-enter the U.S. after traveling abroad without losing their pending immigration status. The process is governed by INA §212(d)(5) and 8 CFR §212.5.

Typically, individuals applying for AOS are advised not to leave the U.S. while their application is pending, as this could result in abandonment of the application. However, obtaining Advanced Parole enables them to leave temporarily and return without jeopardizing their immigration status. It is important to note that Advanced Parole does not guarantee re-entry, and applicants should not leave the U.S. without it if they wish to maintain their pending status.

To apply, individuals must file Form I-131 (Application for Travel Document), providing evidence of their pending immigration application. Once granted, the Advanced Parole document is typically valid for a set period, allowing re-entry into the U.S. without a visa.

It is essential to seek legal advice before traveling on Advanced Parole, as re-entry is at the discretion of immigration officers.

Parole Status

Parole status is a discretionary permission granted by U.S. immigration authorities to allow individuals to enter or remain in the U.S. for a specific period, even if they do not meet all the regular immigration requirements. Parole does not confer permanent resident status and is not an immigration visa. It is primarily used in cases of humanitarian reasons or for public interest. Parole status is governed by INA §212(d)(5) and 8 CFR §212.5.

There are two main types of parole:

1. Humanitarian Parole: This is granted to individuals who may not otherwise be eligible to enter the U.S., such as for medical treatment, family reunification in emergency situations, or to escape dangerous conditions in their home country. It is granted for temporary stays and is not intended to lead to permanent immigration status.
2. Advance Parole: Individuals in the U.S. with pending Adjustment of Status (AOS) applications can apply for Advance Parole to leave the country temporarily and return without abandoning their application. This allows people to travel while their green card application is being processed.

Parole status does not provide a pathway to a green card or citizenship, but it allows individuals to remain in the U.S. for the duration of their parole.

Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy that provides temporary relief from deportation for certain undocumented individuals who were brought to the U.S. as children. Introduced in 2012, DACA allows qualifying individuals to stay in the U.S. and apply for work authorization for a period of two years, with the option to renew. This policy is governed by INA §103 and 8 CFR §274a.12.

To qualify for DACA, applicants must meet several key requirements:

1. Arrived in the U.S. before turning 16 and were under 31 years old as of June 15, 2012.
2. Continuously resided in the U.S. since June 15, 2007.
3. Are currently in school, have graduated from high school, or have been honorably discharged from the U.S. military.
4. Have no significant criminal convictions.

DACA does not provide a direct path to permanent residency or citizenship, but it offers temporary relief and protection from deportation. It also allows recipients to obtain employment authorization. However, it is important to note that DACA is a form of deferred action and can be rescinded or altered by changes in policy or administration.

Special Immigrant Juvenile Status (SIJS)

Special Immigrant Juvenile Status (SIJS) is a U.S. immigration status that provides protection to children who have been abused, neglected, or abandoned by one or both parents. It is designed to help minors, typically under the age of 21, who cannot be reunited with their parents and who are unable to return to their home countries due to harmful conditions. SIJS is governed by INA §101(a)(27)(J) and 8 CFR §204.11.

To qualify for SIJS, the child must meet several requirements:

1. Be under the age of 21.
2. Have been declared dependent on a juvenile court or placed under the custody of a state agency or individual.
3. The juvenile court must have found that the child has been abused, abandoned, or neglected by one or both parents.
4. It must be determined that it is not in the child's best interest to return to their home country.

Once granted SIJS, the child can apply for lawful permanent residence (green card) in the U.S. SIJS provides a pathway to permanent residency and eventually to citizenship. However, applicants must go through both the juvenile court process and the immigration process to obtain SIJS.

Military Parole in Place

Military Parole in Place (PIP) is a discretionary form of parole that allows certain family members of active-duty U.S. military personnel to remain in the U.S. temporarily, even if they are otherwise ineligible for lawful status. This provision is designed to support military families and is governed by INA §212(d)(5) and 8 CFR §212.5.

Military PIP is primarily available to individuals who are immediate relatives (spouse, parent, or child) of U.S. citizens or lawful permanent residents serving in the U.S. Armed Forces. The applicant must be physically present in the U.S. and have been in violation of immigration law (e.g., overstayed visa or entered without inspection). Through PIP, they can avoid deportation and potentially become eligible for further immigration benefits, such as applying for a green card.

To apply, the service member or veteran must submit a request on behalf of the family member, detailing their relationship, the need for parole, and the military connection. USCIS reviews these requests on a case-by-case basis, and approval is not guaranteed.

Military PIP does not grant permanent resident status but allows the family member to remain in the U.S. while their immigration status is addressed.

Victims of Domestic Abuse and U.S. Immigration Law

U.S. immigration law provides protections for victims of domestic abuse, particularly for those who are immigrants or non-citizens. Under the Violence Against Women Act (VAWA), certain victims of domestic violence may be eligible for special immigration relief, regardless of their immigration status. The law applies to both men and women who have been abused by U.S. citizens or lawful permanent residents.

1. VAWA Self-Petition (Form I-360): Victims of domestic abuse can self-petition for a green card without the abuser’s knowledge or consent. This petition is available to spouses, children, and parents of U.S. citizens or permanent residents who have been subjected to abuse. The petitioner must show evidence of the abuse and prove their relationship with the abuser.
2. U Visa: Victims of domestic violence who have cooperated with law enforcement in the investigation or prosecution of the crime may be eligible for a U Visa. The U Visa grants non-immigrant status to victims of qualifying crimes, including domestic abuse, and allows them to stay in the U.S. while their case is being processed.

Both options help victims of domestic violence remain in the U.S. and rebuild their lives free from abuse.

Victims of Criminal Activity and U.S. Immigration Law

U.S. immigration law offers special protections for non-citizens who have been victims of criminal activity, allowing them to stay in the country while aiding law enforcement in the investigation or prosecution of the crime. The U Visa and T Visa are two key forms of relief for such victims, as defined under INA §101(a)(15)(U) and INA §101(a)(15)(T).

1. U Visa: The U Visa is available to victims of qualifying crimes, such as domestic violence, sexual assault, human trafficking, and other serious offenses. To qualify, the victim must have cooperated with law enforcement and must be helpful in the investigation or prosecution of the crime. The U Visa provides temporary status for up to 4 years, and it can lead to a pathway to permanent residency.
2. T Visa: The T Visa is designed for victims of human trafficking who are in the U.S. on an unauthorized basis. The victim must demonstrate that they were trafficked and that they are cooperating with law enforcement efforts to investigate and prosecute the traffickers. The T Visa also offers a pathway to permanent residency after meeting certain conditions.

Both visas are designed to protect vulnerable individuals, offer them legal status, and support their recovery from criminal victimization.

Victims of Human Trafficking and U.S. Immigration Law

Victims of human trafficking are provided with specific protections under U.S. immigration law, allowing them to remain in the country while assisting law enforcement in the investigation or prosecution of traffickers. The T Visa, created under INA §101(a)(15)(T), is a key form of relief available to individuals who are victims of severe forms of trafficking, including sex trafficking and labor trafficking.

To qualify for a T Visa, the victim must demonstrate that:

1. They are a victim of human trafficking.
2. They are physically present in the U.S. due to trafficking.
3. They have cooperated or are willing to cooperate with law enforcement authorities in the investigation or prosecution of trafficking-related crimes.
4. They would suffer extreme hardship if removed from the U.S.

The T Visa grants temporary status for up to 4 years, with the potential to apply for permanent residency (a green card) after three years, provided the individual continues to meet the eligibility criteria.

The T Visa allows victims to remain in the U.S., receive support services, and rebuild their lives free from trafficking. It also provides a pathway for immediate family members of the victim to apply for derivative T Visas to join them in the U.S.

Criminal Law for Immigrants

Immigrants in the U.S. must be aware of how criminal convictions can affect their immigration status. U.S. immigration law, particularly under the Immigration and Nationality Act (INA), contains provisions that address the impact of criminal offenses on non-citizens.

1. Grounds of Inadmissibility and Deportability: Certain criminal convictions, such as drug trafficking, aggravated felonies, and crimes involving moral turpitude (CIMTs), can lead to deportation or denial of entry. Individuals convicted of these offenses may face removal from the U.S. and be barred from re-entry under INA §212(a) (inadmissibility) and INA §237(a) (deportability).
2. Aggravated Felonies: Defined under INA §101(a)(43), aggravated felonies include crimes like murder, rape, drug trafficking, and fraud involving large sums of money. Convictions for aggravated felonies can lead to permanent bar from re-entering the U.S., even after serving time in prison.
3. Waivers and Relief: Some immigrants may qualify for relief from deportation, such as applying for a waiver of inadmissibility (Form I-601) or cancellation of removal. These forms of relief may allow individuals to remain in the U.S. despite criminal convictions if they can show hardship or meet other eligibility criteria.

Understanding how criminal convictions impact immigration status is crucial for avoiding deportation and ensuring long-term legal residency. A system of “withholds”

In Florida, the law allows a system of “Withholds” of guilt. This allows you to plead guilty, but the court does not convict the person under Florida state law. However, in the federal system considers a “Withhold of Guilt” the same as a being found guilty. You MUST find an attorney who can handle both your immigration issue and criminal case at the same time. A poor criminal decision could affect your immigration status for your entire life.