Skip to main content

I have U.S. citizen children with serious health problems—can this help my immigration case?

Maybe. This would depend on how serious these health problems are, what stage of immigration proceedings you are in right now, and what other negative factors affect your case (for example, an existing criminal record, multiple immigration violations, etc.).

No pending proceedings in Immigration Court.

If you are not in any immigration proceedings at the moment (meaning, you are not scheduled to attend court hearings or appear in front of an Immigration Judge), you could file an application called Deferred Action (not to be confused with Deferred Action for Childhood Arrivals) with U.S. Citizenship and Immigration Services (“USCIS”). This application, if approved, will not give you a green card, but would give you a work permit that you can renew indefinitely. There is no form or formal application process for Deferred Action. This type of relief is based on discretion given by the Department of Homeland Security and a good immigration attorney can help you identify what type of evidence you will need to win a case.

Also, you need to be aware that there will be attorneys and notarios who will try to place you intentionally in removal proceedings to get you a work permit (attorney Charles Kuck previously wrote about this on the following post: http://bit.ly/1Mu7WVh). This is a very risky proposition and you should avoid it if you are eligible for Deferred Action.

Pending proceedings in Immigration Court.

If you are currently in proceedings in immigration court and have been attending court hearings, then you could seek Prosecutorial Discretion (“PD”) from the Office of Chief Counsel (the attorneys representing the government). For a description of what Prosecutorial Discretion is and how it works, please see our previous blog post here: http://bit.ly/1XzPX1t. Asking for PD is no easy task; it involves a lot of negotiating with the Office of Chief Counsel and the presentation of compelling evidence to stop your proceedings or close them.

If you do not obtain PD, you can still use evidence of your children’s serious health problems towards any applications you may have before the Court (cancellation of removal, asylum, etc.) to show that your presence is absolutely required in the U.S. and your children would suffer without you here in the country with them.

After proceedings (after an order of removal has been issued against you).

If you are already the subject of an order of removal by a Judge against you, you could apply for a stay of removal or an order of supervision with Immigration and Customs Enforcement (“ICE”), which would also give you a work permit and allow you to stay in the country indefinitely. Please take into account that if this order of removal is from January 1, 2014 or recent, then you may not be eligible for a stay of removal and may actually be detained by ICE for being a removal priority (for a discussion of what makes one a removal priority, please see our previous blog post here: http://bit.ly/1GKEGa8).

If you think you may be eligible for any of these benefits, please contact an immigration attorney to discuss the pros and cons, risks, and the different processes to obtain these benefits.

Johanna Cochran, Associate Attorney
404-949-8170


Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…