Defense of Deportation
The U.S. Government may place an individual into removal proceedings (deportation) for a number of reasons, including but not limited to:
- If you entered the country without being admitted (undocumented entry);
- If you overstayed the period of lawful status on a temporary visa;
- If you worked without employment authorization, or otherwise violated the terms of your visa status; or,
- If you have been convicted of a certain crime.
If you are in removal proceedings, or at risk of being placed into removal proceedings for one of the above reasons, it is critical that you speak with an immigration lawyer with experience in deportation defense immediately. There are various forms of legal relief available to certain qualifying individuals, including, political asylum, cancellation of removal, withholding of removal, adjustment of status, and voluntary departure.
The Law Office of Evan D. George represents individuals with deportation defense, which includes representation before the Immigration Court, on appeal before the Board of Immigration Appeals, as well as with preventative steps to avoid removal proceedings entirely.
Temporary VISAS (H-1B, student, finance, J-1)
Political Asylum
Asylum provides permanent lawful status to individuals who establish that they have a well-founded fear of persecution on account of their race, religion, nationality, political opinion or membership in a particular social group. An individual may seek asylum affirmatively, by submitting an application with the DHS United States Citizenship and Immigration Service, or defensively, if already in removal proceedings (deportation) before an Immigration Judge. While certain exceptions exist, it is essential that an individual apply for asylum within the first year of their arrival into the United States. Asylees may obtain employment authorization, and permission to reenter the country after travel abroad (to any country other than the country of persecution). Asylees are eligible to apply for a green card on the one-year anniversary of their grant of asylum.
VAWA and the U-VISA
Domestic violence is a pattern of abusive used to establish power and control over an individual by the threat or use of violence. If you are subject to abuse you should leave your home immediately. You have a right to file a protection order against your abusive spouse- seek out your local domestic violence shelters for assistance. If you are abused spouse or child of U.S. citizen or permanent resident, you may be eligible to self-petition for lawful permanent resident status (green card) without the involvement, or knowledge, or your abusive spouse.
Local Domestic Abuse Shelters and Resources: Peaceful Paths Three Rivers Legal Services If you don’t know what to do or where to turn, contact the National Domestic Violence Hotline website or call them at 1-800-799-SAFE (7233) or 1-800-787-3224 (TTY).
Citizenship
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. – XIV Amendment to the U.S. Constitution.
There are two basic ways by which an individual may obtain U.S. citizenship, either by birth or via the process of naturalization. BY BIRTH An individual may become a U.S. citizen by birth in the following ways:
1. Birth in the United States;
2. Birth to two U.S. citizen parents, outside of the United States, as long as one of the parents have resided in the United States prior to the birth;
3. Birth to one U.S. citizen parent, as long as the U.S. citizen parent resided in the United States for at least five years, two of which were after their 14th birthday;
4. Automatic Citizenship under the Child Citizenship Act, for children under 18.
Naturalization
Naturalization is the process by which a foreign citizen or national becomes a U.S. citizen. An individual may apply for naturalization if they have been:
1) a legal permanent resident of the United States for at least five years
2) a legal permanent resident based upon a marriage to a U.S. citizen, with whom they have lived for at least three years; or,
3) permanent residents who have served in the U.S. military for at least three years.
Certain exceptions apply depending on the circumstances.
In order for an application for naturalization to be approved, the applicant must meet certain requirements, including establishing:
