407-955-5000

Orlando | Raleigh | Charlotte | Smithfield

Florida immigration lawyerIn the course of immigrating to the United States, there is a strong likelihood of interacting with an Immigration and Customs Enforcement (ICE) agent. For a lot of people, talking with a law enforcement officer can be a stressful and nerve-wracking experience. For an immigrant transitioning to life in the U.S., an encounter with an ICE agent can be particularly daunting, and many people may worry about the risks of deportation.

If you or a family member ever need to speak to an ICE agent for any reason, here are a few tips to remember to make these interactions go smoothly:

  1. Be Professional and Polite: The men and women of ICE are law enforcement personnel who have to follow set guidelines, the legal code, and a strict code of ethics. Part of this code of ethics is a standard of politeness, so when interacting with ICE, it is essential to be polite as well. Do this by remembering that most of your interactions with an ICE agent will be routine. This means that if an ICE agent approaches you to talk, it most likely is not because he or she suspects you of any wrongdoing. However, if you have a hostile or uncooperative attitude, this may cause the agent to become suspicious. Many misunderstandings can be avoided by simply being polite and kind to the officer.
  2. Do Not Resist or Be Aggressive: If you are approached by an ICE agent or police officer, do not resist him or her, even if you believe that your rights are being violated. If a law enforcement officer requests that you provide documentation, you are required to do so. However, if the agent begins to ask for additional documents or asks you unusual questions, do not be alarmed. Inform the agent that you are invoking your right to remain silent and that you will not answer any further questions without having your attorney present.
  3. Know Your Rights: If you are a lawful permanent resident of the United States, you have most, if not all, of the rights afforded to American citizens. Other immigrants also have rights that should be protected. If you are ever approached by an ICE agent, know that you have the right to remain silent, and you cannot be searched without a reasonable cause. If ICE comes to your home, remember they cannot enter your residence without either your consent or a search warrant. In any situation, you will always have the right to an attorney.

Contact an Orange County Deportation Defense Attorney

If you or a loved one are immigrating to the United States, it can be a long and complex process. Meeting with law enforcement can cause feelings of anxiety, but it is best to remain calm and collected. If you are concerned about the possibility of being detained or deported, or if you believe your rights were violated by ICE, the compassionate Orlando immigration lawyers at the Vasquez Law Firm, PLLC can provide the legal help you need. We will examine the circumstances of your case, work to protect your rights, and help you avoid deportation. Contact us at 407-955-5000

...

Orlando immigration attorneysObtaining an Immediate Relative (IR) visa for your foreign spouse can be a challenging process. Typically, the waiting time to receive an IR visa is very short, but there is the potential for something to go wrong. United States Citizenship and Immigration Services (USCIS) scrutinizes every spousal application, requiring both partners to provide a great deal of personal information. If the application or documents are not filled out correctly, this can put the visa application and your future happiness in jeopardy. To avoid any bumps in your road to marital bliss, be sure to follow these straightforward tips:

1. Provide Clear Proof That Your Marriage Is Legitimate

Unfortunately, foreign nationals sometimes do use marriage as a pretense to gain entry to the United States. As such, the U.S. State Department sets a high standard for documents that authenticate your marriage. Among the most trusted documents to use as validation of your wedding is an official marriage certificate from the United States, Canada, the Commonwealth of countries that are former territories of the British Empire, or the European Union. Many couples, if they are married in a foreign country, will get a marriage license in the United States before beginning the application process for the visa.

2. Present Evidence That Your Spouse Is Not a Security Concern

With rising national security threats, the United States has begun requiring all visa applicants to submit all social media accounts, email addresses, past travel history, and all the addresses in which they have lived going back five years. Additionally, spouses seeking to live in the United States have to provide information about their family and close contacts. This extra scrutiny has made the process much more difficult. To demonstrate that your spouse is not a national security risk, be sure to gather all relevant information. Provide information even on accounts not currently used. Also, provide an official police record from every country in which your spouse has lived throughout the past several years.

...

Orlando VAWA petition lawyersForeign citizens who live in the United States may face a number of different situations that can affect their legal status, and they may be concerned about the possibility of deportation. Because of this, some victims of abuse may be reluctant to come forward and report these issues to law enforcement. However, those who have suffered abuse may have options that will allow them to avoid deportation and maintain legal status in the United States. The Violence Against Women Act (VAWA) provides protections in these cases, and it may allow victims to receive Green Cards and ensure that they will not be required to leave the U.S.

Who Qualifies for VAWA Protections?

While the title of the Violence Against Women Act indicates that this law applies to women, it also provides protections for anyone who has suffered abuse, including men, children, or people who are transgender or non-binary. A person may apply for a Green Card through VAWA if they were abused by a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.

To be eligible for VAWA protections, a person must demonstrate that they have a qualifying relationship with their abuser. An applicant may be married to a U.S. citizen or Green Card holder, or they may file an application within two years after the termination of their marriage through divorce or death. Children may also qualify if they were abused by a parent who was a U.S. citizen or lawful permanent resident, and parents may qualify if they were abused by a U.S. citizen or Green Card holder child who is at least 21 years old at the time when an application is filed.

...

Orlando detention bond lawyerPeople who have immigrated to the United States may be concerned about the possibility of deportation. Immigration and Customs Enforcement (ICE) may detain an immigrant for a variety of reasons, including a belief that a person has violated immigration laws, entered the U.S. without authorization, stayed after the expiration of a visa, or committed certain types of criminal offenses. In these situations, a person will usually want to be released from detention while their case is ongoing, and this will allow them to return to their home and maintain employment. In many cases, an immigrant will need to pay an immigration bond, and they will need to attend a detention bond hearing to determine whether they are eligible for this type of bond and set the amount that will need to be paid before they can be released.

Demonstrating Eligibility for an Immigration Bond

In some cases, ICE may set an immigration bond after a person is detained. If a bond is denied, a person may request a detention bond hearing. This hearing will be held before an immigration judge, who will review the facts of the case to determine whether a person is eligible to be released. In some cases, “mandatory detention” will apply, and a bond will not be available. A person may be subject to mandatory detention if they entered the United States unlawfully, if they are suspected of engaging in terrorism, or if they are accused of crimes of moral turpitude that are grounds for deportation.

During a detention bond hearing, the immigration judge will review the available evidence to determine whether a person presents a potential danger to public safety or the national security of the United States. They may consider a person’s previous criminal convictions and any accusations of wrongdoing, including claims that they have committed domestic violence, theft, or assault. The judge will also consider whether a person is a flight risk, meaning that they may attempt to avoid deportation by leaving the area and failing to appear for future hearings. 

...

Orlando immigration attorneysForeign citizens who are looking to come to the United States or who are already in the U.S. may sometimes need to deal with issues related to inadmissibility. Immigration officials may determine that a person is inadmissible because of issues such as health concerns, failure to meet vaccination requirements, previous criminal convictions, the likelihood that they will rely on public assistance, fraud or misrepresentation during the immigration process, or previous deportations or unlawful presence in the United States. In some cases, a person may qualify for waivers of inadmissibility. One reason why a waiver may be granted is qualification for Temporary Protected Status (TPS).

What Is Temporary Protected Status?

Conditions in a person’s home country may affect their ability to return to the country safely. The Department of Homeland Security may choose to designate certain countries for Temporary Protected Status because of conditions that would cause a person to be unsafe when returning to the country or because the country is temporarily unable to handle an increase in population. Some common reasons for TPS designations include civil wars or other armed conflicts, natural disasters, or extraordinary issues that affect people’s health and safety.

Foreign nationals currently in the United States who receive TPS protections cannot be deported. They may also be able to obtain authorization for employment in the U.S., as well as travel authorization that will allow them to travel to other countries and re-enter the United States. While TPS protections are temporary, and they do not grant any permanent immigration benefits, a person with this status may apply for a visa, adjustment of status, or any other immigration benefits that they are eligible to receive.

...
des aila aila
Back to Top