A Journey through Immigration Court

I often help my clients in submitting applications for cancellation of removal, asylum, or adjustment of status by means of a family petition or employment petition. When necessary, I try to help legal residents in submitting their request for a waiver and demonstrate their most genuine remorse for past mistakes. I also represent victims of violence in their applications for a U Visa or through VAWA protections. Some Central Americans have the option of applying for permanent residence through NACARA. Finally, TPS exists for persons coming from troubled countries such as El Salvador, Honduras, and Haiti.

I work with a desire to help, not only the person in immigration proceedings, but also their family. This process not only affects the immigrant who is struggling to remain in the United States, but also the lives of their children, parents or spouses, which in many instances are American citizens.

Witnessing the moment at which a person gets his residence, especially in an immigration court, is a very moving experience. When you hear a Judge say that an application is "approved" I feel inspired with peace and optimism. My clients’ smiles appear to emerge from the depths of their soul. Our desire to embrace in solidarity is uncontrollable. The achievement is intoxicating and the temptation to share the news of this success is irresistible. An immigrant’s life is completely changed.  All this motivates a lawyer to go on. After years of following up, in a system with so many obstacles, the satisfaction that I feel makes it all worth the effort.

For example, Mr. Armenta, one of my clients, obtained his permanent residence through the efforts of his daughter. Angelica, at 17 years old, was an exemplary student and managed to maintain her parents and five siblings united.

The United States Department of Homeland Security, responsible for initiating deportation proceedings, is represented by lawyers that sit on the opposite side of the immigrant’s table. There are many factors that change the strategy of each process. And only an attorney with experience in the area of immigration law has the ability to identify the options for each person.

Not all stories have a happy ending. Thousands of cases conclude with a deportation order.  There are certain problems that even the best of lawyers could not resolve.  However, regardless of the path chosen, if the intention is to get the best possible outcome, immigrants must give priority to their process; they should stay informed and maintain a close relationship with their attorney.

Author: Immigration Attorney Marta Victoria Canossa.  Attorney Marta Victoria Canossa has handled hundreds of cases before the United States Immigration Service and Immigration Court.  She is a member of Ortega, Canossa and Associates, PLC, a firm that offers immigration legal counsel all over the country.  For more information please visit www.ocalegal.com, Facebook, LinkedIn or Twitter or send a message at canossa@ocalegal.com.

Navigating the Immigration System

Many of my cases are currently before an immigration court. These procedures are very sensitive. While some people are able to obtain their residence, others receive an order of deportation.

For example, Mrs. Santoyo and Mr. Santellano fought for 10 years to achieve their goal of becoming legal permanent residents.  On the day of our last hearing, the Prosecutor offered to administratively close the case. In other words, if we had taken the offer, the couple would have not gotten their residence, but at the same time, they would have not have risked losing their case and end up with a deportation order. This is an option that a few months ago we did not have, and in certain cases is recommended.

However, the mother of Mrs. Santoyo was very sick and my client needed a definitive answer. Finally, we decided to go forward with the application. The prosecution acknowledged the serious aspects of the case and did not submit an appeal against the court’s approval.

In many cases immigrants find themselves in a dying legal battle.  They suffer from an economic and emotional wear very difficult to tolerate; only people with great strength can exceed.

Figuratively speaking, each immigration application has the ability to escalate a legal structure similar to the one of a pyramid. As an immigration lawyer I often explain the importance of resolving cases before the need for an appeal.

First we find the United States Department of Homeland Security (“DHS”). DHS is composed by entities such as the Immigration and Customs Enforcement (“ICE”) and the Citizenship and the Citizenship ad Immigration Service (“USCIS”).  Within USCIS is the Office of Administrative Appeals, also known as the AAO. Usually, after DHS or its internal entities deny an immigration petition, it refers the case to the Immigration Court.

For example, in most cases, when an application for residence is denied by the USCIS, the case is referred to the Immigration Court. Also, a person who is arrested by ICE officers may request that their case be adjudicated by an Immigration Judge. The agents involved would be obliged to observe the immigrants’ requests and facilitate the presentation of an application, or a request for bail, before the Immigration Court.

Although we stand in very difficult times, we live in a country of laws. But it is essential to understand our rights so that we can claim them in our favor.

Author: Immigration Attorney Marta Victoria Canossa.  Attorney Marta Victoria Canossa has handled hundreds of cases before the United States Immigration Service and Immigration Court.  She is a member of Ortega, Canossa and Associates, PLC, a firm that offers immigration legal counsel all over the country.  For more information please visit www.ocalegal.com, Facebook, LinkedIn or Twitter or send a message at canossa@ocalegal.com.