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.