Immigration

In order to initiate the immigration process we start by determining our client’s
immigration status and what their ultimate goal is be it becoming a US Citizen or
obtaining a green card.

An immigrant can enter the United States in one of three ways. The first way an
immigrant can enter the US is as a permanent resident or green card holder. The second
way an immigrant enters the US is a temporary visa holder, examples of these visas are
tourist, student or seasonal work visa. The third way that an immigrant enters the US is
without any documentation.

It is important to determine an immigrant’s status, as it will affect what paperwork is filed
and the immigrant’s overall case. The attorneys at Deering & Valle are here to help you through the maze that our Country calls its immigration policy.

An immigrant will need to file for Naturalization/Adjustment of Status with the U.S.
Immigration and Custom Services. In most cases after obtaining their permanent
residency an immigrant must wait Five years before applying to become a US Citizen.
The cost for the application varies depending on your age and whether or not you are
required to undergo the biometric process. A full listing of the Fees for 2011 can be
found at the USCIS website; http://www.uscis.gov/files/form/g-1055.pdf. As always the
attorneys at Deering & Valle can help you determine what paperwork needs to be filed and what it will cost.

In order to adjust one’s status, an immigrant must also have a basic knowledge of the
English language, US history and the US government. The immigrant will need to pass
an exam, which is administered in the English Language as well as show that they have
good moral turpitude.

It is important to note that the Immigration process is a type of administrative law and
not criminal law. The deportation process, including hearings, is handled by the US
Department of Justice. Deportation hearings are not heard in judicial courts, but instead
heard by administrative law judges. Because deportation is considered an administrative
action and not punishment, immigrants do not have the right to counsel provided by the
government. However, immigrants are entitled to have an attorney represent them during
the deportation process and the attorneys at Deering & Valle are here to fight for your right to stay in the United States.

The USCIS can commence the deportation or “removal” process for a number of reasons.
The most common reasons for deportation are the violation of the US Immigration &
Nationality Laws and for violations of the Federal, State, or Local criminal laws.

ICE will serve a Notice to Appear (NTA) on the immigrant, as well as file it with the
immigration court. The Notice to Appear will state the reasons for the deportation or
removal. The NTA causes a hearing to be set at which time the immigrant may proceed
on her own or ask for a continuance in order to obtain an attorney.

If the judge determines that the information in the NTA is correct and that the immigrant
can be deported, the immigrant is given the opportunity to apply for any form of relief
from deportation. If the immigrant is not eligible, deportation will be ordered.

If the immigrant has been ordered deported, he/she has 30 days from the date of the
decision to appeal the decision to the Board of Immigration Appeals (BIA). If the
BIA decides against the immigrant, the immigrant has the option of appealing to the
appropriate U.S. Court of Appeals.

There are a number of forms of relief that an immigrant can apply for after an order of
removal has been issued. These include, but are not limited to the following:

• Voluntary Departure
• Cancellation of Removal
• Asylum
• Adjustment of Status
• Motions to Re-open or Re-consider
• Stay of Removal
• Administrative Appeal
• Judicial review

The attorneys at Deering & Valle will assists you or your loved one in determining
what if any form of relief is available after an order of removal has been issued by an
Immigration Judge.

U.S. Immigration and Customs Enforcement Services offer a number of temporary visas.
These include, but are not limited to:

• Academic Student
• Travel
• Temporary Work
• Fiancé of U.S. Citizen
• Athletes & Entertainers
• Worker’s with Extraordinary Abilities
• Victims of Crimes

Each type of Visa carries with it its own criteria that an immigrant must meet. As
Immigration attorneys in California the Attorneys of Deering & Valle have the ability to assist you in filing for any of the number of Visas available to immigrants.