10 Jul Your young adult children may be qualified for deferred action if you are in removal proceedings
The Obama Administration policy on prosecutorial discretion may qualify your dependents for deferred action. It is to your lifetime advantage if you go to Immigration Court if you received a Notice to Appear. Some aliens with no immediate immigration relief disregarded the Notice to Appear they received in the hope that they can get away from it. The truth is that it is better to go to the immigration hearing because there are many benefits available if they are represented in court by an immigration attorney. Aside from immigration relief available unknown to the alien, the new policy of the Immigration and Customs Enforcement (ICE) may allow the alien to stop the proceedings under the ICE power of “prosecutorial discretion”
Question: What is a Notice to Appear (NTA)?
Answer: An NTA is a charging document stating that the alien must appear before Immigration Court to answer allegations of removability or deportability. It has the same effect of a warrant of arrest wherein the alien is required to appear in court. If the alien failed to appear in court, he will be deported in his absence. Once deported in absentia, he or she could not immigrate or adjust status unless his or her case is reopened on appeal.
Question: What is the ICE power to stop the removal proceedings?
Answer: The new memo of ICE Director on June 17, 2011 authorized ICE officers to stop the removal proceedings of an alien, or grant a continuance until the alien become eligible for relief at a later date or grant a deferred action wherein an alien can get a work authorization.
Question: What should I do if I received an NTA?
Answer: The first thing to do is to consult with an experienced immigration attorney who will discuss with you the options and the whole strategy from the beginning to the end of the removal proceedings. You may qualify for any of the following options: (1) filing for asylum, (2) cancellation of removal, (3) waiver of inadmissibility or (4) adjustment of status (5) seek a prosecutorial discretion from ICE for a deferred action or parole-in-place. If these options are not available, they may be available at a future date.
Note: This is not a legal advice. The Law Office of Crispin C. Lozano successfully helped clients in their removal proceedings.