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New Immigration Laws and enforcement guidelines

Immigration and Customs Enforcement (ICE) is a U.S. government agency that enforces federal immigration laws including border control and immigration. ICE agents conduct work all around the United States, but especially in areas within 100 miles of an international border.

In the Miami-Dade area, ICE agents have stepped up their activities. Individuals approached by an ICE agent could be taken into custody and held indefinitely during immigration hearings.

During immigration court proceedings, you are not entitled to a lawyer. Immigrants facing these proceedings will usually only have legal representation if they can afford the costs on their own.

For this and other reasons, many people decide that the best thing to do is to carefully manage situations that might draw ICE attention.

It’s important to understand what your rights are in Miami-Dade if you are approached by ICE.

Luckily, you have legal rights in America even if your immigration status is unclear.

What to Do If Immigration Agents Come to Your Door in Miami-Dade

If officers come to your door, keep the door closed. Ask whether they are ICE agents and why they are there. Opening the door does not give agents permission to enter the building, but it is always safer to speak to agents through the door.

What to Do if Immigration Agents Want to Enter Your Home or Business

If agents request to enter, ask to see a warrant signed by a judge. The warrant can be slipped safely under the door. It does not need to be handed directly to you. If there is no warrant, you do not need to open the door or let agents inside. You also do not need to answer their questions.

What to Do if Immigration Agents Appear to Have a Warrant to Enter

ICE agents may mislead you or misstate what kind of document they have. If a warrant is real, a line at the top should clearly tell you what court it was issued by. A line at the bottom should have the signature of a judge.

Sometimes, agents may try to provide you with a document signed by an ICE or Department of Homeland Security employee. This is not a court order. You are not required to allow agents inside based on these documents.

An ICE “Administrative Warrant,” also known as Form 1-200 or Form 1-205, does not allow ICE agents to enter any premises.

What to Do if Immigration Agents Force Their Way In to a Home or Business

Do not attempt to resist ICE agents. You may be met with extreme force.

Do not answer any questions posed to you by ICE agents.

Remember these three safe phrases:

  • “I do not consent to your entry or search.”
  • “I am exercising the right to remain silent.”
  • “I want to talk to a lawyer as soon as possible.”

Also remember: Anyone else on the premises may also exercise their right to remain silent!

Finally, be cautious not to do any of the following:

  • Do not lie or provide false documents of any kind.
  • Do not sign any papers without a lawyer’s advice.

Get Immigration Law Help in Miami-Dade

Unannounced workplace “raids” and traffic checkpoints in the Miami-Dade region have led to uncertainty and heartache for thousands of people. The best way to defend yourself is to get the legal advice and representation you need.

To find out more, contact us today. We look forward to helping you.

Immigration Laws miami

FERRETJANS LAW, IMMIGRATION LAWYER IN MIAMI AND BROWARD
Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and [law firm] does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. Material presented on the FERRETJANS LAW website is intended for information purposes only. It is not intended as professional advice and should not be construed as such

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JEFF SESSION WANTS TO REOPEN AND RECALENDAR OVER 350,000 IMMIGRATION CASES

administrative closures

During decades, over 350,000 deportation cases with different Immigration courts around the United States were temporarily closed. These closures are called, Administrative closures.  

Administrative closure is not a form a relief from deportation and does not provide the immigrant in deportation proceedings with any legal status.  

The process is merely a procedure that TEMPORARILY removes a case from an immigration judge’s docket.  Most of the time is due to the possibility that the person in deportation proceedings has some relief from deportation outside the jurisdiction of the court and/or may not be resolved for a significant or undetermined period of time.  This procedure not only assisted thousands of immigrants to reasonably obtain the deportation relief and protection available to them, but also assisted Judges to move through cases more quickly.

However, last Thursday, May 17, 2018, Attorney General Jeff Sessions decided that the whole process of closing cases administratively is illegal. Immigration judges “do not have the general authority to suspend indefinitely immigration proceedings by administrative closure,” Sessions wrote in the decision, which was an effort to eliminate judges’ ability to close immigration cases.

At Ferretjans Law, our Immigration lawyers in Miami and Broward, strive to assist immigrants in deportation proceedings.   After this decision, a person whose immigration case was administratively closed is now likely to receive a notification from the court informing them that the case has been re-schedule and their appearance in front of the Immigration Judge is required.

It is imperative for those that receive those notifications or know that their cases were under administrative closures to contact a knowledgeable Deportation / Immigration lawyer in Miami or Broward to fully assess any and all relief from deportation, including but not limited to:

  • Re-assessment of Country conditions
  • Change in circumstances – fear or threat to be persecuted or tortured in their country of origin.
  • Family petitions  ( family petition, cuban adjustment act, marriage to a United Citizen, child born in the US is now  21 yrs old or more, pending family petition is now up to date for filing, etc.)
  • Change in criminal convictions ( pleas vacated)
  • Victims of domestic violence (self-petition)
  • Victims of Serious crimes
  • Waiver and hardship is now available.

Please, it is very important to know that the fact that before there were no relief from deportation available does not stop a person placed back in Immigration court to meeting with a knowledgrable Immigration / deportation defense attorney to assess their current situation.

 

Many times at Ferretjans Law Office, we meet clients that have been undocumented for years not knowing that they were eligible to become legal under the protection of the immigration laws.

 

No matter the circumstances, it is important to act quickly, especially if the person has an outstanding order of deportation or was convicted of serious crimes.  Know all your options and rights before accepting a Deportation order.

 

Ferretjans Law Office, Immigration lawyers, provides case-by-case evaluations at the detention centers in Krome, Glades, Broward transitional center (BTC),  or Orlando Detention Centers.

Call us to schedule a Free of Charge Deportation Defense or Immigration Bond evaluation at 305-925-0811.

 

FERRETJANS LAW, IMMIGRATION LAWYER IN MIAMI AND BROWARD

Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and [law firm] does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. Material presented on the FERRETJANS LAW website is intended for information purposes only. It is not intended as professional advice and should not be construed as such

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USCIS IMPLEMENTS NEW PROCEDURES TO SCHEDULE INTERVIEWS FOR ASYLUM APPLICANTS AT THE ASYLUM UNIT

asylum miami

As of January 29, 2018, U.S. Citizenship and Immigration Services (USCIS) implemented a new system for scheduling interviews for asylum applications at the USCIS Asylum Unit.

This new scheduling system affects all past, current and future affirmative applications seeking asylum relief. This system is based on last in, first application out. Hence, the interviews will be scheduled in a specific order, based on three priorities.

How will the new applications be scheduled under the new scheduling system?

 Until further notice, interviews will be scheduled in the following order:

  • First priority: Applications that were rescheduled by applicant’s or USCIS request
  • Second priority: Applications that have been filed 21 days or less
  • Third priority: Most recently filed applications will be scheduled first, then working back to older filings

 How does this change affect asylum applicants?

USCIS now prioritizes the order of interviews with new filings ahead of all other files that have been waiting for years. For example, if an applicant submits its asylum application this week, USCIS will schedule an interview in Miami or Broward within the next 21 days.

Asylum miami applicants that filed before January 29, 2018, should expect an interview after the applications filed after January 28, 2018 are interviewed, as well as the applications that were rescheduled under the First Priority.

The consequences for applicants with applications filed after January 29, 2018 are critical and time sensitive. They need to have their evidence ready, an interpreter available (if needed), and prepare their testimony for the interview.

These applicants will more likely than not be able to benefit from a work permit because not enough time has passed to be able to request such benefit.

However, if these applicants have a spouse and/or children outside of the United States, who may be in danger due to the conditions in their countries, they may be reunited sooner if the asylum applicant is interviewed as early as possible and asylum is granted.

If the applicant does not have a well prepared application, it may be wise to wait to file. This wait time will be for the applicant to collect evidence, prepare a thorough statement, translate foreign documents, and make sure the information on the asylum form is true and correct, and get advice from an immigration attorney as to filing deadlines and preserving legal status.

Is it possible to reschedule the asylum interview?

Yes. It is possible to reschedule the interview one time without requiring an explanation.

How does the new system affect applicants that have been waiting for months or years for an interview?

The applicants that have been waiting for a long time for an interview are now placed behind the applications filed after January 29, 2018. In most cases, this means that the applicants will continue to wait. These applicants will probably will be able to request a work permit.

If they have trouble receiving this benefit, they should seek legal advice immediately. If the country conditions of the applicant’s country of origin change, diminishing or elevating the applicant’s eligibility for asylum in miami or broward, these applicants should seek legal advice immediately.

What if an Applicant with a pending application has serious reasons to be interviewed as soon as possible?

 There are many situations where an applicant needs to be interviewed as soon as possible so the application can be adjudicated.

For example, the country conditions of their country of origin have gotten worse and their immediate family is in grave danger; or the country conditions are soon to change and the applicant will lose a chance to be granted asylum miami.

It is possible that an applicant is not in good health and can no longer wait years for an interview. These situations may merit an expedited request for an interview, but they are granted on a case by case basis, and possibly put on a short list.

What to do?

An applicant for asylum miami should seek legal advice before filing an asylum application. There are many who chose not to do so, only to find after the interview that the application was not complete, missing evidence, incorrect translations, etc.

The applicant probably had misguided knowledge of the interview process or did not know of other eligibility requirements, such as of good moral character.

The asylum applicant is seeking to stay in the United States because a fear of persecution in his/her country of origin, and as such, Ferretjans Law strongly encourages applicants to approach this process with the best representation possible.

Ferretjans Law, provides case-by-case evaluations at the detention centers in Krome, or Glades or Broward Transitional Center (BTC,) or Orlando Detention Centers. Call us to schedule a Evaluation  for any Deportation Defense and/or Immigration Bond evaluation at 305-925-0811.

FERRETJANS LAW, IMMIGRATION LAWYER IN MIAMI AND BROWARD

Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and FERRETJANS LAW does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. Material presented on the FERRETJANS LAW website is intended for information purposes only.  It is not intended as professional advice and should not be construed as such.