En este episodio, la abogada Barbara Vazquez del bufete de abogados de inmigración, Vazquez & Servi, P.C., contesta preguntas de los oyentes de PA'LANTE MI GENTE!

Algunas preguntas contestadas entre otras:

PREGUNTA:

¿Hay algún trámite de emergencia para reemplazo de tarjeta de residencia? Se me extravió mi tarjeta y necesito viajar en diciembre a México.

PREGUNTA:

¿Una persona con DACA casado con un residente permanente, tiene que salir del país para arreglar? La persona nunca hizo el advance parole.

PREGUNTA:

Me llego el permiso de trabajo hace 4 meses bajo el estatus U. Hace 3 semanas me dieron un DUI. ¿Esto me va a hacer perder la visa U?

PREGUNTA:

Llevo 3 años con permiso de trabajo bajo el Estatus U. Hace dos meses USCIS me ha pedido más información/evidencias. ¿Cuánto tiempo más durara en llegar la residencia? O mas bien, cuanto tiempo tardara en responder después de enviar las evidencias que USCIS pidió?

PREGUNTA:

Mi hijo ciudadano fue víctima de un asalto a mano armada (pistola). Mi esposo y yo estamos en el proceso del estatus U por ese caso, pero mi hijo sufre de problemas emocionales y los otros días me agredió. Yo me defendí y mi hijo me hecho la policía y me pusieron cargos de violencia doméstica. ¿Esto podría afectar mi tramite de estatus U si él fue la victima de otra persona? ¿O yo puedo meter el VAWA porque me golpeo también a mí?

Aviso Importante: La información que reciben por este medio es de carácter general y no substituye una consulta formal con un abogado que se especialice en la materia de inmigración.

¡Escuchen este episodio para conocer las respuestas a las preguntas variadas de nuestro radio escuchas. Escuche e informarse. Los invitamos a que se suscriban a nuestro podcast PA'LANTE MI GENTE!

ENGLISH VERSION OF BLOG 

In this episode, Attorney Barbara Vazquez with the law firm Vazquez & Servi, P.C. answers questions for listeners to  PA'LANTE MI GENTE!

 I am going to start with an update on the Keeping Families Together Parole in Place program. A Federal Judge has ordered USCIS not to make a decision on applications but has allowed USCIS to continue accepting the applications.  There are people that have decided to apply for the benefit and see what happens in court, and others that have decided to wait and see what happens with the litigation before submitting an application. It is a personal decision that a person needs to make after gaining information and discussing it with their family.

On September 11, 2024, Federal District Court Judge for the East District of Texas named J. Campbell Barker denied a motion to intervene by 11 people and various parties representing applicants for this benefit to provide information regarding people who can benefit from this application. The intervenors wanted to provide information about the individuals that will benefit from these applications. Judge Campbell Barker denied the Motion to interview. The intervenors then appealed the denial of their motion to the 5^th Circuit Court of Appeals. The 5^th Circuit Court of Appeals decided to hear the appeal on October 10, 2024.  

QUESTION: How much does the U.S. constitution affect or influence immigration cases?

ANSWER: Yes. The U.S. constitution guarantees certain rights, and the Executive branch is required to respect those rights as they enforce U.S. law. However, in any court case, it depends on the arguments used by the parties to determine if the U.S. constitution is important to the case. If the argument is that there is a violation of personal rights, the constitution can help protect those rights. Now also, the U.S. Constitution separates power between the different branches of government. For instance, Congress has the right to pass laws, and the Executive branch must enforce those laws. The Executive Branch is not armed through the U.S. constitution with the right to create laws.  This is part of the issue with immigration. Congress has failed to address the many failures that exist with our current immigration processes. There are thousands of people in the United States that lack legal status and have no way to gain status because the system is broken.

 Some questions answered among others:

QUESTION: Is there an emergency procedure for a replacement green card? I lost my card, and I need to travel to Mexico in December.

ANSWER:  The recommendation is to file the I-90 application to replace the green card. My advice is to file that immediately. USCIS will then send a receipt notice to show that the application is pending. After that has been done, the person can call USCIS and try to get temporary proof of their legal status. USCIS can either send that temporary proof through the mail or USCIS can allow the individual to make an appointment where they will have to attend an appointment for that temporary proof of residency status. USCIS' contact number is: 1-800-375-5283 to get temporary proof of residency status.

QUESTION: Is it taking a long time to renew or replace a person's green card?

ANSWER: It is taking the same long period of time to renew or replace a green card because it is in the same form. It can take 1-2 years or more at this time.

 QUESTION: Does a person with DACA married to a permanent resident have to leave the country to arrange? The person never did the advance parole.

 ANSWER: In general, DACA is not considered legal immigration status. An individual with DACA is in an authorized stay in this country. This is very different from someone that has immigration status in this country. So, a person with DACA is not considered admitted into the United States and eligible to adjust their status to that of a lawful permanent resident. In most of these cases, we suggest that the spouse of the DACA recipient consider applying for naturalization and the individual with DACA consider filing advance parole. Once the person with DACA has an authorized entry into the U.S., they may be eligible to gain residency status if they are married to a U.S. citizen.

 QUESTION:  I got my work permit 4 months ago under U status. 3 weeks ago, I got a DUI. Is this going to make me lose my U visa?

ANSWER: An arrest of this nature can affect a person's U status and can be a significant issue when the individual applies for residency status which is something a person with U status is eligible to file after being present in the U.S. for three years. When a person applies for residency status, fingerprints will be scanned to help USCIS decide whether an individual merits this benefit. When USCIS sees the charges, they will request information to show that the individual is not a risk to the security of the public in the United States. To help make this determination, USCIS will request evidence such as a certified court disposition, proof that the sentence has been completed including probation. It is important not to hide this information from USCIS and speak with both a good criminal attorney and immigration attorney to help them through this unfortunate situation.

 QUESTION: I have had a work permit for 3 years under U Status. Two months ago, USCIS asked me for more information/evidence. How much longer will it take to get the residency? Or rather, how long will it take to respond after sending the evidence USCIS requested?

ANSWER:  This person does not indicate what step they are in with respect to their U status. I am going to assume that the person who has asked this question has filed an application for residency. When USCIS sends a Request for Evidence, it is hard to know how long it will take USCIS to respond because it will depend on the evidence they have requested. That being said, we have typically seen a response from USCIS within 6-8 months; sometimes less.  USCIS has the right to request more evidence. Especially if circumstances change with respect to your criminal record. An applicant must be ready for USCIS to ask for more information regarding those changes. It is good in those cases to have positive evidence to show immigration that you have good character that makes USCIS believe you will be a good addition to this country. These requests often occur in U visa cases which can take many years.

 QUESTION: My citizen son was the victim of an armed robbery (gun). My husband and I are in the U status process for that case, but my son suffers from emotional problems and the other days he assaulted me. I defended myself and my son called the police and was charged with domestic violence. Could this affect my U status processing if he was the victim of someone else? Or can I file VAWA because he hit me too?

ANSWER: First thing, the person who has asked this question needs to look for a criminal attorney because a domestic violence charge is serious. Especially if violence is directed toward an individual the government may believe to need a higher level of protection such as a family member, or, in this case, a child. USCIS could decide that the applicant does not merit discretion because they are a risk to the public. This person should also see an immigration attorney to help guide them as to whether a U visa or VAWA is recommended. The age of the child is important to know which immigration benefit would be best for which to apply. This person should focus on the advice of a good criminal attorney like Attorney Jean Sperling. Also, the person should discuss the case with their immigration attorney. It would be best if the domestic violence case against the person with this question be dismissed, but Attorney Sperling is the best able to help determine if that is possible.

QUESTION: My brother petitioned for me in April of 2001. He got a letter stating that I can schedule my appointment online in the U.S. embassy, but I talked to an attorney that told me that I may not be allowed to return to the U.S. after I attend that appointment. What should I do?

ANSWER: We are talking about a complicated case. There is mention of Immigration and Nationality Act § 245(i) because the date her brother filed the petition for her was in April of 2001. This is an old statute that may affect her eligibility for residency without having to leave the United States. She should not leave the United States until she has had a consultation to determine if she can adjust her status to that of resident and remain in the United States. There are multiple requirements that a person must meet to qualify for adjustment, and she should have a consultation to see if she meets them. If she is eligible for this benefit, she may need to pay a $1000 penalty. However, if she leaves the United States, she may not be able to gain legal status without  having to remain outside of the United States for a long period of time.  

Important Notice: The information you receive here is general in nature and is not a substitute for a formal consultation with an attorney who specializes in immigration matters. Listen to this episode for answers to a variety of questions from our listeners. Listen and get informed. We invite you to subscribe to our podcast PA'LANTE MI GENTE!