Miami Immigration Lawyers Blog

Cancellation of removal for certain non-lawful permanent residents is an application which can bestow lawful permanent residency. This application is sometimes called colloquially as "la ley de los diez años" (the ten year law).

This application can only be made in removal proceedings. It is perhaps one of the most difficult applications to prove. In other words, it is difficult to convince an Immigration judge to grant this application.

Eligibility is generally not difficult to establish, however, establishing the burden of proof by clear and convincing evidence is another matter. To meet the burden of proof for this application, one must establish physical presence in the United States for at least 10 years. The applicant must also establish good moral character which means at a minimum no criminal convictions that cause inadmissibility or removability. The applicant must also demonstrate that his or her removal from the United States will result in exceptional and extremely unusual hardship to a spouse, parent, child under the age of 21 who is a lawful permanent resident or United States citizen.

Establishing this last requirement is particularly difficult. At first glance, it may appear that any qualifying family member will suffer exceptional and extremely unusual hardship just based based on the shear emotional trauma of being separated from a family member. Unfortunately, case law has held that this type of suffering is not enough to establish the "hardship" requirement of this application. The suffering has to be well beyond the normal consequences of being deported from the United States. As a result, cases where the qualifying relatives suffer from serious health issues are generally successful. The level of suffering should be carefully examined and reviewed.

Many people may be eligible for this application. However, not everyone will be able to meet the high hardship standard. Each case should be evaluated with an eye toward establishing the exceptional and extremely unusual hardship requirement. The question that should always be asked in a case like this is, "In what way will the qualifying relatives be affected if their loved one is deported."

Please contact Miami immigration lawyer Antonio Revilla at (305) 838-2323 if you would like more information on this important area of immigration law. Our Miami immigration lawyers are available 24/7 for all of your immigration needs.

Miami immigration lawyer, Antonio G. Revilla III, will be a presenter at a free Legal Clinic hosted by the non-profit organization, Lawyers To The Rescue, at Camillus House in downtown Miami on Saturday, September 25, 2010 from 11:30am to 2pm.

Mr. Revilla will be among the participating attorneys who will provide free consultation and answer questions related to their practice area. As a Miami immigration attorney, Mr. Revilla will discuss relevant immigration issues and field questions presented by attendees. "I believe it's important for organizations such as Lawyers To The Rescue to offer free legal clinics so those in need of legal guidance have the opportunity to receive information that will help them proceed with their particular issue," said Mr. Revilla.

The Lawyers To The Rescue Attorneys will not represent clients in court or take any case at this clinic, but simply offer complimentary legal advice to attendees. For more information about this event, please visit www.lawyerstotherescue.org.

As a passionate advocate for Immigration Reform, Miami Immigration Lawyer Antonio Revilla has made it his mission to educate the public about the DREAM Act and the benefits of comprehensive reform in our country. He appeared on Telemundo yesterday just before the DREAM Act amendment was blocked by Republicans.

Watch Antonio Revilla's appearance on Telemundo TV by clicking the below link.

WATCH VIDEO

Today the DREAM Act was blocked by Republicans on the Senate floor as Democrats failed to get the 60 votes required for passing the defense bill that included the DREAM Act as an amendment. This means that potentially up to two million young people are still at risk of being deported from the US even though, through no fault of their own, were brought into this country before the age of 16 by their parents and remained undocumented.

For most of the young people who would have qualified for the DREAM Act, life in this country is all they know, so the decision was understandably devastating for those who had a potential pathway to residency under the bill.

Although this outcome will delay the DREAM Act for now, the bill still has a chance to be revived at a later time. Until then, keep contacting your Senators and voicing your support for the DREAM Act.

Today the Defense Authorization Bill is going to the senate floor to vote on an amendment to this bill in the hope of passing the DREAM Act. If passed, the DREAM Act will help approximately two million people that, through no fault of their own, entered the United States before the age of 16 and remained in this country. The act would give students and military hopefuls who are in the country illegally a pathway to U.S. citizenship.

There seems to be a lot of senators who are in favor of the DREAM Act, yet the vote is going to be close. As a result, more people need to voice their support to their senators, encouraging them to vote for this amendment.

If you want to get involved and show your support for this amendment, please take a moment to contact Congress today by clicking the below link.

I support the DREAM

The passage of the DREAM Act will be an example of American values in action.
The DREAM Act is good for America. It will help the economy by increasing our global competiveness through the education of more of our youth, as applicants will be required to have completed at least two years of college education. It will increase the ranks of the military because one of the requirements is going to be that the applicant serve at least two years in the military.

Help us support the DREAM. Please pass this information on to anyone who believes in enriching the culture, economy and military of our country.

An American citizen was recently removed from the United States because of a lack of proficiency in English. Arizona law 1070 authorizes a local law enforcement to detain and question individuals that are suspected of being in the United States unlawfully.

The big question is how an officer determines who is here unlawfully. Will this be done through accents or the color of their skin?

An example of how the Arizona law opens law enforcement to racial profiling and discrimination happened in Texas to Luis Alberto Delgado, a U.S. Citizen born in Texas.

Due to his parents' divorce, he moved with his mother to Mexico, where he was raised before coming back to live in the U.S. As a result, he does not speak proficient English.

Upon a traffic stop for a seat belt violation, Luis and his brother were investigated by U.S. Border Patrol to determine their status. Luis was carrying his U.S. birth certificate, social security card, and a Texas ID. His brother had additional documentation which consisted of an application for a U.S. Passport and selective service registration. Luis's brother was released.

DEPORTATION ORDEAL
Luis, a Houston native, was questioned by U.S. Border patrol for eight hours. They did not believe that his U.S. Birth certificate was legitimate. Under intense interrogation and pressure, Luis felt pressured to leave the U.S. voluntarily under an order of voluntary departure. This did not allow Luis to freely leave the detention of U.S. Border Patrol.

He was taken to Matamoros, Mexico, where he spent three months before an immigration attorney that handled the case pro bono secured Luis' repatriation to the U.S.

Luis is an example of what will happen, among other things that will go tragically wrong with Arizona-type immigration measures which are the result of xenophobia, ignorance, and flat out racism. These measures open the flood gates to abuse and the infringement of Americans' right to privacy, especially those that fit the illegal immigrant profile.

Hopefully, this deplorable incident will give overly zealous, vote-hungry politicians pause before making anti-immigrant proposals part of their platforms.

As part of a defense policy bill, the Senate Majority Leader is proposing an amendment which would benefit millions of undocumented people that entered the U.S. before sixteen years of age. The amendment known as the DREAM Act would require, among other things, at least two years of military service or college education.

The DREAM Act will still require an applicant to demonstrate admissibility to the United States, such as good moral character.

This amendment is by no means amnesty. Those that are inadmissible due to criminal convictions, terrorism, persecution of others, public safety concerns, or fraud may still be subject to removal proceedings. The proceedings could result in the deportation for those that are found to be inadmissible.

The general basis for the DREAM Act is not to punish the youth that are undocumented through no fault of their own. The majority of these young people are completely assimilated into American society and culture. The amendment would, among other benefits to the U.S., fortify our military and advance the education of our populace which would contribute to U.S. competitiveness in the global market place. As a result, the U.S. Economy would improve.

U.S. Immigration and Customs Enforcement ("ICE") has taken the position, through it's Office of the Chief Counsel, to move to terminate or "dismiss" removal proceedings where there is an immediately available, pending petition or application. This will apply to those cases where there are no public safety, security, or fraud concerns. The ICE Memo formalizes a process that has already been in place.

The termination of proceedings does not mean that an individual is not subject to deportation or removal. If after termination an individual is denied residency then removal proceedings can be reinstated.

ICE's formal position is in no way amnesty. It is designed to ease the burden on the Executive Office for Immigration Review, or the Immigration Court, by terminating proceedings so that USCIS can adjudicate pending petitions or applications.