Law Offices Raul Ray

Practice Areas/Legal Services

• Deferred Inspection Interviews
• Deportation/Removal from the United States
• Immigration Relief from Deporation/Removal
• Bond Hearings
• Appeals and Petitions for Review
• Naturalization
• Family based immigrant visas (Green Cards)
• K3 visas for spouses abroad
• Fiancee Visas
• V visas
• VAWA (Domestic Violence)
• Work permits
• Waivers
• Travel documents

Deferred Inspection, Arrest and Detention

A non-citizen may be questioned regarding their immigration status by an immigration officer either at the border, airport or any place within the U.S. A person arriving at the airport or at a border crossing may be detained immediately or referred to deferred inspection if a computer check reveals a criminal conviction, pending criminal case or criminal warrant. Deferred inspection refers to an interview at the local Customs Border Patrol office (CBP) to discuss the immigration problem in more detail. The CBP is a division of the United States Homeland Security. A person with a criminal conviction will likely be asked to show up at the CBP with a copy of the criminal disposition record.

If you think your immigration status is questionable because of a criminal conviction or other problem, you should seek the advice of an immigration attorney on what to do if you are detained and interrogated by an immigration officer. After consulting with an attorney, make sure that you keep the attorney’s business card and contact information in your possession at all times. If you are detained or arrested, tell the immigration officer that you want to speak to your attorney right away before answering any questions.

If you think your immigration status is questionable because of criminal conviction or other problems, contact our law office at (408) 279-5793 before traveling outside the United States.

Deportation/Removal

When an alien is placed into removal proceedings the wheels of uncertainty begin to spin. Family members are often left in a state of panic, confusion, depression and financial despair and often don’t know who to turn to for help. Getting information or simply trying to locate an alien who has been taken into custody can become time consuming and frustrating.

We have successfully represented many clients placed in removal proceedings in California and Arizona. We take on cases that we believe have a chance of winning. Generally, our clients are informed at the initial consultation if we can help them with their removal case. Before we agree to represent a client in removal proceedings, we evaluate the client’s case to determine whether immigration relief is available to the client and the chances of getting that relief granted by the immigration judge. We also determine whether the client can be released on bond and whether the case, if located in another city or state can be moved to an immigration court closer to the client’s home.

The Department of Homeland Security often transfers aliens in removal proceedings out of State and houses them in detention centers such as the Eloy Detention Center located in Eloy, Arizona. A detention center will usually have onsite immigration judges who hear removal cases.

If necessary, we will order a client’s immigration file from the Department of Homeland Security and their criminal histories from the FBI and California Department of Justice to assist us in evaluating their removal case.

An alien may be placed into removal proceedings for many reasons. These reasons are referred to as grounds of inadmissibility and grounds of deportability. In many instances, aliens are placed in removal proceeding because of their criminal history and/or illegal status.

For aliens placed into removal proceedings because of a criminal conviction, our immigration attorneys are highly experienced in determining the effect that a conviction or convictions will have on an alien’s immigration status. In addition, our attorneys will explore with a qualified criminal attorney the possibility of vacating, expunging or reducing a criminal conviction when it is beneficial to the alien’s removal case to do so.

Immigration court proceedings generally consist of a bond hearing and removal hearings. At a Bond hearing, the immigration judge will decide whether the alien should be released on bond while removal proceedings are pending. At the Master Calendar hearing, an alien will admit or deny the allegations in the charging document called the Notice to Appear, concede or deny removability and inform the immigration judge of the immigration relief that the alien will be applying for to avoid being removed from the United States.

At the Merits hearing, (also referred to as the Final, Regular or Individual hearing), the immigration judge will make determine if the alien gets to stay in the United States or will have to leave after hearing all the hearing presented by the attorney for the alien and the U.S. government’s attorney. At the hearing, the alien’s attorney will present documents, take testimony on direct examination from the alien, the alien’s family members and any expert witnesses. The government attorney will also be given an opportunity to cross-exam any witnesses presented by the alien’s attorney.

We provide represent clients at all hearings, including the bond, master and merit’s hearings in California, Arizona and any other State. Aliens placed in removal proceedings or their family members can contact the Law Offices of Raul Ray at (408) 279-5793 at anytime during the week or on weekends or email us at raulray@deportationattorney.com.

Immigration Relief from Removal/Deportation

If you are challenging your removal from the United States and will be applying for immigration relief to avoid removal, it is very important to prepare your case well. The immigration judge will set a “Merits” hearing to determine whether you should be allowed to stay in the United States.

There are various forms of immigration relief that an alien can apply for in removal proceedings in order to preserve their legal status or to obtain their permanent resident status. We know what it takes to win in removal proceedings. We assess the best immigration relief available to our client, prepare that relief with help from the alien and their family members and aggressively represent the alien at the final hearing.

During removal proceedings, the immigration judge has the final say to grant or deny immigration relief. An alien may be eligible for immigration relief including but not limited to the following Cancellation of Removal, Adjustment of Status, 212 (c) waiver, 212(i) and 212(h) waivers, Asylum, Withholding of Removal and Convention against Torture.

1. Cancellation of Removal
This is an important legal remedy for both permanent and non-permanent residents who are in immigration court removal/deportation proceedings. This important form of relief is available for lawful permanent residents who have resided continuously in the U.S. for at least five (5) years as permanent residents and have resided continuously in the U.S. in any lawful status for at least seven (7) years. The alien must essentially demonstrate that there are more positive factors than negatives to justify being allowed to stay in the United States. In addition, a lawful permanent resident must not have been convicted of an aggravated felony.

In order for a nonresident to qualify for Cancellation of Removal for Non Permanent Residents, an alien must have resided in the U.S. continuously for ten (10) years after entering the United States without inspection, (illegally). The alien must establish good moral character during the 10 year period preceding the decision made , The alien must also demonstrate that his/her removal would result in exceptional and extremely unusual hardship to a qualifying relatives, a US citizen or lawful permanent resident parent, spouse or child residing in the U.S. The hardship requirement is a very difficult standard to meet and aliens are encourage to retain an experience attorney to help they in removal proceedings.

2. Adjustment of Status
If eligible to apply in the United States, certain aliens can also avoid being removed by applying for a green card through a family member.

3. 212(c ) waiver
A 212(c) waiver is available to eliminate certain criminal convictions including those considered to be aggravated felony convictions if the alien:

a. Plead, (as oppose to going to trial), to criminal charges before April 24, 1996;

b. Is a lawful permanent resident

c. had a green card for at least seven consecutive years prior to the date of final order of deportation.

d. Is not subject to deportation or removal on the grounds of terrorism or national security.

e. Is not unlawfully present in the United States after a previous immigration violation, or have been convicted of a firearms offense, or have been convicted of an aggravated felony offense (or offenses) for which he served at least five years in prison.

4. 212(i) and 212(h) waivers
An alien may also apply for a waiver under section 212(i) of the INA for fraud or misrepresentation and under section 212(h) of the INA for crimes of moral turpitude if the alien is placed in removal proceedings.

5. Asylum
Asylum may be granted to aliens who are already in the United States and are unable to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.

An alien must file an asylum application within one year of arrival in the United States. An asylum application may be filed later than a year, if conditions in the home country have changed or if the alien’s personal circumstances have changed within the past year prior to requesting for asylum and those change of circumstances affected the alien’s eligibility for asylum.

Furthermore, an alien may be excused from the one year filing deadline if extraordinary circumstances prevented the alien from filing within the one year period after arriving in the United States, so long as asylum application is submitted within a reasonable period of time in light of those circumstances.

An alien granted asylum will be able to apply for permanent resident status one year after being granted asylum status.

6. Withholding of Removal
Withholding of Removal is an alternative form of relief for an individual fearing persecution in her country of origin. To win “Withholding” an alien must demonstrate that he or she is “more likely than not” to face persecution if returned to his or her country. An individual is not eligible for withholding of removal if he is a persecutor or has been convicted of a particularly serious crime.

Aliens who win “withholding” have a final order of removal (deportation) against them. However, they can remain in the U.S. and work legally.

Unlike asylees, however, aliens granted “Withholding” do not have the right to apply for legal permanent residence.

7. Convention Against Torture
To obtain C.A.T. relief, an alien must demonstrate that it is more likely than not that you will be tortured, killed or sustain great bodily injury if you are returned to your home country;

An alien who has been granted CAT cannot be removed to the country in which he would face torture. However, a CAT grantee has no ability to obtain legal permanent residence, to travel abroad, or to sponsor family members. Furthermore, CAT grantees are not guaranteed the ability to obtain employment authorization or even the right to be released from detention.

8. Voluntary Departure
This form of relief, if granted by an immigration judge, will avoid a removal order and thereby allow you to return to the U.S. without a mandatory 5 or 10 year bar of reentry which would otherwise result from a removal or deportation order.

An Immigration Judge can grant up to 120 days of voluntary departure time if voluntary departure is requested at the Master Calendar hearing, (prehearing voluntary departure) or 60 days if requested at the Individual hearing.

A showing of good moral character is not required for prehearing voluntary departure. However, good moral character is required if voluntary departure is requested at the Individual hearing, along with a showing of being physically present in the USA at least 1 year prior to being served with the Notice to Appear.

A $500.00 bond will also be required by the Immigration judge if voluntary departure is requested at the Individual hearing. An alien convicted of an aggravated felony is ineligible for voluntary departure at either the Master Calendar or Individual hearing stage.

Bond for Aliens in Custody

A person can be placed into removal proceedings without being taken into custody. On the other hand, immigration customs and enforcement, (ICE), can take an alien into custody and set a bond amount if the alien is not subject to mandatory detention. If an alien is subject to mandatory detention, no bond will be permitted.

ICE will initially set bond at an amount that they believe will ensure the alien’s appearance at future immigration court hearings. If an alien establishes that they are not a flight risk and a danger to the community along with a showing that immigration relief is available to the alien, then there is a good chance that ICE will grant bond. The bond money will be returned to the person who paid it after removal proceedings are completed and bond conditions fulfilled.

If ICE grants high bonds or denies bond, the alien can request a bond re-determination before an immigration judge after he is placed into removal proceedings.

After bond has been granted by ICE, the amount of the bond can be challenged later at a hearing before an immigration judge, or even later before the Board of Immigration Appeals. The hearing to challenge the bond amount is referred to as a “bond redetermination hearing”, which means that the bond could be decreased, remain the same, or even be increased.

The minimum amount of an immigration bond is $1,500. A person can be placed into removal proceedings without being taken into custody.

ICE must take into custody without bond, all aliens who are inadmissible because of criminal convictions. Lawful permanent residents are also subject to mandatory detention without bond if they have been convicted of an aggravated felony, two or more crimes of moral turpitude or control substances and the completion of sentence occurred after October 18, 1998.

Our attorneys are ready to represent clients at bond hearings in Arizona, California or any other State. If you need help, contact the Law Office of Raul Ray at (408) 279-5793.

Appeals and Petitions for Review

When an alien loses their case before an immigration judge, the next step is to file an appeal with the Board of Immigration of Appeals, (BIA). We prepare and file appeals on behalf of our clients with the BIA. We also assist clients with filing Petitions for Review and Request for Stay of Removal with the 9th Circuit Court of Appeals.

If you need help with filing an appeal with the BIA or Petition for Review with the 9th Circuit Court of Appeals, please contact our office immediately at (408) 279-5793.

Naturalization

In order to apply for naturalization, an applicant must be at least eighteen years old and must produce proof of being a lawful permanent resident of the United States.

Applicants must have resided continuously in the U.S.A. as a lawful permanent resident for the last five years immediately prior to applying for naturalization. For applicants married to U.S. citizens, the continuous period is three years. In addition, applicants must have been physically present in the United States for at least thirty months out of the previous 60 months or 18 months out of the previous 36 months if the applicant is married to a U.S. citizen. Most applicants must live in the district or state in which they are applying for at least 3 months prior to applying.

An applicant must be a person of good moral character. The commission of certain crimes, lying to gain an immigration benefit or failing to pay court ordered child support or alimony are just some examples of the problems that could cause an applicant to be ineligible for naturalization. Certain male applicants need to register with the Selective Service before applying for naturalization. Failure to register could result in an applicant’s naturalization application being denied for lack of good moral character.

Applicants must also demonstrate an understanding of the English language, including the ability to read, write and speak simple English. They must also pass a test on United States History and Civics. Finally, applicants must prove that they are attached to principles of the United States and swear allegiance to the United States.

Finally, applicants must prove that they are attached to principles of the United States and swear allegiance to the United States. For more information about becoming a naturalized citizen, contact the Law Offices of Raul Ray.

Family Based Immigration

A person granted a green card has the right to live and work in the United States permanently. Through family-based immigration, a U.S. citizen or permanent resident can help certain family members immigrate to the United States. The process for applying for permanent residence in the United States is called adjustment of status. The process for applying for an immigrant visa at a consulate or embassy abroad is called consular processing.

An alien who is otherwise eligible to do so, can apply in the United States to adjust their status to permanent resident either as an immediate relative or under the family preference system. Immediate relatives are able to apply for a green card immediately, and there is no numerical cap on the number of immediate relatives admitted annually to the United States as immigrants.

Immediate relatives are spouses, children under 21 years of age, and parents of US citizen children 21 years and over.

Spouses of permanent residents, siblings and children 21years and over are not considered immediate relatives. They fall under the family preference system. If they desire to live and work permanently in the USA they will have to wait for a visa to be available before they can seek adjustment of status or by immigrating to the United States through consular processing. An alien seeking to adjust status in the United States must be eligible to do so. Not all aliens are eligible to apply for a green card in the United States even if they are applying as an immediate relative such as the spouse of US.

For more information about whether an alien is eligible to apply for a green card in the United States or whether it is advisable to pursue an immigrant visa at a U.S. Consulate, contact the Law Offices of Raul Ray at (408) 279-5793.

K-3 Spouse Visas

The K-3 visa was created to reduce the separation immediate family members may experience while waiting abroad for an immigrant visa. The K-3 visa benefits spouses and children under 21 of U.S. citizens, who are waiting abroad for an immigrant visa. This allows them to come to the U.S. as non-immigrants, re-unite with their family here, and then apply for permanent resident status while in the United States.

Pursuant to this nonimmigrant visa classification, spouses of U.S. citizens are granted “K-3” visa and the unmarried children (under age 21) are granted a “K-4” visa. In order to qualify for the “K-3” visa, the U.S. citizen spouse must first file a visa petition (Form I-130) for the alien spouse and then file a K-3 Petition, (Form 129F), after receiving the I-130 receipt notice from the U.S. Citizenship and Immigration Service, (USCIS). The USCIS must approve the K-3 Petition before the spouse and children become eligible to apply for a “K” visa from the Consulate abroad. To be eligible for a “K-4” visa, a child applicant does not need to have a separate Form I-130 or Form I-129F. “The K-4” applicant must be the unmarried child (under 21 years of age) of the “K-3” visa applicant.

If you have a spouse and children under 21 who you have filed a Form I-130 Petition and it is pending, we can help you apply for a K-3 visa for your spouse and K-4 visa for your children.

K-1 Fiancee Visas

The best visa for a U.S. Citizen considering marriage to a foreigner is the K-1 fiancee visa. The K-1 visa allows your fiancée to come to the USA for up to 90 days during which time he or she must get married or return to the home country.

A fiancee visa is a temporary visa that permits a fiancée to travel to the USA. After traveling to the USA and getting married, the fiancee can apply for her green card. If approved, the alien spouse will receive a conditional residency card good for two years. The alien spouse gets a two year “conditional” residency card, (instead of the 10 year permanent resident card), if the marriage occurred within two year of the green card interview date. Generally, when dealing with a fiancée visa cases, the marriage occurs within two years of the green card interview date.

If U.S. citizen and fiancee are still married two years post the green card interview date, the fiancée can can apply to remove the condition from her green card by filing the I-751 petition to remove the conditions. Both spouses need to sign the I-751 Petition in order for the alien spouse to obtain the 10 year green card. If only the alien spouse signs, and the not the US citizen spouse, a waiver will be needed in order for the alien spouse to obtain the 10 year green card.

For more information about fiancée visas, contact the Law Offices of Raul Ray.

“V” Visas

The “V” visa was created to allow spouses and unmarried children under the age of 21 of legal permanent residents to enter the U.S., or to stay in the country if they are already here. Further, with a “V” visa, they are allowed to work in the U.S. while waiting for the immigration process to be completed. To obtain a “V” visa, a Petition for Alien Relative (Form I-130) must have been filed on the alien relative’s behalf with the appropriate USCIS Service Center on or before December 21, 2000 and the petition must have been pending for at least 3 years from the time it was filed.

“V” visa applicants who reside abroad must apply for this visa at the U.S. consulate. After submitting the application for the “V” visa, the consulate will request documentation such as the medical examination, financial evidence, and other documents.

Relatives who are in the U.S. can apply for the “V” status in the U.S. Important: Aliens who have resided unlawfully in the United States since April 1, 1997, should seek legal assistance before planning to leave the country after receiving “V” status or otherwise face being barred from admission to the United States from 3 to 10 years. This is also why aliens who are already residing in the U.S. should not leave the country to apply for the “V” visa at the consulate abroad.

For more information about V visas, contact the Law Offices of Raul Ray.

VAWA Applications

If your United States citizen spouse or lawful resident spouse abused you physically or mentally, you can file a self-petition for special immigrant, form I-360.

In 1994, Congress passed the Violence Against Women Act (VAWA), permitting alien battered spouses and children of U.S. citizens and legal permanent residents to petition USCIS on their own behalf rather than relying upon the abusive spouse/parent. However, the provisions of IIRAIRA made self-petitioning difficult. The Battered Immigrant Women Protection Act of 2000 (VAWA 2000) was enacted to remove some of those obstacles and to strengthen the original VAWA legislation.

There are several requirements for the self- petitioner, among them that the marriage was entered into in good faith, that the petitioner has good moral character and is otherwise eligible for immediate relative status or preference status.

The Law Offices of Raul Ray will be happy to consult with you on whether to file a VAWA I-360 petition.

Work Permits

In general, it is unlawful for a person or a company to recruit or hire an alien who does not have permission to work in the United States. It is also unlawful for the alien to work in the United States without being authorized to work. In order to prove eligibility to work in the United States, certain categories of aliens have to obtain an “Employment Authorization Document” also known as Form I-765.

These categories include but are not limited to asylees and asylum seekers, refugees, students seeking particular types of employment, persons with green card applications pending, people applying for Temporary Protective Status. Aliens who are in deportation and have applications for immigration relief pending can also apply for a work permit. Legal Permanent Residents or conditional permanent residents do not require a work permit. If you have questions on whether you might be eligible to receive a work permit, please contact The Law Office of Raul Ray.

Waivers

The Illegal Immigration and Reform and Immigrant Responsibility Act (IIRIRA) enacted in September 1996 provides that an alien who resides unlawfully in the United States for 180 days or more but less than a year after April 1, 1997, is inadmissible for 3 years if he/she subsequently leaves the USA and reenter legally or attempts to reenter legally. If an alien who has resided unlawfully in the United States for one year or more after April 1, 1997, he is inadmissible for 10 years if he subsequently leaves the USA and reenters legally or attempts to reenter legally.

If an applicant is subject to the 3- or 10-year bar, an application for green card will not be approved unless the alien obtains a I-601 waiver. The 3/10 bar to admission does not apply unless the alien leaves the USA and renters or attempts to renter.

Even if an alien is able to renter the US in spite of the 3/10 bar, he/she will still need a waiver in order to obtain their green card. For example, if an alien is given permission by the Department of Homeland Security to leave the USA, (this permission is called advance parole), while the application for green card is pending, the alien upon reentering the USA will need to file an I-601 waiver and have it decided on by an immigration officer before a decision is made on their green card application.

If you have resided in the USA unlawfully since April 1, 1997 and you want to travel outside the United States while your green card application is pending, you should consult an immigration attorney to find out about the consequences of applying for advance parole which is also referred to as a travel document.

The Law Offices of Raul Ray will be happy to consult with you on whether it would be advisable for you to travel while your application for green card is pending.

Travel Document

Aliens with a pending adjustment application cannot leave the United States without permission from the Department of Homeland Security. This permission is called advance parole or travel document. Not all aliens are eligible to obtain advance parole, and in some cases departing and returning to the United States could expose an alien to being barred from admission to the United States for 3 or 10 years. An alien interested in traveling outside the United States should contact an experienced immigration attorney for assistance.

If you need help with obtaining a travel document or with determining whether you should be traveling outside the United States at all, contact our office at (408) 279-5793.