With the help of three lawyers, we clarify the most frequent false beliefs in immigration cases

The officer told them: “In three months I need you to come with your tickets in hand because you are going to Nicaragua,” Juan* recalls about the day he was told that he and his wife would be deported after almost 20 years in the United States.

"It's terrible, in those three months you don't sleep," he recalls.

They bought their tickets, fine-tuned the details of their departure and said goodbye to their children.

It was July 2018, but his ordeal began in 2006 when, after applying for a work permit, Juan received a deportation order. 

In 2003, he came with his family to the United States.

He did not apply for asylum or apply for any immigration benefits, but a couple of years later,

The first time they approved.

The second, no.

"We apply like this, just because," he acknowledges.

"It's the mistake that many people make, even the people who are entering today, pay a fortune and I don't know how they get a work permit for a while and then it's up in the air."

Juan, deported to Nicaragua

A paralegal, who is not licensed to practice law or give advice, filled out the form and failed to warn you that by submitting your information you were alerting authorities to your status.

“Migration realizes that you don't have a case, or something to protect you,” says Juan.

The work permit is a benefit that derives from a main process such as an asylum or an adjustment of status, for example.

.

He didn't know and they didn't explain it to him.

His is a common setback.

His case is repeated in calls and consultations, three immigration specialist lawyers told Noticias Telemundo, to whom we asked what are the doubts or frequent mistakes among their clients.

Migrants ask to be given a work permit while they wait for a resolution of their asylums in the US.

Sept.

7, 202201:49

Here are six other common questions clarified, according to experts:

1. Can I apply for asylum one year after I entered the United States?

No, but there are exceptions

The Citizenship and Immigration Services (USCIS) states that you can apply for asylum if you are physically in the United States, and if you submitted your application "within one year from the date of arrival" and he fears returning to his country when he is persecuted for his race, religion, nationality, membership in a particular social group, political opinion.

Although the rule is strict with the deadline, there are exceptions, said lawyer

Mario Lovo.

One of them is when a “change in circumstances that significantly affect their eligibility for asylum” can be demonstrated, that is, a situation that did not exist when the person arrived, even though the one-year term expired.

[Surprising Number of Americans Believe These False Claims About Migrants]

"It may be that the persecution against Jehovah's Witnesses was not so bad within a period of time and it turns out that to date it has become unsustainable," Lovo explained.

That change, duly supported with evidence and with the pertinent advice, could allow her to present his case.

In 2018, when Juan and his wife would be deported to Nicaragua, a sociopolitical crisis broke out in their country in which more than 300 people were killed by state repression, according to the Inter-American Commission on Human Rights (IACHR). 

How do I notify USCIS that I will stop my asylum and work authorization process?

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Since 2013, Juan had been hosting a Christian radio program that was broadcast in the United States and retransmitted on Nicaraguan stations. With the crisis, his space turned to denunciation.

In addition, he helped exiled journalists by lending them equipment and a physical space to continue reporting.

That was enough to receive death threats from supporters of the Sandinista regime who continue to besiege his relatives in their country. 

With the new evidence Juan, who remains in the United States under an Order of Supervision (OSUP), asked that his case be reconsidered and awaits a response.

“With this type of evidence, one can say: look, judge, look at the asylum officer, my circumstances have changed,” Lovo assured.

The ideal is to request it in a "reasonable time", which should be soon after the situation changed.

[My work permit is about to expire, is there an extension while the new one arrives?]

The other exception refers to events or factors directly related to not having complied with the deadline rule.

“The year can be excused if the circumstances were not intentionally created by the person

or if the person was the victim of a legal malpractice,” or if he suffers from a physical or mental disability that has prevented him from applying, he explained.

This is called "extraordinary circumstances." 

Regarding requesting asylum based solely on your nationality if you come from countries with authoritarian governments such as Venezuela, Nicaragua or Cuba, for example, the lawyer specified that you must have a credible and verifiable testimony of the persecution suffered and be sure that you belong to the groups listed by USCIS.

Asking for it is "an invitation to deportation," she says.

2. Is it true that a new law was approved that grants residency?

Nope

This is a question that attorneys Tahimí Rengifo and Eduardo Vega hear all the time.

In social networks, false promises to migrants to adjust their status multiply.

"I understand the mistake," acknowledges Vega.

His clients call him because of ads they saw on networks like TikTok and Instagram or posts on pages selling themselves as immigration specialists.

If information is interesting to you, first consult with a lawyer or on the USCIS website, he suggests.

Lawyers warn of scams circulating on social media promising migrants residency in the United States. Epoxydude / Getty Images/fStop

It also happens that people read or listen to the news "and believe that the fact that something is being discussed at the legislative level means that it is already law," explains Rengifo, but first it must overcome all political obstacles and be adopted by the relevant entities such as USCIS or the Executive Office for Immigration Review (EOIR).

People listen and believe they are eligible based on the most common part of what the law asks for, but they don't fully understand all the requirements."

Tahimí Rengifo Immigration Lawyer

According to the lawyer, confusion also occurs when

.

For example, with the Cancellation of Removal – popularly known as the 10-year Law – a decade of continuous physical residence in the United States “is only one of the requirements that this law requires to make you a resident.”

One of his clients, Rengifo says, was promised that he qualified for meeting that condition "but he lacked the most important thing, which is the

(extreme suffering) for a resident or citizen family member."

3. Can I apply for residency if I was a victim or witness of a violent crime?

Depends

The U nonimmigrant status (known as the U visa) is an option "for victims of certain crimes, who have suffered physical or mental abuse," according to USCIS.

It does not apply to all crimes.

“It is not being the victim of a minor robbery,” clarifies the lawyer Lovo, but “if your cell phone is stolen and you are badly beaten to death, then there are already several crimes.”

[What happens to derivatives of a U visa if the principal dies?]

The USCIS portal details the list of "eligible criminal activities", including extortion, kidnapping, assault with a weapon and forced labor. 

Are assaulted street vendors eligible for a U visa?

A lawyer explains

Sept.

1, 202202:26

“It is a very strong visa and it is an emotionally dangerous visa”

, warns Lovo.

People are in a vulnerable situation before lawyers who must "have the subtlety or sensitivity to be able to extract the information" necessary for the application without re-victimizing them.

One of the essential requirements of the U visa is the police report that narrates what happened and names you as a victim.

That document also contains the case number and the name of the officer who wrote the report. 

[Can I apply in my country for a U visa for domestic violence?]

“There is no need to be afraid,” says Lovo.

Immigration status or the absence of one should not prevent you from applying or reporting.

“Part of your responsibility as a crime victim is to participate in all the activities that lead to the conclusion or clarification.”

If you were not a direct victim of the crime but witnessed it, you can also be protected.

The lawyer cites as an example the cases of relatives of victims of school shootings such as those that occurred in Parkland, Florida, or in Uvalde, Texas.

My partner was the victim of attempted murder, can he apply for a U visa?

Sept.

15, 202201:19

"Many of them went to school and stayed in the police cordon, therefore they are witnesses and are within the orbit of the U visa," he explains. 

If someone meets the requirements but did not apply immediately, the lawyer suggests seeking advice to analyze whether the elapsed time is "reasonable" or if they can rely on an exception.

4. Can I pay to speed up my migration process?

only in certain cases

USCIS offers a Priority Processing Service, which

, which is one of the processes that most concerns migrants.

The confusion and desperation around this question allows many scams, says attorney Vega: "A man called us because he paid $2,000 to speed up the consular process, which is when you go to your country, and I told him no, that this cannot be done”.

None of these categories apply to family proceedings, which is if a spouse is asking you, a parent or a child.

Eduardo Vega immigration attorney

According to him, people are usually paying attorney fees and not USCIS fees as they are led to believe.

"Don't tell him it's for immigration because it's not true."

“

and even make frivolous applications, which have no basis”, warns lawyer Rengifo.

The available categories are listed on the USCIS official website and are mostly focused on employment or investment.

[What are the requirements to obtain a residence as an investor?]

There is also the Request for Expedited Processing of an Application, which during the COVID-19 emergency allowed health workers to expedite their pending work permits, but like the other option, you must first check if you qualify.

5. Can I follow up on my process?

If possible

There are tools that people can use to check the status of their case.

For example, if you are a beneficiary of a family petition or have a pending work permit and your receipt has already arrived,

All the required information appears at the top of the notification that the agency sends you.

You can also check, on average, how long the centers are taking to resolve the processes here.

Before applying for any immigration benefit, people must check if they meet all the requirements.

F.G.Trade/Getty Images

The Executive Office for Immigration Review, which handles cases before the Court, has a portal where you can find your hearings, due to the volume of cases and appointment cancellations, dates are constantly changing so you should check regularly.

To use it, you need your immigrant number, which is assigned to a person who is not a US citizen and appears on official documents as an

or

and consists of seven, eight or nine digits.

If you already have an appointment before a judge, seek the advice of an expert.

6. Can I move from one state to another with a pending process?

Depends

This is a recurring question according to lawyers, but its answer depends on the type of process, the category, the entity in which the case is found. 

"Unfortunately, immigration has too many ramifications and many things that affect a person's eligibility," says attorney Rengifo. 

Can we continue to travel by plane within the US without status?

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Any change of physical or mailing address must be notified to USCIS or the Immigration Court

to avoid losing important appointments or communications.

Changing your address with the United States Postal Service (USPS) will not make it with USCIS, the agency warns.

For some processes you can do it online.

Many migrants also ask if they can leave the United States.

Most want to travel to their country and this, in certain processes such as asylum, would irreversibly affect their case, which is why

[Border Agents Copy and Store Information from Cell Phones and Computers of Thousands of Travelers in a Database]

"The supervision of a lawyer in processes, especially as complicated as asylum, which has so many ramifications, cancellations and things like that, is always recommended," says Rengifo. 

Lawyers have to be a little more ethical when selecting cases”

Mario Lovo IMMIGRATION ATTORNEY

Experts warn that it is common for clients to pay paralegals to fill out their forms, as Juan did, but the processes get complicated when authorities require additional evidence or there are errors or discrepancies in the applications.  

Telling a person if they don't qualify for a process is also the right thing to do, Lovo says.

“It is a mistake to apply just to apply, the lawyers have to be a little more ethical when selecting the cases”.

*The identity and real name of Juan are not included in this article to protect his privacy.

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