July 26, 2022 – USCIS Continues with COVID Extensions to Respond – The United States Citizenship and Immigration Services (USCIS) is the main agency that issues immigration benefits in the United States.  In addition to possible denials, the agency issues many other notices such as Request for Evidence (RFE) and Notice with Intent to Deny (NOID). Due to the COVID pandemic, the agency has previously provided a 60-calendar day extension for the due date for many of its notices. The agency has recently announced that the extension will now continue for requests or notices issued between March 1, 2020, and October 23, 2022. USCIS Response to COVID-19 | USCIS

May 20, 2022 – Supreme Court Rules Against Reviews – Many immigration decisions involve discretion by the immigration judge or other official in granting a benefit. In an appeal that originated in the immigration court, the U.S. Supreme Court recently ruled that appeals to the federal courts of discretionary decisions are very limited.  In this split 5 to 4 ruling decision, the dissenting opinion stated: “Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual’s removal from this country, and nothing can be done about it.”

Please click the links below for additional immigration articles:

https://jjosephcohen.com/articles/facing-deportation-and-removal-as-a-veteran-in-san-antonio-texas/

https://jjosephcohen.com/articles/would-daca-immigrants-face-deportation-if-supreme-court-rules-to-end-the-program/

https://jjosephcohen.com/articles/what-to-do-if-your-employer-threatens-to-report-you-to-ice-in-san-antonio-texas/

https://jjosephcohen.com/articles/what-you-need-to-know-about-fast-track-deportation-in-san-antonio-texas/

https://jjosephcohen.com/articles/deportation-raids-reportedly-begin-this-week-what-you-need-to-know/

https://jjosephcohen.com/articles/deportation-and-removal-lawyer-in-san-antonio-texas-understanding-your-rights/

https://jjosephcohen.com/articles/immigration-lawyer-in-san-antonio-texas-why-you-might-be-considered-ineligible-for-a-visa/

According to ProPublica, as the coronavirus has ravaged parts of the country, resulting in lost jobs, deaths, and illness, the Trump administration has taken steps to rush the deportations of migrant children. In some cases, the only way that these deportations have been halted is through emergency federal appeals of the deportations. For children who have strong advocates in the U.S., this can potentially stop the deportation from taking place. But for children with no advocates or for those being shuttled through the foster system, deportation for these children can often mean being returned to a country where the children have no one to care for them, where their parents have been killed, and where the children themselves have in some cases been sexually assaulted, raped, or beaten.

The New York Times reports that, in the past, unaccompanied minors would be provided with shelter, education, medical care, and legal protections to either help the children win asylum, get placed with relatives in the U.S. or ensure that the children were returned to someone who would be able to care for them in their home country. However, in recent weeks, it appears that the Trump administration has been using the coronavirus emergency as a rationale for deporting unaccompanied minors at the border and for removing children from government shelters and deporting them to their home countries, often without the assurance that the children will have care in the countries to which they are being returned. A 1994 law allows border guards to refuse admission of immigrants if there is a fear of disease. This seems to be the law being used to return migrant children to their home countries. Unfortunately, it seems like ICE is taking things a step further, choosing to remove children who are already in the U.S.

ProPublica reports that veteran immigration attorneys have been shocked at the rates in which the U.S. government has moved to deport immigrant children, especially during a global pandemic that puts all of us at risk. In some cases, the deportations are in violation of federal law. Many of the children have credible reasons to be seeking asylum and should have the right to asylum protections.

In some cases, children have been returned to their former countries, despite attorneys appealing the case. In other instances, children have not been released to their families in the U.S., especially in cases where the children’s parents have died and their U.S. relatives are the only relatives these children have.

When it comes to cases like this, ProPublica notes that finding a lawyer can be “crucial in winning asylum.” For children who are returned to their countries where they don’t have caretakers, the children’s future is often uncertain. According to the New York Times, since the coronavirus pandemic began, 239 unaccompanied minors have been returned to Guatemala and 183 have been returned to Honduras.

If your relatives are facing the threat of being returned to their home country without due process, J. Joseph Cohen is a deportation lawyer in San Antonio, Texas that may be able to help you. Our attorney can help you appeal the decision which could potentially put a temporary halt to the deportation proceedings. If you have questions about your rights, reach out to J. Joseph Cohen or get connected with USAttorneys.com today.

If you or loved ones are facing deportation, the stress might be immense. Many individuals facing deportation have not been to their home countries for many years. Others face the prospect of returning to home countries where they could face prosecution, human rights violations, or even death. Yet, other individuals have the legal right to remain in the U.S., but may be facing deportation due to technicalities or because paperwork is incomplete or inaccurate. If you are worried about being deported or if you have been issued a Notice to Appear in court, you may want to contact Joseph Cohen, an immigration attorney in San Antonio, Texas today.

The best deportation defense is one that is built before you receive a Notice to Appear and before deportation proceedings begin. In some cases, you and your loved ones may have options to prevent deportation by either adjusting your status, applying for deferred action, or applying for Green Card status to prevent deportation in the first place. Or, you may qualify to apply for protections under asylum. For many of these categories, your chances of success are better if you seek these remedies before deportation begins. This is why it is important to be proactive and to take steps now if you are concerned that you might face deportation.

What are some possible deportation defenses you may be able to use if you are facing deportation in San Antonio? Every individual’s situation is unique. Here are some possible defenses you may have available:

• Adjustment of Status. If you qualify for a Green Card through family or because you have gotten married, you may be able to receive relief from deportation. If you get married to a U.S. Citizen after deportation proceedings have begun, you may need to prove to the court that you are in a bona fide marriage to the U.S. Citizen. If you plan to use adjustment of status to defend yourself against deportation, consider speaking to Joseph Cohen today. An immigration attorney can help you provide the proof and documentation that immigration officers will want to see when determining whether your marriage or adjustment of status claim is valid.
• Fix Errors and Omissions. Sometimes individuals who have every right to be permanent residents face deportation proceedings because they forgot to submit documentation or forgot to remove conditions from their Green Card. For example, under the family-based Green Card, the permanent resident status is conditional at first and individuals must file forms after a period of time has passed to remove conditions.
• If you will face persecution due to your race, religion, nationality, membership in a social group, or because of your political opinion when you are returned to your home country, you may be able to apply for asylum and therefore prevent your deportation. The best way to apply for asylum is through affirmative asylum, which is when a person seeks asylum within one year of entering the U.S. However, there are situations where individuals may qualify for exemptions. If a Notice to Appear has been issued, you may need to apply for the defensive asylum process, which can be different than the affirmative asylum process. Joseph Cohen is an immigration lawyer in San Antonio, Texas who can assist you if you fear prosecution in your home country should you be deported. If you believe you will be tortured should you return to your home country, you may be able to fight your deportation in court by asking for protection under the Convention Against Torture.
• U Visas and the Violence Against Women Act. If you have been a victim of a crime, like human trafficking, or employment violations, and if you are able to assist law enforcement with the prosecution of criminals, you may be entitled to receive a U Visa, and have deportation proceedings cancelled. If you have been a victim of domestic violence, you may also have the ability to apply for relief under the Violence Against Women Act.
• DACA status. If your application for DACA is pending approval, if you have applied for DACA, or if you currently hold DACA status, you may be able to defer action on your removal proceedings.
• Cancelation of Removal. If you have been living in the U.S. for many years and are now facing deportation, you may be able to apply for a cancelation of removal. If you can show that you have been living in the U.S. for ten years, show that you have not committed any crimes and that you have a good moral character, and also show that your removal would cause undue hardship on your U.S. citizen or lawful permanent resident family members, you may qualify for cancelation of removal. Imagine a person facing deportation proceedings who is a single mother who has U.S. citizen children, who has worked hard, paid her taxes, and who has otherwise contributed to U.S. society. In this case, this woman may have the ability to apply for a cancelation of removal because her removal would leave her children orphaned or without a caregiver.
• Voluntary Departure. At any time during your deportation, you can stop proceedings if you choose to leave the U.S. of your own free will. However, if you do this, you give up your rights to mount a deportation defense, and if you want to return to the U.S., you may need to find other means.

These are just some of the legal defenses you may have if you are facing deportation. Sometimes individuals face deportation because they have criminal records. But, if your attorney can get your criminal record expunged (if you qualify for an expungement) you may have the right to remain in the U.S. Joseph Cohen is an immigration lawyer in San Antonio, Texas who may be able to assist you if you are facing deportation. Getting a Notice to Appear or being detained by ICE can be an incredibly traumatic and difficult experience for individuals and families. Fortunately, you are not alone.