Immigration

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Immigration Practice Areas
Receiving immigration status is one of the most important goals of millions of immigrants in the country. Immigration status is a benefit and not a right. Cabanillas & Associates, PC. represents individuals and families undergoing the immigration process in the U.S. and we make sure that our clients have access to enjoy the benefits of being a legal part of this country.

We attend interviews and hearings for our client. We focus in U.S. immigration law and we offer the most appropriate strategy for your case. All of our Immigration staff speaks Spanish fluently which enables our clients to speak comfortably and extensively about their cases.

Deportation and Removal Defense and Immigration Appeal
Removal, formerly called deportation, is a legal proceeding through which immigration officials seek to remove a foreign national from the United States for violating an immigration law or other U.S. law. These proceedings generally take place in Immigration Court before an Immigration Judge. A non-citizen cannot be deported without a hearing, unless he has been convicted of certain crimes, and is not an LPR (Lawful Permanent Resident).
Criminal charges can create enormous complications for immigrants. Even lawful permanent residents may be subject to removal, arrested and detained or denied naturalization because of a criminal conviction and some criminal matters do not require conviction to trigger inadmissibility or deportability for an immigrant.
If you are in danger of being deported, it is important that you quickly consult an experienced immigration attorney.
We will help you with cases involving: Denial of Applications; Deportation or Removal Proceedings; Motions to Reconsider and Reopen; Criminal Convictions; 245(i); Hearings before the Immigration Judge; Stays of Deportation and Cancellation of Removal; Appeals of Decisions; Consequences of being out-of-status and voluntary departure.

Detention Cases
Detention is the process by which the U.S. government holds foreign nationals in Immigration facilities, prisons, or jails while their removal proceedings are pending. Asylum seekers who enter the U.S. without documentation may be detained at a DHS detention facility until they pass a credible fear interview or until the completion of their asylum hearing
Whether you are legal o illegal in the country, there are some circumstances that may lead to a detention and deportation based on a criminal charge. Most of the time detainees are taken to detention facilities out of the State and his/her loved ones are not informed of the location. Most of the time detained immigrants are entitled to a bond and they do not know it. If you, a family member or a friend is going through this painful experience we can help you. In Cabanillas & Associates we will professionally handle your detention and we will determine if you are eligible for a bond, conditional release and adjustment of status.

Permanent Residence
On an individual case basis, there are different avenues to access permanent residence in the U.S.

Family Sponsorship
Lawful permanent residency in the U.S. comes with a variety of rights and privileges including the right to permanently live and work in the U.S. If you want to immigrate to the U.S. through the family-based category, your relative who is either a U.S. Citizen or a Lawful Permanent Resident must sponsor you.
At Cabanillas & Associates we will handle your petition case in matters regarding; application for family members in and outside the U.S. Spouses; children of U.S. citizen or permanent residents; parents or siblings of U.S. citizens; fiancé petitions; applications for removal of conditions; consular processing; employment authorization; travel authorization.

Employment Based Petitions
One of the most widely-used methods to obtain permanent residency in U.S. is the Employment-Based immigration category. You are eligible to apply for permanent residency under this category if:
• You have an opportunity to work permanently in the U.S.
• You have an employer in the U.S. who wants to sponsor you for lawful permanent residency (LPR) in the U.S.

Labor Certification: The PERM labor certification process is the first step in the ultimate goal of permanent residence/"green card". The PERM procedures are complex, but essentially require a showing to the United States Department of Labor that you are offering a permanent job at prevailing wages; there is not a U.S. citizen workers qualified to meet the demand of your occupation.
Once this is certified by the Department of Labor, the employer must then petition the U.S. Citizenship and Immigration Service that they have a qualified worker. It must be demonstrated that the employer has the ability to pay and the employee is qualified for the position. You must still be eligible to adjust status in the United States or return home. We will assist you throughout the process so that you and your family can enjoy the benefits of being a permanent resident in the United States.

Asylum
Every year, thousands of people come to the U.S. in need of protection from persecution in their country on account of their race, religion, nationality, membership in a particular social group, or political opinion. Those found eligible for asylum are permitted to remain in the U.S. for as long as they "have a well-founded fear of persecution".
The Refugee Act of 1980, and subsequent modifications of it incorporated into the Immigration and Nationality Act, state that, "Any alien who is physically present in the United States or who arrives in the United States ... irrespective of such alien's status, may apply for asylum ..." (sec. 208 of the INA).
To apply for immigration through this category, you must first get a refugee/ asylum status in the United States.
You may apply for Permanent Resident status in the U.S. under this category one year after you get the status of a refugee or asylee. If you are a refugee, you are required by law to apply for Permanent Resident status. This condition is not applicable if you are an asylee; however, it may be in your best interest to do so.

Citizenship
In the U.S. citizenship can be obtained by birth or by naturalization. If you have been a permanent resident for 5 years you can apply for legal U.S. citizenship “naturalization”. If you are married to an American citizen then you can apply after 3 years. At Cabanillas & Associates, PC, we will advise you as to whether there are any issues in your case that need to be resolved in your favor to have access to the ultimate relief in immigration.

We handle all of our immigration cases with the utmost sensitivity and confidentiality. Get legal advice from an experienced attorney call 1-800-LA FIRMA / 523–4762.