Other Immigration Options
Immigration Attorney in Charlotte
If you need to
appeal a decision made by an Immigration Judge in Immigration Court, it is in your best
interest to seek professional legal assistance from a qualified attorney.
If you reside in Charlotte, North Carolina, or in the surrounding areas,
it is highly recommended that you contact the
Charlotte immigration lawyer at Kelli Y. Allen Immigration Law as soon as possible for a legal consultation
about your case. Ms. Allen devotes her practice exclusively to immigration
cases and can provide knowledgeable and skilled legal assistance with
your appeal to the Board of Immigration Appeals or with any other immigration issue.
Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is the highest administrative agency
in regards to decisions made by Immigration Judges and other matters pertaining
to federal immigration law. The BIA hears appeals of decisions by both
Immigration Judges and certain Department of Homeland Security decisions.
When the BIA hears an appeal, it has the authority to dismiss or sustain
an appeal, send the case back to the Immigration Judge who made the original
decision, or refer the case to the Attorney General for a determination.
A filing deadline exists in making an appeal; the appeal must be received
within 30 days of the date that the Immigration Judge made his or her
decision. A decision by the BIA is the final administrative decision in
any case. After this decision, the case can only be further appealed in
the U. S. Court of Appeals. Most BIA appeals are decided solely based
upon the immigration court record and a written legal brief. This means
that usually, neither you nor your attorney will have the opportunity
to appear before the BIA to make an oral argument. Therefore, it is crucial
that your immigration attorney has the skills to make a persuasive written
argument. Ms. Allen possesses exceptional legal research and writing skills
and will work to ensure that all cognizable legal arguments are professionally
and effectively presented.
If the decision you received concerning asylum, deportation or removal,
or some other matter concerning immigration law is an adverse one which
you wish to appeal, the Charlotte immigration attorney at the firm can
advise you on all of the legal aspects of your case and on how to make
an effective appeal to the BIA. Not all cases have a cognizable legal
issue on which to base an appeal. Kelli Allen will thoroughly analyze
your case and offer you a realistic assessment of your chances for a successful appeal.
Contact the Charlotte Immigration Lawyer
at the firm today if you wish to appeal the decision of Immigration Court
regarding your case.
asylum are either affirmative or defensive. An affirmative application is filed
with USCIS before the alien is in removal proceedings. A defensive asylum
application is one which is filed with the immigration court during removal
proceedings. If you are granted asylum, other family members may be eligible
for asylum status as derivative beneficiaries, even if they did not experience
the persecution. After holding asylum status for one year, the alien is
eligible to apply for a green card.
To qualify for asylum, you must be able to prove that you suffered persecution
or have a fear of future persecution if you are returned to your country
of origin. Additionally, your country's government must have inflicted
the injury upon you, or alternatively, failed to prevent the persecution.
The reason for the persecution must be primarily because of your race,
religion, nationality, political opinion, or membership in a particular
social group. Except under rare circumstances, you must apply for asylum
within one year of arriving in the United States.
The case law for asylum, especially those based on membership in a particular
social group, is constantly evolving. A strong asylum application usually
requires documentation of your confinement or injuries, affidavits from
witnesses or others aware of your adverse treatment, medical documentation,
Human Rights Reports from your country, and a well-written legal brief
outlining the law as it applies to your case.
Contact the Charlotte Immigration Attorney at the firm today if you would like to discuss your eligibility for asylum
in the United States.
Deferred Action for Childhood Arrivals
DACA allows eligible individuals without lawful immigration status to apply
for authorization to live and work in the United States. If approved,
the individual receives an employment authorization card valid for two
years. So long as the program remains in existence, this authorization
is renewable every two years.
- Initial entry into the United States prior to obtaining the age of 16.
Departure from the United States and re-entry after the age of 15 does
not make you ineligible, so long as each of the other requirements is
met. HOWEVER, any departure from the U.S. after August 15, 2012 makes
an applicant ineligible.
- Continuous physical presence in the United States since June 15, 2007 (brief
absences prior to August 15, 2012 are allowed but are evaluated on a case-by-case basis)
- Physical presence in the United States on June 15, 2012
- Current enrollment in school, high school diploma, or GED – NOTE:
Current enrollment in a GED program fulfills the education requirement.
Upon application for renewal, applicant must show completion of program.
- Under the age of 31 on June 15, 2012 – Note: Initial applications
and renewals after the age of 31 are allowed, so long as the individual
was under 31 on June 15, 2012.
- Acceptable criminal record – NOTE: All felony and some misdemeanor
convictions (including DWI) render an applicant ineligible.
- Must be at least 15 years old – Exception: This requirement does
not apply to anyone in removal proceedings or who has a final order of removal
Important Information for Applicants
- This is not just a simple registration process.
- Extensive documentation of each eligibility requirement is required.
- Deferred Action is a discretionary decision. Therefore, even if all eligibility
requirements are met, the application can still be denied.
- Any negative factors (including working without authorization, traffic
violations, failure to pay taxes, use of false social security number)
should be offset with positive factors showing why the applicant deserves
a positive exercise of discretion.
- DENIALS CANNOT BE APPEALED, NOR CAN THE CASE BE REOPENED OR RECONSIDERED.
Reapplication is allowed.
Athlete and Entertainer Visas (O & P Visas)
O Visas - O visas are available to aliens with extraordinary ability in art, science,
business, athletics, or education who wish to enter the United States
to pursue the area of extraordinary ability. These visas are granted for
the period of time necessary to perform the work for which the alien was
admitted, up to a maximum of three years
/Immigration/Other-Applications-Options/O-P-Visas.aspxP Visas - P visas are available to aliens who seek to enter the United
States to participate as part of an athletic team or performance group,
or who are internationally recognized artists or entertainers.