Asylum, Immigration Bonds, and Appeals
Semita Legalis offers professional, goal-focused representation to immigrants in need of humanitarian relief, at bond hearings and appeals, and to people who have been detained by Immigration and Customs Enforcement (ICE) agents and are facing deportation.
In all immigration matters, we look at our relationship with our clients as a collaborative effort. We work hard to help our clients reach their goals, and offer our best legal advice so our clients can make informed decisions. In return, we ask that our clients provide us with as much information as possible, even if that means re-living a difficult situation or taking personal risk. Information our clients share with us is confidential, and we work hard to earn our client’s trust.
Humanitarian Parole and Asylum
Humanitarian parole allows a foreign national to travel to the United States in cases of emergency, or based on public policy reasons. The United States Citizenship and Immigration Services (USCIS) grants humanitarian parole sparingly, primarily for foreign nationals who would not otherwise qualify for an immigrant visa, but who may qualify for other compelling reasons. Humanitarian parole is a last option for people who wish to enter the United States. However, if you are already in the United States and are in removal proceedings, you may be able to qualify for humanitarian parole.
Asylum is a form of relief available to a foreign national who has suffered persecution or fears they will suffer persecution because of their race, religion, nationality, membership in a particular social group, or political opinion. Asylum is granted to foreign nationals who are already in the United States, or who are arriving and who meet the international definition of a “refugee.”
Someone seeking asylum is protected from being returned to his or her country of origin, is authorized to work in the United States, may apply for a social security card, can request permission to travel overseas, and can petition to bring other family members to the United States.
To be eligible for asylum, an applicant must apply within one year of his or her arrival to the United States. The application may include the applicant’s spouse and children (unmarried and under 21-years-of-age) who are in the United States at the time of filing or until a final decision is made on the case.
Immigration Bond Hearings
If you are a foreign national who has been detained by a U.S. immigration officer, you may be eligible to post bond to be released from custody while removal proceedings are pending. In a bond hearing, you can present a case as to why you should be allowed to post bond that will allow you to be released from detention. Posting bond requires that you pay money and provide further assurances, such as wearing an electronic monitoring device, that you will appear for all future proceedings. If you are released on bond and appear for all proceedings, the bond will be reimbursed.
Usually, an immigration attorney can better achieve contact with Immigration and Customs Enforcement (ICE) and effectively negotiate the bond than a detainee who tries to negotiate the bond themselves.
If your immigration application has been denied or you receive another form of adverse judgment from an immigration judge, you may be entitled to file an appeal with the Board of Immigration Appeals. The Board of Immigration Appeals is the highest body for interpreting and applying immigration laws and has the authority to hear appeals from decisions rendered by Immigration Judges and directors of the Department of Homeland Security (DHS).
An immigration appeal must be filed within 30 days from when the USCIS officer or immigration judge makes their decision.
If you lose an appeal you may be entitled to further appeal your case to a federal court of appeals.
Semita Legalis: Professional Guidance for Your Legal Journey
There are complex laws that govern humanitarian-based immigration, immigration bond hearings, and immigration appeals. Working with an experienced immigration attorney gives you the best chance of receiving a successful outcome.
At Semita Legalis, immigration is personal. Lead attorney David Breon has lived in Spain and Ecuador, is married to an Ecuadorian, and has a son with dual citizenship. He understands the struggles that people face when making immigration decisions, and the strain that can be caused by being separated from loved ones abroad. We strive to provide helpful legal counsel, committed advocacy, and fair rates as we help people with humanitarian-based immigration, bonds, and immigration appeals.