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Removal case.

9/28/2013

RE:  Removal case.

Dear………………….

 

1-    If the U.S. immigration Judge has ordered (without yours or your lawyer appearance) the removal  from the U.S. to Sudan

2-    And if you have been given the chance to appeal that decision by filing a motion to reopen or reconsider that decision (Form I-290 B) within 90 days of that date, but you did not.

3-    In such a situation Judge Decision shall become final.

4-    Now, to file a late Motion to reopen or reconsider requires strong reasons and an argument that convince the appealing Court that you left the USA in an emergency situation and that you was , for reasons beyond your control to leave Sudan.

5-    This motion costs estimation ($ 3,000) and takes time (18 months) and the chance to wine is very hard (50 %)

6-    If you insisting to return to USA, I advise you to try this process:
i- To file for SB-1 visa at the American Embassy in Khartoum. You need to support the application with the following documents:

Form DS-117 (Returning residence status) and Form DS-156 (you can down load both forms from US State Dept website)
ii-You also need to show continuous ties to the U.S (such as filing Tax returns, ownership of real property or other assets (car, bank account, insurance policy etc)

iii- You also have to show that you originally intended to permanently reside in USA

iv- You have to show that your extended stay in Sudan was caused by events beyond your control (illness, security matters, court order or proceedings.

7-     If you cannot fulfill the above, you have no alternatives other than to try other available channels such as:
(i)        Political asylum (After being admitted on B-1 B-2 visa)

(ii)       Refugee programs

(iii)     Lottery.
(iv)     Marry a holder of a Green card or citizen status.

(v)    TPS  (gives him, only,  a work permit and withholding of deportation)

I hope this will be of help to you.

د أحمد الهلالي ..إستشاري قانوني

 

  • مكتبة الدكتور/ أحمد الهلالى

  •  

    LEGAL ISSUES        

  •  

    Prepared by:

    DR. AHMED ELHILALI (SID)

    ATTORNEY

     

    In a series of articles, I shall try to discuss certain legal issues, which are important to aliens in the United States. I hope it be of value and interest to many of you.

     

    INTRODUCTION:

    These articles are designed especially for aliens residing in the U.S. and discuss the topics that most often come to my attention:

     

    Basic rights that apply to everyone in the U.S., citizens, immigrants and non-immigrants alike.(Rights to equal opportunity to work, Protections against discrimination.)

     

    How to deal with Police force (arrest, search and detention)


    How to deal with Immigration and Naturalization Service (INS) for Green card, Citizenship & travel.

     

    Internal Revenue Service (IRS) for Taxation.

     

    How to do business in the United States.(incorporation)

     

    For questions that arise and issues not addressed here, you may call me for more information, clarifications or legal service at: (202) 508-3686 or (703) 379-6900

    Or e-mail  عنوان البريد الإلكتروني هذا محمي من روبوتات السبام. يجب عليك تفعيل الجافاسكربت لرؤيته.

     

     

    The United States is a land of many freedoms. Those freedoms apply to everyone – citizens, foreign visitors, residents, men, women and children.  It is important for you to know your rights so that you can exercise and defend those freedoms.

     

    Some Minorities, foreigners and visitors might have the feeling of suffering discrimination or denial of some of their basic rights because they did not know where they could get help.

    The Constitution of the United States is one of the rich resources in this regard.

    The rights guaranteed therein are guaranteed to all people in the United States, citizens permanent residents (green card holders) aliens and visitors alike, and you must know those rights and exercise them to defend your valuable freedoms.

     

    Residents and visitors:

    The Immigration and Naturalization Service (INS) is the only government agency that controls immigration.  It is extremely important to know the correct procedure for entering the U.S. and the INS restrictions on non-citizens.  This section details the various categories the INS uses for people entering the U.S.

     

    The most general category is alien, which the INS defines as “any person not a citizen or national of the U.S.”

    Among aliens, non-immigrants are those who come for temporary stay such as diplomats, people working for international government organizations, journalists, tourists, students, crewmen on ships or airlines, some temporary workers and people in transit.

    INS has also included in this category non-U.S. citizens who are engaged to marry U.S. citizens.

     

    Immigrants:

    Immigrants are people who want to settle permanently in the U.S.  Generally, those who qualify for an immigrant visa are: relatives of citizens or permanent residents; people sponsored by a business; and refugees.

     

    The U.S. imposes quotas on immigration.  Quotas do not apply, however, to immediate relatives of U.S. citizens: spouses, unmarried children under 21, including stepchildren and illegitimate children, and parents of citizens over 21.  Quotas also do not apply to returning permanent residents, to some former U.S. citizens and to some U.S. government employees.  Within the quota, some types of people receive higher priority than others.  This set of priorities is called preferences.

     

    Preference Categories for Quota Immigrants

     

    Only immediate relatives of citizens, returning lawful permanent residents, some former U.S. citizens and some foreigners working for the U.S. government can enter as immigrants without subject to the U.S. quota.

     

    All others who seek entry as immigrants are subject to the immigration quotas.  In order of preference, the categories of persons with priority on the quota list are:

     

    A.                First Preference:  Unmarried son or daughter of U.S. citizen

    B.                 Second Preference: Spouses and unmarried sons and daughter of permanent resident aliens.

    C.                 Third Preference: Members of the professions or aliens with exceptional ability in the science of arts.

    D.                Fourth Preference: Married sons and daughters of citizens of the U.S.

    E.                 Fifth Preference: Brothers or sisters of U.S. citizens.

    F.                  Sixth Preference: Skilled or unskilled labor in short supply in the U.S.

    G.                Nonpreference: Includes those who obtain a labor certification and are placed on a waiting list in the order in which they obtained their certification.  Aliens exempt from a labor certification can also reserve a place on the waiting list.

    Will follow in the next series.

    Thanks.