The Law Offices of David B. Gardner, Inc. provides comprehensive representation in all aspects of United States Immigration and Nationality law.
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Undocumented Individuals

 

This page of our website is dedicated to United States Supreme Court Justice Sonia Sotomayor who introduced the term undocumented immigrant in her first published decision in December 2009. The use of the term undocumented instead of illegal and immigrant instead of alien may have stirred emotions in an already impassioned debate about immigration. (See for example the initial reports and response from Justice Clarence Thomas on Justice Sotomayor's "value judgments" and Federal law. We believe that regardless of political affiliation and views on illegal immigration, the term “alien” is an inappropriate way to categorize another human being and that our Federal Laws should reflect American values which include the value of human dignity.

  • INA section 245(I): There are several existing options for undocumented persons in unlawful immigration status. For example, the last major immigration reform legislation in 2000 (LIFE ACT), included an amended extension of INA section 245(I) allowing certain individuals who are beneficiaries of qualifying Immigration petitions, or labor certifications to remain grandfathered for future immigration applications by paying a $1000 penalty .The INA 245(I) law and cases interpreting it are extremely complex and have been the subject of various interpretations by USCIS and former INS memos as well as the Board of Immigration Appeals and Federal Circuit Courts of Appeal.
  • Immediate Relatives: Persons who are Immediate Relatives of US Citizens, were legally admitted but overstayed and are now in unlawful status may still have the opportunity to adjust status. Immediate Relatives are spouses, children under age 21 and parents of US Citizens.
  • Amnesty: The term amnesty has many connotations and is a key component in the current debate on immigration reform. Prior legalization programs granted amnesty to millions of persons who were in undocumented status. Other programs such as NACARA provided relief from deportation for nationals of certain Central American and Eastern European countries who applied within strict. While Amnesty and other similar programs are no longer currently available, certain individuals may still in limited circumstances be able to obtain legalization benefits in Deportation proceedings in the immigration and Federal Courts or through USCIS.
  • Waivers: Certain individuals in unlawful status may be eligible for a waiver if they are applying for permanent residence outside the United States through consular processing. Extreme caution should be taken before considering leaving the United States to apply for a waiver since under current bar automatic 3, 10 and permanent bard to re-entry may apply. There is guarantee that these bars will be waived and they are triggered once the person departs the United States.

If you or someone you know is currently in unlawful status, please click here for a free initial consultation.

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