Facing the possibility of deportation can be a daunting experience for any immigrant. The thought of being forced to leave the United States and return to a potentially unsafe country while being separated from one's family and community can be incredibly frightening. However, the U.S. legal system provides multiple ways for immigrants to fight against deportation. In many cases, this will involve making an argument to an immigration judge for why a person should be allowed to remain in the United States. However, even if a judge rules against a person and puts a deportation order in place, it may still be possible to appeal this decision.

Understanding the Immigration Appeals Process

A ruling by an immigration judge can usually be appealed, and a person can request to have their case reviewed by the Board of Immigration Appeals (BIA). However, it is important to note that there are strict deadlines for filing an appeal with the BIA. Appeals must be made within 30 days after the immigration judge's decision, and the Board must receive a Notice of Appeal within the applicable 30-day deadline. If an oral decision was issued in immigration court, a Notice of Appeal must be received within 30 days after the date of the decision. If a written decision was issued, a Notice of Appeal must be received within 30 days after the date the decision was mailed to the immigrant.

When filing a Notice of Appeal, it is crucial to provide detailed information about the reasons for the appeal. An immigrant will need to specify why they disagree with the ruling by the immigration judge, including any disputes about the facts of the case or the interpretation of the applicable immigration laws. They will need to identify the specific facts they are challenging and cite the laws, court rulings, or other legal authorities that may affect their case. If their appeal is related to humanitarian relief or other forms of discretionary relief, they will need to detail the specific issues related to their eligibility for relief or the exercise of discretion.

Over the past several years, immigration officials in the United States have used a policy known as Title 42 to expel many immigrants who entered the country without authorization. Title 42 was implemented in 2020 by the administration of President Donald Trump, and it was meant to help limit the spread of COVID-19 by immigrants entering the U.S. As of May 11, 2023, the United States has officially ended the COVID-19 public health emergency, and this means that Title 42 will no longer be in effect. As more immigrants continue to attempt to enter the United States, lawmakers and other officials are looking to implement reforms that will address ongoing concerns about immigration.

Policies That Address Increases in Migrants Seeking to Enter the U.S.

The Department of Homeland Security has emphasized that the end of Title 42 does not mean the United States has "open borders." However, misinformation about U.S. immigration policies has led many migrants to leave their home countries and seek to enter the United States. Currently, border officials apprehend several thousand people each day as they attempt to enter the country without authorization.

To address ongoing concerns about immigration, the administration of President Joe Biden has sought to implement new policies that will give some immigrants a legal pathway to enter and work in the United States. Immigrants who wish to apply for asylum can do so before entering the country by scheduling appointments through a smartphone app. People from certain countries may be eligible for parole, allowing them to live and work in the U.S. for two years after receiving sponsorship from a family member or employer in the United States. In an attempt to limit illegal immigration, the administration has also put a new rule in place that will make those who enter the country without authorization ineligible for asylum.

Immigration to the United States can be a complex journey, especially for children who make the journey alone and those who have experienced abuse or been abandoned by their parent(s). Fortunately, minors who have been affected by these issues may receive protections, and they may be able to apply for humanitarian relief. Special Immigrant Juvenile (SIJ) status can provide children with Green Cards, and it may also protect them against deportation.

What Is Special Immigrant Juvenile (SIJ) Status?

SIJ status provides a pathway to permanent residency for some children who have been abused, neglected, or abandoned by their parents or guardians. If a court determines that a child cannot be safely reunited with their parents and that it is not in the child's best interest to return to their country of origin, the child may apply for SIJ status by filing Form I-360 with U.S. Citizenship and Immigration Services (USCIS). If their application is accepted, they will be able to apply for a Green Card once an immigrant visa becomes available.

Who Qualifies for SIJ Status?

A child who applies for SIJ status must be under the age of 21 at the time they file their application. If the immigrant turns 21 while their application is pending, they may still be eligible for SIJ status. A person must also be unmarried when filing for SIJ status and when USCIS makes a decision in their case. The child must also be in the physical and legal custody of a state agency or a court-ordered guardian such as a foster parent. Children who apply for SIJ status must be living in the United States when they file their application and at the time that USCIS issues a decision on whether to grant SIJ status.

Immigrating to the United States is a dream for many people around the world. However, the immigration process can be long and complicated. One of the options for immigrants to obtain a Green Card is consular processing. This process involves applying for an immigrant visa and Green Card through the U.S. embassy or consulate in a person's home country. There are several options for obtaining authorization to enter the United States and live in the country permanently through consular processing, including:

Family-Based Immigration

Consular processing is frequently used in family-based immigration to the United States. When a U.S. citizen or lawful permanent resident has qualifying family members outside the U.S. who want to come and live in the country, they can submit a petition on behalf of their loved ones. If the petition is approved, the beneficiary can then attend a visa appointment at a U.S. consular office abroad. Consular processing is advantageous because it streamlines the process of obtaining family-based immigration visas for those who are located outside of the United States.

Employment-Based Immigration

Consular processing may be available in certain employment-based immigration cases in which an immigrant has been sponsored by a U.S. employer. After a visa petition filed by an employer is approved by United States Citizenship and Immigration Services (USCIS), the petition will be sent to the National Visa Center (NVC). When a visa becomes available, the NVC will forward the case to the embassy or consulate in the immigrant's home country, and an interview will be scheduled.

The United States is often seen as the land of opportunity, attracting thousands of foreign workers each year who hope to establish and advance their careers. Employment-based visas and Green Cards are one of the most sought-after avenues to achieve this dream, offering permanent residency in the U.S. However, obtaining an employment-based Green Card can be a complex and lengthy process. For those who wish to immigrate to the United States, it can be helpful to understand the different categories of workers who may qualify for Green Cards and the annual quotas for each type of employment-based Green Card.

Annual Availability of Employment-Based Green Cards

United States Citizenship and Immigration Services (USCIS) makes about 140,000 employment-based green cards available each fiscal year. This number is not necessarily fixed, as unused family-based visas from the previous year may increase the quota for employment-based green cards.