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Delia Salvatierra
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Delia Salvatierra’s Answers

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  • My sister was detain by ICE in phoenix az. She had a DUI and was involved in a domestic abuse case about 8 months ago

    She had a DUI in phoenix AZ about two years ago she paid all fines but never showed up for jail time she had to do three nights at jail but she's undocumented therefore she never showed up since she knew she would face deportation. She got involve...

    Delia’s Answer

    Pursuant to the latest ICE memorandum issued on November 20, 2014, your sister is an enforcement priority for the DUI and Domestic Violence (DV) convictions. An enforcement priority means that ICE will expend the necessary resources to remove your sister from the United States because ICE has identified DUIs and DV convictions as a priority for removal. Here in Phoenix, the Maricopa County Adult Probation Department will notify ICE of the non-citizen's presence in the country and ICE will determine to pick up the individual based on their convictions. You sister will be detained by ICE at the Eloy Detention Center in Eloy, Arizona. Depending on the facts of the DV conviction, she may be eligible for bond and eligible for Cancellation of Removal for Certain Non-Permanent Residents. To win a cancellation case, she will need to demonstrate that either a USC/LPR spouse, child, or parent will suffer extreme and exceptionally unusual hardship if she is removed from the U.S. These cases are difficult to win but it will allow her to bond out of custody and have her case heard at the immigration court in Phoenix.
    More importantly, you sister may be able to defend against deportation if she was the victim of domestic violence by her husband if he is a U.S. Citizen or Lawful Permanent resident. She may be eligible for protection from deportation called, Violence Against Women's Act (VAWA). In the event that her husband is neither a U.S. Citizen or Lawful Permanent Resident, she may be eligible for a U-Visa, which protects victims of certain crimes including Domestic Violence if the perpetrator was a non-citizen. Finally, your sister will need an attorney to help her navigate through this system and assert relief from deportation. Good Luck!

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  • My EAD has a typographical error, will this be a problem when I travel to Puerto Rico/st. Thomas?

    I was granted deferred action in November, when I received my card it had an error under country of birth, it should say MeXico but it says "USA" (wishful thinking) I can send it back and get it corrected for free because its a USCIS error but si...

    Delia’s Answer

    Yikes. I would suggest you get the employment authorization card (EAD) corrected with USCIS. I would carry the I-797 Receipt Notices and a copy of the EAD itself with evidence that you sent it back due to government error. If for any reason you are apprehended by ICE the photocopy of the EAD will alert ICE not to place you in removal proceedings. I understand how concerned you are about not having an ID in Arizona. This is a valid concern. Nonetheless, correcting the EAD so that all future information in your file is correct outweighs not having the EAD for a few weeks. Let me know if you have any follow up questions. Have fun in Puerto Rico!!!

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  • No license ticket issued to illegal immigrant, what will happen in court?

    My boyfriend recently received a ticket for driving without a license. This is his second ticket for the same issue. He has court and I just wanted to know what will happen in court? What will he be asked and what should he answer?

    Delia’s Answer

    He was very lucky that he was not arrested by the Arizona police officer who stopped him. Did the officer articulate a reason for the stop? In Arizona, police officers have the discretion to arrest a person who fails to show a driver's license. In Court, he will not be arrested by police or ICE. He does need to deal with the traffic citation, however. Most likely, he will have to just pay for the infraction and move on with this life. Under no circumstances should he fail to show up to Court because he will have a bench warrant for his arrest. It is in his best interest to appear in Court and deal with the ticket.

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  • My boyfriend is being held at rloy detain center. If I go to eloy will th#y be able to give me his a#.?

    I already call both # they givr u anf went on the web.

    Delia’s Answer

    The Eloy Detention Center is run as a federal prison and not an immigration detention center. You will have to be cleared by ICE before you can visit your boyfriend at the Eloy Detention Center. First, your boyfriend will have to place you on his visitation list. Second, ICE will conduct a name-only background check to make sure that you are able to visit. Third, you will be given the opportunity to visit him during the weekend and federal holidays only. This process takes about 2 weeks to complete. The Eloy Detention Center will not give you his 'A' number. If your boyfriend had any money with him at the time he was detained he will be able to buy phone cards to call you and give you his 'A' number. Good luck.

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  • Are they giving green cards to those who have been here over ten years?

    just have a friend that needs to know

    Delia’s Answer

    The notion that once a non-citizen is eligible for lawful permanent residence status after living in the U.S. for more than 10 years is one of the greatest myths of immigration law. An undocumented individual who has lived in the U.S. for over 10 years, has a qualifying relative (child, parent, spouse) who is either a U.S. Citizen or Lawful Permanent Resident, is a person of good moral character, and is able to demonstrate that the qualifying relative(s) will suffer "extreme and exceptionally unusual hardship" will be secure the benefit of Cancellation of Removal for Certain Non-permanent residents. Therefore, the undocumented applicant must meet all of these requirements. Importantly, the applicant can ONLY apply for this benefit if they are detained by U.S. Immigration and Customs Enforcement (ICE). Even if the undocumented individual meets these requirements but is not detained they are not eligible to apply for Cancellation of Removal.

    The "extreme and exceptionally unusual hardship" is a very high standard to meet. For instance, an undocumented individual who has no criminal history and has a U.S. Citizen child diagnosed with autism, or Down Syndrome, or other significant medical condition may be granted lawful permanent resident status in the discretion of an immigration judge.

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