Rios Immigration Defense, P.S.
Rios Immigration Defense, P.S.

Challenging Cases. Extraordinary Commitment. Impeccable Integrity.

Frequently Asked Questions

The attorneys at Rios Immigration Defense, P.S. enjoy the respect of clients, the local community, courts, and government officers alike, for their integrity, passion, and exceptional advocacy.

The partners at Rios Immigration Defense, P.S. are fluent in Spanish and have over 25 years of combined immigration law practice, and are frequent speakers at local and national conferences and trainings on immigration law. Our staff is fluent in Spanish.

Here is a list of frequently asked questions. Of course, you can always call our office a call at 206-970-2781 and we’ll be happy to assist you with your immigration question, issue or legal situation.

FAQ

What types of cases does Rios Immigration Defense, P.S. take on?

We represent clients with any type of immigration matter, and because we focus exclusively on immigration law our professional team is highly specialized in this practice. We work with clients applying for immigration benefits for themselves or family members with U.S. Citizenship and Immigration Services (USCIS), defending themselves against deportation in immigration court, and appealing their cases before the Board of Immigration Appeals (BIA) or federal appellate courts. Our caseload includes family or employment-based petitions, asylum claims, removal defense for immigrants with criminal convictions, immigration applications for victims of domestic violence and other crimes, Deferred Action for Childhood Arrivals (DACA) and citizenship applications, amongst others!

How much do your services cost?

The cost of representation with our attorneys depends on the specifics of your case and situation. If you are interested in our services or finding out if you qualify for an immigration benefit, the first step to take is to schedule a consultation with one of our attorneys. The attorney will discuss your situation in detail and advise you of any legal actions you can take to help you and your family. The attorney will also provide you with quotes for representing you through all of the legal procedures you or your family members qualify for. Attorney consultations can be done at our office in Seattle, or over the phone. To schedule a consultation call us at 206-970-2781. Our consultations cost $300.

I am trying to help someone who is detained by ICE. Can you help get them out of detention?

We do represent clients in bond hearings. A bond hearing provides the opportunity to explain a person’s circumstances to an immigration judge to show why they should be let out of detention to continue with their immigration case. The judge can decide how much the person’s bond should be, and if the bond amount is paid they will be able to return home until their case is completed. If the person released under bond attends their court dates until the case is decided, no matter what the result is, they get the amount paid for the bond returned to them. In some cases, a person may be released from detention without paying a bond.

I am a U.S. citizen. Can I file a petition for my family members to make them legal permanent residents (green card holders)?

If you are a U.S. citizen, you can file an I-130 petition for your spouse or your children. If you are a U.S. citizen over 21 years of age, you can also file an I-130 petition for your siblings or your parents. However, once you have an approved I-130 petition for your family member, the remaining steps to grant them legal permanent resident status can be very complicated and vary greatly depending on the specifics of you and your family member’s case. To find out how filing an I-130 could benefit your family member, call us at 206-970-2781 to schedule a consultation.

I am a legal permanent resident. Can I file a petition for my family members to make them legal permanent residents (green card holders)?

If you are a legal permanent resident, you can file an I-130 petition for your spouse or unmarried children. However, once you have an approved I-130 petition for your family member, the remaining steps to grant them legal permanent resident status can be very complicated and vary greatly depending on the specifics of you and your family member’s case. To find out how filing an I-130 could benefit your family member, call us at 206-970-2781 to schedule a consultation.

I’ve been a victim of domestic violence or another type of crime, and I do not have immigration documents to live in the U.S. Can I get permission to live and work in the U.S.?

If you, or your child, have been physically or psychologically abused by your spouse or parent, and your abusive spouse or parent is a legal permanent resident or U.S. citizen; you may be able to apply to become a legal permanent resident without any assistance from your abusive spouse or parent. If you have been abused by your child and they are a U.S. citizen, you also may be able to apply for legal permanent residence. These applications are known as VAWA relief, as they were authorized by the Violence Against Women Act. To find out if you qualify for VAWA relief, call us at 206-970-2781 to schedule a consultation. If you have been the victim of certain crimes that took place in the U.S., you may be able to apply for a U visa. Eligible crimes include felonious assault with or without weapons, domestic violence, rape, sexual assault, kidnapping, human trafficking, false imprisonment and extortion, or similar crimes amongst others. To be eligible for a U visa, you also must have been cooperative with law enforcement and you have to show that you suffered substantial harm from the crime. In order to apply for a U visa, you must obtain a certification signed by a government official with authority to enforce or prosecute the law. If your U visa application is approved, you will have permission to live in the U.S. for four years and you can apply for a work permit. After three years with U status, you can apply to become a legal permanent resident (green card holder). If you think you may be able to apply for a U visa, call us at 206-970-2781 to schedule a consultation.

I’ve been placed in removal proceedings by immigration for not having permission to live in the U.S., but I’ve lived in the U.S. for over ten years and my family lives here. Do I have a chance to stay in the U.S.?

If you’ve lived continuously in the U.S. for at least ten years and your spouse, child or parent is a U.S. citizen or legal permanent resident, you may be able to apply for legal permanent residency with the immigration judge. You cannot have serious criminal convictions for this application, though certain minor offenses may not disqualify you. In order to be granted legal permanent residency, you must convince the judge that your U.S. citizen or legal permanent resident family member would suffer exceptional and extremely unusual harm if you were deported. If you think you meet these requirements, call us at 206-970-2781 to schedule a consultation.

I was brought to the U.S. when I was young and I don’t have permission to live here, but I’ve stayed out of serious trouble and I’ve gotten a high school education, or am attending school now. Do I qualify for Deferred Action for Childhood Arrivals (DACA), the program that President Obama created the summer of 2012?

If you initially entered the U.S. before you turned 16 years old, were born after June 15, 1981, and have lived continuously in the U.S. since June 15, 2007, you may qualify for DACA. You also must have graduated from high school, obtained a GED certificate, received an honorable discharge from the U.S. armed forces, or be currently attending school to qualify for DACA. Certain criminal convictions can disqualify you or make approval more challenging. If you are approved for DACA, you will not be subject to deportation from the U.S. for not having legal status for at least two years, and you can apply for a work permit that is valid for two years. The program is designed to allow for renewal after the two years pass, but renewal requirements have not been announced at this time. If you think you qualify for DACA, call us at 206-970-2781 to schedule a consultation.

I am afraid that if I returned to my country, I would be badly hurt or killed. Do I have a chance to stay in the U.S.?

If you were seriously threatened, hurt or discriminated against in your home country, or you have good reason to think you would be harmed if you returned to your country; you can submit an I-589 for asylum, withholding of removal and/or convention against torture protection. To be granted asylum or withholding of removal, you need to show that the harm you would suffer is due to your race, religion, nationality, political opinion or membership in a “social group”. To be granted any benefit from an I-589, you must show that the harm you would suffer is caused by your country’s government or people the government cannot or chooses not to protect you from. The requirements and benefits for asylum, withholding of removal and convention against torture protection differ, and qualifying for each will depend on your personal history and situation. However, being granted any benefit from an I-589 will give you permission to live and work in the U.S., at least unless ICE can convince an immigration judge that it is no longer dangerous for you to return to your home country. If you are granted asylum, you can apply to become a legal permanent resident one year after your asylum case is approved. If you are afraid to return to your country, call us at 206-970-2781 to schedule a consultation.

I’ve been placed in removal proceedings by immigration for not having permission to live in the U.S. I’ve lived in the U.S. a long time, I’m a model citizen and I’ve done a lot to benefit my family and community in the U.S. However, I do not qualify for any immigration benefit that would give me permission to live in the U.S. Is there anything that can be done to keep me from being deported?

In cases where you do not qualify for an immigration benefit but you have sympathetic or humanitarian reasons to justify your continuing to live in the U.S., you may have a chance to convince immigration not to deport you. This kind of request is known as prosecutional discretion. Our attorneys have experience with this type of request and know what immigration is looking for when someone asks for prosecutional discretion. If immigration accepts your request, you may have your immigration proceedings permanently or temporarily halted, or you may be able to apply for a work permit. If you would like to discuss your case with an attorney to explore every potential legal option available to you, including prosecutional discretion, call us at 206-970-2781 to schedule a consultation.

Does Rios Immigration Defense, P.S. offer internship or volunteer opportunities?

Yes, we offer internship and volunteer opportunities for high school, college and law students. Our practice includes working with clients applying for immigration benefits for themselves or family members with U.S. Citizenship and Immigration Services (USCIS), defending themselves against deportation in immigration court, and appealing their cases before the Board of Immigration Appeals (BIA) or federal appellate courts. Our volunteers enjoy mentorship from staff with highly specialized immigration law experience, and can develop skills contributing to matters such as family and employment-based petitions, asylum claims, removal defense for immigrants with criminal convictions, immigration applications for victims of domestic violence and other crimes, Deferred Action for Childhood Arrivals (DACA) and citizenship applications, among others! If you are interested in interning or volunteering with us, please contact our office at [email protected]immdefense.com.

More Questions? Contact Us Today!

We know immigration is complex and you may have more questions about your immigration issue. Call our Seattle office at 206-970-2781 or use our online form to make an appointment.