Restoration of Immigration Status Explained
Restoration of Immigration status refers to the legal process wherein a person who has lost their immigration status, or who is considered to be in status but is not in possession of the required documentation, is allowed to regain their legal status as a resident of the United States. Restoration is necessary to permit individuals to remain in the United States legally.
Restoration of Residence is also required for individuals who were issued derivative visas based on a primary applicant but whose visas have expired for various reasons. For example, an individual who has filed an application for adjustment of status to become a permanent resident may have had their documentation expire while that application is pending with the USCIS, but may not have received a temporary green card or valid status by virtue of having filed the application. A petition for restoration is necessary to renew the expired visa while the Adjustment of Status application is pending .
Further, restoration of residence is necessary where a permanent resident has lost their status, even if only temporarily, as a result of travel outside of the United States, such as a permanent resident who travels abroad and it delayed there during a period of unrest. Another example of when this is required includes where a permanent resident loses their status because the documentation is no longer valid, such as when they are employed with an employer that has complied with I-9 employment verification procedures, but has not renewed their documentation. Where a permanent resident has lost some component of their documentation, such as a green card, the process of restoring status generally involves the replacement of the lost card.
The process to either replace documentation or restore status varies depending on the reason, and requires the submission of the appropriate application.
The Function of Legal Aid in Immigration Issues
Access to legal counsel is critical for those seeking to navigate the complexities of immigration law, and particularly essential for those in the process of restoration or who have previous violations. Assistance is often needed to review appeal documents, or simply to understand the available options for resolving a matter in appeal, agency or federal court and the pros and cons of each option. Not all immigrants have the means to pay for these vital services, and even if legal counsel can be secured without financial concerns, those who have little knowledge of the law; the process and its potential pitfalls may be at a disadvantage relative to the attorneys for their adversaries. For immigrants lacking these resources, securing quality legal aid is essential for achieving a desirable outcome, and for those who may not have the capacity to retain counsel, legal aid may in fact be the only option. Immigrants seeking counsel are often counseled by referral from other non-profit centers or through private bar associations. These centers often assist immigrants through USCIS application preparation or Department of Labor petition preparation, especially in the case of employment-based immigration. Legal aid participants provide various services such as legal assessment, disaster relief, representation in relation to humanitarian based applications; assistance with waiver applications, special immigrant visas; U visa petitions for victims of domestic violence and other serious crimes; T visa applications for victims of trafficking; asylum based applications for individuals with fear of persecution; conviction waivers and post conviction relief for youth in deportation proceedings; naturalization and other available forms of relief from removal.
Immigration Legal Aid: How to Obtain
Numerous resources are available to immigrants trying to find and access the legal assistance they need, such as legal aid organizations and local courts. With this assistance, immigrants have the chance to pursue restoration of their status, enabling them to remain in the United States without fear of detention or removal.
Immigrants are encouraged to first utilize general online resources, such as the U.S. Department of Justice’s list of legal aid organizations based on geographical location. Organizations are typically listed with a description of the legal services they provide, as well as the languages they speak and any visa requirements that may apply.
There is also a directory of providers organized by specialization, allowing for flexible searching based on the person’s individual needs, including family-based immigration and visas for employment.
Once you’ve located a provider, you will have to contact them for a consultation. They will typically ask for more information about your circumstances and, in some cases, the documentation to verify your situation. Be sure to have your personal identification information and any other visas or green cards you may have.
The organization should thoroughly explain how they’ll assist you from there, including what documentation and information you will need to provide. They will also present a retainer agreement and exactly what legal advice or services they will furnish. If you accept the retainer, you will typically have to sign it and pay the initial retainer fee upfront, although some may provide payment plans that include monthly installments.
Make sure to thoroughly review the agreement before signing and understand exactly how the organization will help you. From there, they will carry out the legal services as agreed upon and deliver the results to you in a timely manner.
Hurdles for Migrants Attempting to Restore Status
The restoration process, while essential, is anything but easy. Foreigners looking to return after a period of loss status often face a mountain of difficulties, chief among them legal complexities. The immigration law system is confusing even to those fluent in the English language. For those who do not speak English, it can be a near-impossible task. Even a small mistake or miscommunication can lead to years of frustration. Financial constraints also present significant barriers to foreigners with restoration immigration issues. The legal system is anything but cheap, and not everyone is capable of agreeing to hefty hourly fees. Filing costs can also add up quickly , further compromising their ability to navigate this difficult challenge. Even just traveling to offices and family can prove problematic. Without help, many foreigners are left unsure of what to do, especially if they are low on funds and lacking access to assistance. Immigration legal aid helps remove these barriers. Many immigrants work with lawyers willing to compromise when needed. Financial constraints are of little hindrance to those practicing immigration law — firms such as our own can take on lower-paying clients without issue. Furthermore, we understand the frequent miscommunication that occurs between legal aid professionals and non-English speakers. By relying on interpreters and highly skilled professionals, we are able to work with everyone.
Success Stories: Legal Aid in Restoration Matters
Maria Garcia, an asylum seeker from Venezuela, came to Legal Aid Society in the aftermath of a broken relationship. Her partner had falsified financial records when she applied for asylum, and suspected a change in their relationship resulted in a review of her case. Facing deportation and possible death if forced to return, Maria felt she had nowhere to turn until she met with a pro bono attorney at the Legal Aid Society for Livelihood Rights – the newly formed practice focusing on those fleeing persecution.
Zhen Liu was a young girl escaping government persecution in China. With no other means of communication, she turned to the parents of her classmate in the United States . The parents contacted the Legal Aid Society of NYC’s ("LAS NYC") Immigration Law Unit ("ILU"), and with the help of proved bono partner Sidley Austin, obtained her refugee status and granted her asylum.
Roger Strength is an inmate serving time at the Kansas Correctional Facility for a theft charge. His immigration status has been in flux since his mother passed away when he was a child. When Roger became aware that his citizenship was being contested by the government, he reached out to the Midwest Immigrant & Human Rights Adovcates ("MIRA") project at LAS NYC. Roger has since been admitted for lawful permanent residency. If not for the advocacy and efforts of MIRA project "Bread & Roses: Reuniting Families" and the 13 attorneys that have worked on this case, Roger would most likely have lost his life and his citizenship in the process.