Asylum and Refugee Law

Sometimes, people make the choice to move to another country for reasons such as work or to be closer to family. Other times, people flee their homes and leave their country of origin to avoid serious harm or even death. It is this second group of individuals whom asylum and refugee laws are intended to protect.

The United States has signed several treaties with other countries, agreeing not to deport individuals back to countries where they would likely face persecution or torture as defined by international law. Individuals who arrive in the United States and who claim a fear of returning to their country of origin or where they last resided have the right to apply for asylum in the United States to avoid being sent back to the country where they fear harm. However, individuals who arrive at a Port of Entry, like an international land bridge or an airport, and those who are apprehended by the U.S. Border Patrol near the U.S. borders have a very limited opportunity to do this. Adding another layer of hardship for asylum seekers are the recent Migrant Protection Protocols (MPP, or remain in Mexico) and new interpretations of law and policy issued by the current presidential administration to try and reduce the number asylum requests granted by the U.S.

Asylum cases are often times a matter of life and death, and an attorney is crucial in protecting the rights of the asylum seeker. Pamela Munozo began her work in immigration law representing individuals seeking asylum before the Immigration Court and U.S. Citizenship and Immigration Services (USCIS). Her knowledge of U.S. asylum law is extensive, allowing her to represent individuals at any stage of the asylum process, including:

• Credible Fear or Reasonable Fear Interviews (including judicial reviews of negative credible fear or reasonable fear determinations)

• Asylum requests before the Immigration Court

• Asylum requests before U.S. Citizenship and Immigration Services

• Appeal from a denial of asylum, withholding of removal, or protections under the Convention Against Torture before the Board of Immigration Appeals

Removal Defense/ Immigration Court Proceedings

Removal, or deportation proceedings, begin when the U.S. Department of Homeland Security (DHS) files charges against an individual in immigration court. The charges can range from accusing someone of having come into the U.S. unlawfully, having stayed in the U.S. longer than was originally permitted, or behaving in a way that now makes you deportable, such as being convicted of certain crimes. In removal proceedings, the judge's first task is determining if a person appearing before her can be removed from the United States. If so, the judge will then decide if the person in removal proceedings (called a Respondent) qualifies to apply for some type of relief from deportation, and whether or not that relief should be granted.

Individuals in removal proceedings do not have the same protections as a criminal defendant in criminal proceedings. The first important difference is that individuals appearing in Immigration Court have a right to be represented by an attorney, but at no expense to the government; this means that if you want to have an attorney represent you in your removal proceedings, it is up to you to hire one. Pamela Munoz has over 12 years of experience representing individuals in removal proceedings and appeals of those proceedings with the Board of Immigration Appeals, and over 19 years of combined experience working in the field of immigration law. She will gladly schedule a consultation with you to discuss your case and develop a plan of defense to ensure you or your loved one the strongest possible chance of avoiding deportation. Among the services offered related to removal proceedings are:

• Requests for bond or parole with Immigration and Customs Enforcement (ICE)

• Requests for bond before the Immigration Court (EOIR)

• Requests for relief from removal before the Immigration Court

• Appeal from denial of application for relief from removal before the Board of Immigration Appeals

Family-Based Immigration

One of the most common ways that citizens from other countries in the world are able to obtain permanent residency in the United States is through a familial relationship to a U.S. citizen or lawful permanent resident. This can be done while the intending immigrant is still outside the U.S. (called consular processing), or in some cases, once they have legally entered the United States (called an adjustment of status). This process has become more complicated in recent years due to stricter interpretations of the requirements under the law for intending immigrants. Often times a mistake made on a form or the information provided cannot be easily corrected, resulting in denial of an application or even being referred to the Immigration Court for removal proceedings. Pamela is an experienced attorney who can help your family navigate this process and avoid many common mistakes. In addition to representing clients in filing the applications and during their interviews with U.S. Citizenship and Immigration Services (USCIS) some of the more common complications she can help address are:

• Bringing your loved one into the U.S. from abroad (fiancé or spouse of U.S. citizen visas)

• Requests for additional evidence by USCIS

• Preparation of waivers for certain grounds of inadmissibility (things that make you ineligible for admission to the U.S.)

• Notice of Intent to Deny

• Appeal of a denial of application for an immigration benefit by USCIS

Naturalization and Citizenship

Becoming a U.S. citizen is part of achieving the "American Dream" for many people. If you are a lawful permanent resident and you're ready to begin your application for naturalization, our office can help you assess your eligibility and guide you through preparing the forms and preparing for the civics exam and interview. While the naturalization process is smooth in most cases, issues can arise in the process, and when that happens your best resource is a competent attorney to help you determine your options and help you submit the best response possible. Possible issues include:

• Eligibility to take the civics exam in your native language

• Calculating time spent abroad to determine your eligibility

• Request for additional evidence by USCIS

• Notice of Intent to Deny

In other instances, a person may be a U.S. citizen and not even know it. If your parents or grandparents were U.S. citizens, we can go over the details of their immigration history to determine if you may have acquired or derived U.S. citizenship through their U.S. citizenship. Call and schedule a consultation today.

DACA

In 2012, President Obama signed an Executive Order instructing the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) to implement a program through which immigrants who arrived in the U.S. as children were granted protection against deportation and work authorization for periods of 2 years at a time. (NOTE: In September 2017 the Trump Administration announced that it would end the DACA program, and would no longer continue to issue deferred action or work authorization to DACA recipients in the future. Lawsuits from immigrant advocacy organizations and activists has halted the complete end to the program, but it is now ONLY available on a renewal basis; NO FIRST TIME applications for DACA are being accepted). The program, Deferred Action for Childhood Arrivals (DACA) is open to immigrants who meet certain criteria:

• Must be at least 15 years of age but younger than 31 years of age

• Must have arrived in the U.S. on or before June 15, 2007

• Must be out of lawful status

• Must be enrolled in an education program, have graduated high school, or have enlisted in the U.S. armed forces

• Must not be disqualified through certain criminal convictions and/or other disqualifying behaviors

Pamela will gladly help you renew your DACA status, just contact our office for a consultation!

Federal Criminal Defense: As of October 2022, Pamela Munoz is admitted to practice before the U.S. District Court for the Western District of Texas. If you are facing criminal charges in the Western District of Texas, call for a consultation.

Employment-based visas (temporary)

If your business is looking to hire non-citizens in the U.S., foreign students soon to graduate, or to bring employees to the U.S. from abroad, our law firm can help you prepare and file the necessary paperwork so that your employer-based petition has the best chance to be approved by USCIS and/or the State Department. Among the nonimmigrant visas we can help your business file are:

• H-1b's for certain professionals and college graduates

• H-2b's for temporary or seasonal workers

• L visas for employees of foreign companies operating in the U.S.

• TN visas for certain employees from Mexico and Canada

Employment-based Immigration (permanent)

Our law firm can also help once your business is ready to file a petition for permanent residence on behalf of one of your employees. Although the process can take several years and can seem like a daunting process, having the right attorneys to guide you through each step. Our attorneys will gladly go over the requirements and develop a case plan that is tailored to your business's particular needs.

I-9 Compliance Training and Consulting

One of the responsibilities of business owners and employers is to determine that each and every one of your employees is eligible to work in the U.S., and then to keep proper documentation of each employee's work eligibility. Our law firm can help in this task by providing:

• Consulting as to employment eligibility of potential new hires

• Proper preparation and filling of Form I-9

• Assessment of your business's I-9 compliance

• Training for office managers/HR departments on proper record-keeping and I-9 compliance

• Defense and representation against I-9 violations issued by the Department of Homeland Security (DHS)

• Negotiation of fines for I-9 violations with the Department of Homeland Security (DHS)

Our firm’s unique location and language skills allow us to provide logistical support for firms and attorneys located throughout the U.S. who have clients located on the U.S.-Mexico border, particularly in the regions of West Texas and southern New Mexico. Our firm can provide the following common support services in English, Spanish, and Portuguese:

Client Visits In Detention: Our firm can visit clients detained at the El Paso Processing Center, the El Paso County Jail & Annex, the Otero County Processing Center, the Otero County Prison Facility, the Dona Ana County Detention Center, and the West Texas Detention Center in order to conduct intake interviews, deliver or retrieve documents, obtain signatures, or prepare other forms.

Preparation for Credible Fear/Reasonable Fear Interviews: If your client has been referred to the USCIS Asylum Office for a Credible Fear or Reasonable Fear Interview, attorney Pamela Munoz can help them to prepare for that interview.

In-person Coverage of Immigration Court hearings: If your client has been scheduled for a master calendar hearing or a custody redetermination hearing and you require the in-person appearance of an attorney, Pamela Munoz can make a special appearance on your behalf. Special appearances for individual/merits hearings require notice longer in advance, and in some instances, special permission from the Immigration Judge. Contact our firm to discuss.

In-person Coverage of local USCIS interviews: If your client has been scheduled for an adjudication interview with the local USCIS El Paso Field Office and you require the in-person appearance of an attorney, Pamela Munoz can make a special appearance on your behalf. USCIS appearances require notice ahead of time to ensure availability and an opportunity to review the file. Contact our firm to discuss.

Weddings In Detention: Among her other credentials, Pamela Munoz is also an ordained as a minister through the Universal Life Church, and therefore able to officiate weddings for couples where one person is detained. Our firm can assist in obtaining the proper licenses and permissions, and performing weddings in detention at the detention centers listed above. Call our office for more information.

There are specific immigration options available to immigrants who have been victimized in certain ways. These include:

T-Visa

Human trafficking, the unlawful act of transporting or coercing people in order to benefit from their work or service, is one of the most inhumane and horrific situations in which a person can find themselves. T-visas are available to individuals who have been victims of human trafficking. This trafficking can be for the purpose of sexual exploitation, slavery, or debt peonage (indentured servitude).

U-Visa

U-visas are available for individuals who have been the victim of certain enumerated crimes that have been committed in the United States, OR committed abroad but are against U.S. law, and who are willing and able to cooperate in the investigation and prosecution of the crime.

VAWA

The Violence Against Women Act (VAWA) allows immigrants who are married to U.S. citizens or lawful permanent residents and who have been the victims of abuse by that spouse, to apply for lawful permanent residence without relying on their abusive spouse to file a petition on their behalf. Abuse can take many forms, including physical, emotional, psychological, sexual, or financial.

Unaccompanied Minors

Unlike in the criminal justice system, minors who find themselves in removal proceedings before the Immigration Court do not get treated differently because they are underage, and do not have the right to an attorney provided by the government. Many non-profits have wonderful people who work with those minors who were not with an adult caregiver at the time they were apprehended, and Pamela actually got her start in immigration law representing unaccompanied minors at one such organization. For those families in a position to hire a private attorney, Pamela offers experience and competence navigating the special considerations that must be taken when handling the cases of minors in the immigration system. Legal services specifically available to unaccompanied minors include reunification, Special Immigrant Juvenile Status, and special asylum provisions under the Trafficking Victims Protection & Reauthorization Act (TVPRA).

One thing that makes the practice of immigration law unique among other areas is that the U.S. Department of Justice allows non-profit organizations to apply for their non-attorney employees to receive accreditation and represent individuals in various immigration matters. This process can be complicated to navigate without the proper guidance, which we are happy to provide.

However, whether you represent a non-profit organization or a private law firm that’s looking to develop an immigration legal department, Pamela Munoz can help! Her experiences serving as Coordinator of the Unaccompanied Children’s Program for Las Americas Immigrant Advocacy Center, and later serving as president of the board of that same organization have given her unique insight into best practices and requisite skillsets to help you set up and administer your immigration legal department for success! Contact our office in order to set up a time to discuss your particular needs!

Wedding Officiation: In addition to being a licensed attorney, Pamela G. Munoz is an ordained minister, able to officiate weddings in Texas and New Mexico. In certain circumstances, weddings can be performed virtually, at the international bridges, or at a local detention center. Our office can help you with all of these arrangements.

COMING SOON! Citizenship Classes & CLE’s: Ctizenship classes for individuals looking to take the naturalization exam and courses offering Continuing Legal Education credits to attorneys (CLE’s) are projects we are very excited to offer in the near future. Stay tuned!