Where to find legal non-profit organizations

This week in my column "Consulta Migratoria" in LaOpinion.com I answer questions from readers. Remember, each case is different and the answers vary depending on the immigration history of each person, so I can only answer your questions in a general way. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.

Here are the questions I answered in my column:

I have court in April. I am in New York, but I spent 3 months in immigration and got out on bond. My first court date is April 10th and I need to move my case to New York. Is there any institution that can help me move my court here? I don't have money for a lawyer. -- Melvin G.

Melvin, you will need to file a motion to have your case transferred to the immigration court closest to where you live in New York. The motion will need to be filed at least 15 days before your hearing date. If you do not do so on time, you will have to appear for your hearing in the immigration court that is currently hearing your case. If you fail to do so, you will be ordered deported in your absence and will be subject to serious immigration consequences. Among them, you will not be able to apply for certain immigration benefits for a period of 10 years, unless you can reopen your case sooner.

There is nonprofit organizations and representatives accredited by the U.S. Board of Immigration Appeals (BIA) that may be able to help you if you are eligible and show that you are low-income. When you go to these organizations, ask to see their licenses to be sure they are authorized by the BIA to help you. Only accept legal advice from licensed attorneys or representatives accredited by the BIA. Do not accept advice from a secretary, receptionist or paralegal.

You can find a list of accredited organizations or representatives on the federal government's website. To view the list, click here.

I entered the United States in 2002 on a tourist visa. It was for 2 months but I stayed 4 years. I married an American and had a daughter. I returned to my country in 2006. I left voluntarily to Costa Rica. In March I will have been in Costa Rica for 7 years. My husband wants to claim me and is going to file the papers but we want to know if I qualify for the pardon. What can you advise me? --Carol 

Generally, persons who have been in the U.S. illegally for one year or more are not eligible for U.S. permanent residence for a period of 10 years, unless they are granted a waiver.

You were in the U.S. illegally for more than one year and will probably need to apply for a waiver. A waiver can only be obtained by showing extreme hardship to your parent or spouse who is a permanent resident or U.S. citizen.

Please consult with an immigration attorney to further evaluate your situation and determine whether you qualify for a waiver that will allow you to re-enter the U.S.

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