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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118688
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a friend who has been in the US for 12 years. She

Customer Question

I have a friend who has been in the US for 12 years. She fled Mexico to escape her husband's daily beatings (he was a police officer). She left behind her 18month old son who is being raised by her mother. She works to send money for his schooling, and food and clothing. The mother has to escort the son to and from school to protect him from being seized by the drug cartels that frequent the streets of their town and pick up young boys to become drug runners. She has received in regular mail a summons to an immigration center in Detroit on June 1st. She is currently in no criminal proceedings. She does not know what to do.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: michigan
JA: Has anything been filed or reported?
Customer: she was picked up in 2014, bonded, and charges were dismissed, and bond was returned.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She should have applied for asylum by this time, since she does have evidence she would be in actual danger if she returned to her country. At this point, she needs to engage a local immigration attorney to not only respond to the summons, since the rules of enforcement of the laws have now changed dramatically since 2014, but also to file her petition for asylum and begin that process to prevent her from being involuntarily deported. This should have been done in the 2014 case, but at that time the USCIS was not held to enforce the immigration laws as written like they are now, so they likely did not think to tell her she needs to apply for asylum.
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