Immigration Attorney

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August 27, 2010

What is an Immigration Hold?

An immigration hold is also called an immigration detainer. It means that the Immigration and Customs Enforcement (ICE) branch is making a claim against an immigrant being held in state or federal jail. You may have broken a law, been charged with a  felony, and face some jail time. What happens is the ICE can take you from the jail and deport you, though giving you a chance to plead your case.

Being deported is very scary. You had the chance to live in here, but some mistakes were made. The problem is that immigration law itself is such a divisive issue. And today the ICE has more legal power and the desire to deport immigrants who’ve overstayed their time here or broken criminal laws.

What can you be deported for?
There are three kinds of crimes: infractions, misdemeanors, and felonies. An infraction is a minor mistake like speeding or running a stop sign. A misdemeanor is more serious, such as a drinking and driving DUI arrest, where you can be deported. Felonies are the worst, such as assaulting someone, and quite often come with jail time. If you end up going to jail, the ICE can take you from jail and give you a hearing. You will then be asked on the nature of the crime, have the opportunity to post bail, and possibly face deportation.

Assuming you have a green card, you are in danger of deportation. That’s why citizenship is desired by many: you cannot be deported.

What happens after?
The ICE will find you, hold you, and decide what to do next. They will go over your information, and give you a chance to explain yourself. In most serious crimes, you can be deported. The ICE will be going through your immigration status, so that if you are here illegally, no matter the crime, you are now in danger of being deported.

Getting Immigration Law Help
An immigration hold requires the help of a very knowledgeable immigration lawyer. Being deported is the worst possible thing which can occur. You should also consult with a criminal lawyer on how best to defend yourself. In order to properly know your rights, and to stay here, an immigration lawyer is invaluable. But in any misdemeanor or felony charge, you also should hire a criminal lawyer. Even though you are an immigrant, you still have legal rights. A lawyer can help defend them.

August 25, 2010

If You Get Criminal Charges as an Immigrant

Getting criminal charges in the first place is never easy or fun. But being charged with a  crime as an immigrant can put your stay in the United States in jeopardy. This blog guide explains what you need to know about the contract you make with the U.S. government, how the type of crime can change your stay here, if you should plead guilty, how to move on, and how an immigration lawyer can help.

The Contract

The problem inherent in committing a crime as an immigrant is what you did to legally stay here. You promised the U.S. government that you would abide by the rules everyone else is supposed to follow. True, citizens break the law, but they are are prosecuted. As an immigrant, by breaking the law you risk deportation. If you are a citizen, you cannot be deported, only punished in other ways. The point here is that you should avoid at all costs breaking any laws while you lack citizenship. You are better protected if you make a mistake as a citizen.

The Crime
What happens when an immigrant breaks laws is many two major points are factored in: the type of the crime and the penalties involved. In the U.S., you can be charged with an infraction, a misdemeanor, or a felony. Infractions are very common, such as getting a speeding ticket; this rarely affects your immigrant status. Misdemeanors are much more serious, including DUI (driving under the influence of alcohol or drugs) and assault. If you commit a misdemeanor, you may face jail time, and that will affect your immigration status. Felonies are the most serious, where you are to spend a minimum years time in a county or state prison. If you get a felony, your immigration status is in jeopardy and you need an experienced lawyer.

What should you do after a crime?

Your immigration status is based on the time served in prison. The more time you spend in jail, the greater the chances this will affect you. You face deportation if you spend a lot of time in prison.

How can you move on?
Just getting a criminal charge does not mean you will always spend time in jail or prison, nor does it mean you’ll always be deported. The important thing to do is keep your immigration status protected. That means staying within the laws .The more penalties you get, the worse your situation. The best way to move on is to hire an experienced lawyer.

Who can help?

You may need a criminal law lawyer too, but you should be consulting with an immigration lawyer as well, especially if you’ve been charged with a serious crime. Defending yourself is close to impossible, and knowing how the crimes will affect your status is very complex. If you’re unsure, it’s time to call some legal help.

July 12, 2010

What You Need to Know About Deportation

Immigrating can give you enough worries, but when it comes to being deported, you really need to know the laws. Are there ways to avoid deportation? What happens if you are deported? What reasons can you be deported? And can you ever return? You should always consult with an experienced immigration lawyer if you fear deportation. A good lawyer can save you a lot of grief. This blog guide can help too.

What is deportation?
Deportation means you are removed from the United States by the federal government. You are are considered an alien, and it occurs when you break immigration or criminal laws. For example, if you are caught selling drugs, you may be deported. If you’re here illegally, even if you’ve broken no other laws, you will almost always be deported. There are many ways to be deported. You could have violated nonimmigrant status, you terminated your permanent residency status, you engaged in marriage fraud, voted illegally, and a variety of other reasons you can ask your lawyer about.

Can you avoid deportation?
Yes, though if you’re here illegally already you may have some trouble. This is something to talk about with your lawyer. Being deported is a very big deal. If you are here illegally, it may be best to leave and try to come into the country legally with the help of family sponsorship. If you have family here who are already permanent residents, they can sponsor you to be the same (meaning you get a green card). If you are here legally, be smart and understand if you break laws, sometimes even seemingly minor ones, you can be deported. You can be deported until you become a naturalized U.S. citizen. So be mindful of the laws.

What happens if you are deported?
What happens is you get an NTA (Notice to Appear) from the Immigration and Customs Enforcement branch, giving you the reasons for deportation. You will have a hearing, where you have the option to hire a lawyer.  You have more options here than you might think. You may be able to apply for relief, meaning you can stay. If the judge decides against you, you will be deported unless you win an appeal.

Can you return?

This does depend on the nature of your case. Some who are deported are never allowed to return to the U.S.

Who can help?
There is a trial, where evidence and witnesses can be shown, and where a lawyer can help you stay. If you can win in court you can avoid being deported. It’s smart to not break criminal and immigration laws in the first place. In either case, you need to hire an experienced immigration lawyer. Without a lawyer, your chances are slim.