How do my arrests affect my immigration case?
People often wonder, “How does my criminal record affect my immigration situation?” The truth is that certain criminal convictions can have serious effects on your right to remain in this country legally. What people often don’t know is that even Lawful Permanent Residents (green card holders) can be deported if they get convicted of certain crimes. Certain arrests can also make you ineligible to become a Lawful Permanent Resident, and can also make someone who has temporary status (like T.P.S.) lose such status.
This is why it is essential to have an immigration lawyer who has experience dealing with aliens with criminal records. Attorney Sherwin C. Carballo has extensive experience working with such cases, and is capable to conduct a thorough evaluation of a person’s criminal history to determine what effect one’s criminal record will have on their immigration situation.
Call today to schedule your criminal case evaluation. All you need to do is bring in your paperwork pertaining to your arrest and conviction history and the attorney can analyze your case. If you prefer, you can fill out the email form below and list in detail your criminal history, your current immigration status, or the status you are trying to obtain. Provide as much detail about your criminal background and your immigration question. (please note that all of this information is completely confidential).
How does my arrest warrant affect my case?
Whether you are applying to become a Lawful Permanent Resident (your green card), are applying to become a United States citizen, trying to renew your T.P.S. status, or are fighting against removal (deportation) in the immigration courts, an outstanding warrant for your arrest can make you completely ineligible for the immigration benefit you are seeking.
Sherwin C. Carballo has extensive experience working with immigrants with criminal records and/or outstanding warrants for their arrest. Call today and speak to the attorney to find out how you can go about taking care of your outstanding arrest warrant. Don’t delay any more, every time you step into your car and drive, you risk getting pulled over and taken into custody for your outstanding arrest warrant.
How can I get my family out of immigration custody?
How to bond out your family member
Often times when non-citizens are arrested the local law enforcement agency contacts Immigration and Customs Enforcement (ICE) agents to see if ICE wants to detain the person. If the person has no legal status in this country, or if the person has committed a crime which makes them deportable, ICE may want to take the person into custody by placing what is called an “immigration hold” or “ICE hold” on them. This means that once the person is done with the criminal court process (whether they beat the case, or serve out the sentence), ICE takes them into custody and places them in a Federal Detention Facility. From there, removal (deportation) proceedings will be initiated against the person, or in some situations, they may be immediately removed without a hearing before an immigration judge.
The most important thing to do if your family member is in this situation is to advise them not to sign anything without first consulting with their attorney. It is possible that your family member may be eligible for release on bond.
Detention of aliens with criminal records and their potential release on bond is a complex aspect of immigration law, and you would be well advised to trust your family member’s well being with an attorney who has experience in this field. Sherwin C. Carballo has extensive experience working with detained aliens and will be able to analyze your family member’s likelihood of being released on bond.
If your family member is currently detained CALL US IMMEDIATELY at (323) 592-9611. Time is of the essence.
How do I know if my priority date is current?
When someone files a family based petition for their family member, the date on which the petition is filed becomes their “priority date.” This date is usually found on the top left of the family based petition. When that priority date becomes current a visa number becomes available for that family member, meaning they are eligible to apply to become Lawful Permanent Residents (green card holders). To determine whether your priority date is current, click on the Visa Bulletin link below. First identify which family preference category you are in (i.e. first, second, third, or fourth). This information is contained on the top portion of the Visa Bulletin page. Once you have determined which category you belong in, check the visa bulletin chart. Make sure to check under your country of origin.
If your priority date is older than the date the is shown on the visa bulletin, then your visa number is available, meaning you are ready to apply for your green card.
If you have any questions regarding your priority date, or your eligibility to apply for your green card, call (323) 592-9611 today for a free phone consultation, or to schedule an in office consultation.
Visa Bulletin
http://travel.state.gov/visa/bulletin/bulletin_5337.html
Is it possible to fight against deportation?
When the government wants to remove a non-citizen from the United States, the Department of Homeland Security, Office of the Chief Counsel initiates what are called Removal Proceedings against that person. Being placed in Removal Proceedings is what people commonly refer to as “being deported.” There are a variety of reasons why someone gets placed in Removal Proceedings. A few of the most common include: being out of lawful status; applying for some form of immigration benefit, having it denied, then being out of status; getting convicted of certain “deportable” offenses; attempting to smuggle someone into the country, etc.
You typically find out that you are being placed in Removal Proceedings by receiving a document called a Notice to Appear (“NTA”). The NTA will usually contain some allegations and will state that you are removable for some specified reason. These NTA’s can be very confusing for someone without any immigration law experience, but the most important thing to note is the date, time, and location where you are ordered to present yourself. This typically appears on the bottom portion of the page. Sometimes the NTA does not state a specific date and time, but rather states that another document will arrive with a specific date and time. If that is the case you can just wait for that subsequent document to arrive, but you would be better advised to call the immigration court periodically to find out if your case has been scheduled.
It is absolutely imperative that you appear for your court hearing. If you do not appear at court the Judge has the right to order you removed (deported) in absentia. This means that even though you are not present, your failure to appear without good cause will give the Judge the right to proceed without you. Since there is no one there to speak on your behalf, the Government lawyer’s request to have you removed is usually granted.
If you have recently missed your scheduled appointment in immigration court, and you have a compelling reason why you missed the hearing, call an immigration lawyer IMMEDIATELY, as it is sometimes possible to have the Judge reopen your case if you have a good reason for having missed the hearing.
What most people want to know is whether there is anything that can be done to fight against the removal (deportation). The answer to that question is, yes. Every case is specific, and a variety of factors, like your country of origin, the number of years you have been in this country, the manner in which you entered, the number of United States citizen family members you have here, etc. may make you eligible for certain forms of relief from removal (deportation). In other words, you may be able to stop the deportation.
Removal (deportation) defense is possibly the most complicated aspect of immigration law, and it is important to note that not all immigration lawyers are experienced in removal (deportation) defense. If you appear at your first hearing by yourself, you can request that the immigration judge give you an extension to find an attorney. Please note that the government will not provide you with a free attorney as they do in criminal court.
If you, or your family member is currently in Removal Proceedings, or if you have received a Notice to Appear before an immigration judge, contact our office immediately and schedule a free consultation with the attorney. Sherwin C. Carballo has extensive experience defending immigrants against Removal (deportation), and at your consultation he will be able to analyze your case and determine whether there is any likelihood of you being allowed to remain in the United States. Call for a consultation now: (323) 592-9611
