CRIMINAL LAW

Do you have a criminal history that is affecting your immigration status?

Many of our clients have had problems in the past, or had been at the wrong time in the wrong place and ended up in a criminal situation for one reason or another. Many others call us because they were caught in a compromising situation and did not want to spend money or couldn't afford a good criminal attorney. They were offered a deal by the prosecution and accepted the offer because they could not or would not take the risk of going to trial and prove their innocence. Many tell us they were afraid of receiving a large sentence had they lost, so they pled guilty even if they were innocent.

Today, because that problem in your past, you may be subject to removal, deportation, from the United States. In some instances, an old minor violation, no matter how insignificant you think it is, it may have severe immigration consequences today. We urge all to investigate their past and consult with an attorney before applying for any immigration benefits or before departing the United States. If an individual has a criminal conviction, no matter how old the conviction is, that individual should not leave the country unless s/he has consulted an attorney. People do not realize that even if they have a Green Card, they are making a new request for admission every time they re-enter the United States. Many people call us from all over the world and inform us that they took a quick trip outside the country but can no longer re-enter.

You have to understand that your future is really controlled by the border officer. Some border officers know the law very well and others barely know it at all. As a result, if someone 'feels' that your offense should keep you out of the country, even if they are wrong, you will be in a mess. We have had callers banned from the U.S. for a single minor offense that happened 10 or 15 years ago! Resolving this through the Embassies takes months if not years. Moreover, we have had cases where no person was hired to read waivers for months at a time, while our client's life was on hold. The prudent step to take is to discuss the problem and plan the future with the help of an attorney before it's too late. There are things you don't know that will hurt you. Many people have a lot to lose. A waiver (a legal document that, in effect, asks the government to forgive your offense and let you enter in the United States) can take a year and a half to be decided if you're stuck outside the country.

In some cases, you need major solutions. In some cases, your offenses cannot be easily fixed without a high-risk waiver. We do not like to take your money if we feel that you do not have a good chance of winning.

In some cases, we would have you consult with a criminal lawyer. Why? In certain instances you may have to do one of 2 things:

          1. Have a felony reduced to a misdemeanor

          2. Have a misdemeanor or felony vacated.

Expungements do not relief you from the severe immigration consequences.

Sometimes the best thing to do with a crime is simply have it removed from your record as if it didn't exist. Not everyone qualifies for this remedy and it is expensive.