Criminal History Records

If you have ever been arrested, or convicted for a crime, it would have serious effect on your immigration status. Often, immigration petitions/applications will ask you for if you have ever been arrested, charged, or convicted. Having an arrest or conviction, does not automatically disqualify you, however, you will need to submit documentation of those arrests and convictions.

Be honest. You can not hide your criminal record from the USCIS. They have access to the FBI criminal database, and if you have been in trouble before, they will find it. Failure to disclose your criminal history can result in the denial of your petition/application.

Again, having been arrested or convicted is not an automatic disqualification. Depending on the particular petition/application and the nature of the crime, only recent arrests and convictions will be considered. However, you must still disclose ALL past arrests and convictions.

First it is advisable for you to run a complete national criminal background check on yourself (if you have been arrested or convicted a number of times). These are available online for a fee. Once you have an idea of all of your arrests and convictions, you will need to contact each particular court with your case number to get the file. It is important to get the “complaint” or “information”, or “charging document”. This will show what crime you were being charged with. Also it is important to get the “order”, “sentence” or any other document which showed that a case was dismissed or a sentence was imposed. Finally, if you were sentenced, you will need some type of documentation to show that you have successfully completed the sentence. This can usually be obtained from the court, police department, or probation office, in the area where you were arrested.

Collecting all of these documents can be a time consuming process, especially if you do not live in the area that you were arrested in. The courts mail out your file, if you pay a copying fee. However, this can often take weeks to months, so give your self plenty of time.

If you have been arrested or convicted of serious crimes, such as violent crimes, homicides, drug trafficking, terrorism, etc, it is advisable to consult an attorney before you file your petition/application.

Important Things to Know if You are Detained

1. If you are arrested by the police, do not volunteer information about your immigration status to them. (However, if you are represented by a criminal defense attorney, make sure that you disclose your status to the attorney, so they can advise you of the immigration consequences of any plea deals that you take).

2. If you are arrested by Immigration and Customs Enforcement (ICE), you have the right not to sign any statements or documents. DO NOT volunteer any information about your status, as anything you say can be used against you at a later time. DO NOT lie to the immigration officer, as lying about your status can result in serious punishments. SAY YOU WANT TO SPEAK TO A LAWYER.

3. Once you have been processed, make sure you write down the name and phone number of the immigration officer assigned to you. You should also be given a "Notice to Appear" (NTA), which will contain the charges against you. Make sure you have your alien registration number (A11 111 1111). If you do not know your number, try to contact a family member.

4. You have the right to make a phone call. Call either your family or an attorney.

5. Always keep your legal documents with you at all times. Make sure that your documents are not processed as "personal property". Make sure that your family also has a copy of your legal documents.

6. If your family does not know where you are detained, they can call ICE headquarters at 202-305-2734, or go online at http://www.ice.gov/about/dro/contact.htm. They will need your full name and your alien registration number.

7. Your family may be able to visit you while you are detained. DO NOT HAVE UNDOCUMENTED FAMILY MEMBERS VISIT YOU.

8. You should always request a Bond Hearing. Payment of the bond will allow you get out of detention pending your case. A bond is moneys paid to the government to guarantee that you return for the hearings. Some people maybe released without a bond, such as women who are pregnant. Some people are not eligible for a bond, example, if you have a previous deportation order, if you have certain criminal convictions, if you were arrested at the border or airport, or if the government suspects you of having terrorist ties. You can request that the immigration judge lower your bond, if you can not afford the amount set. The judge has the power to lower the bond to $1500.

9. At the bond hearing, you want to the convince the judge that you are not a risk to flee if bond is granted. Make sure you bring to the bond hearing any documents that show you have a permenant address, stable employment, relatives with legal status in the US, or any documents showing evidence of strong ties to the communitiy. Testimony from family members and friends is also helpful at bond hearings. Written letters of support can also be used.

10. If you have criminal record, you need to get a copy of your criminal history. This can be obtained in the Clerk's office of the County where you were convicted or arrested. If you previously had a criminal defense attorney, they will also have criminal records.

11. You do not have the right to a free attorney in immigration proceedings. Once you have been detained, the case can move forward very quickly. Therefore, you need to contact an attorney AS SOON AS POSSIBLE.

12. The deportation officer should give you a list of free legal service providers. If he/she does not provide you with one, ASK.

13. When hiring attorney, make sure they have experience with deportations. Make sure that the attorney has seen your NTA before he/she makes any promises of what he/she can do for you. Always request a written contract (engagment letter or retainer agreeement) with your attorney. Always keep the engagement letter or retainer agreeement with you. Always keep all correspondences between you and your attorney.

14. There are generally 2 types of hearings after you are detained, "Master Calender", and "Individual Hearing". A master calender is short hearing where you can tell the judge whether you wish to contest the deportation. You can also ask for additional time to find an attorney, if you wish to contest. If you proceed without an attorney, DENY the charges, and make the government prove thier case. If you are applying for a way to stay in the US legally, you will have an individual hearing.

15. If you are contesting the deportation, you can ask the judge at the master calender hearing for voluntary removal. This may avoid later penalties, barring you from re-entering the US.

Detailed information about the above can be found at National Immigration Project. Link

James C. Tai
jtai@hortai.com
www.hortai.com

Beware of Who You Get Immigration Advice From

There are many out there who prey on the innocence, ignorance, or desperation of those who are in need of immigration services. Often people are duped in paying for thousands of dollars by "notarios", and "immigration consultants".

“The word notario in the Hispanic community has a completely different meaning than it has in the United States,” says the incoming president of the American Bar Association. "In many countries, a notario is not just the same thing as an American notary public, but the moniker can also denote someone authorized to handle a variety of legal matters."

According to an article in the Daily Business Review (link)

"An April indictment charged three Miami residents who allegedly held themselves out as immigration consultants; one said he was a Homeland Security agent who could help with documents. Ripping off the valid immigration numbers of identity theft victims from Mexico, Poland, Ethiopia and Jamaica, the team allegedly collected $425,000, charging immigrants in Miami and New York as much as $7,500 each to process Internet applications for visas. Two defendants pleaded guilty and one was convicted at trial. They face sentences of up to 25 years in federal prison."

The USCIS has this posted this informative page on their official website to help people find the necessary legal help. Link.

Immigration Law Firm Charged with Visa Fraud

To read the article, follow the link.

When Do You Need an Immigration Attorney?

1. If you have committed or been convicted of any crime.

2. If your prior applications have been denied.

3. If you have attempted the process on your own and simply cannot figure out what to do next.

4. If you have been deported or otherwise forced to leave the United States.

5. If you have a communicable disease.

6. If you have filed your immigration forms and have been waiting an unreasonably long time for a response.

7. If you divorced your first U.S. spouse before the condition was removed from your permanent residence and you are now seeking to adjust status based on a marriage to another U.S. citizen.

8. If your marriage to a U.S. citizen failed before you were able to file your petition to have the condition removed on your residency, and you will have to file alone.

9. If you are immigrating with your family and you have a child that could reach age twenty-one before your permanent residence status is granted.

10. If you are obtaining a visa or green card based on an employment offer, but your prospective employer has not offered to handle the immigration process.

For a more detailed discussion for these issues, please see the FIND LAW article.