I practice primarily in immigration law; specifically, my areas of focus are removal defense, family-based immigration, and naturalization.
I also practice criminal defense, I have handled cases ranging from simple misdemeanors to category A felonies (as defined by Nevada law).
I certainly understand the urgency of the situation when a loved one is in custody. Call as soon as possible to see if a same-day appointment can be accommodated.
There are several differences between a criminal case and a case in immigration court. The most significant being the following: the former usually involves consequences ranging from just simple fines to lifetime imprisonment. The latter consistently deals with the same two options: either removal from the United States or relief from deportation and the ability to remain in the United States with legal status.
If you are at all confused about whether your case (or the case of a loved one) involves a “criminal” case or an “immigration” case, please call me at (725) 221-5998 or email me directly at firstname.lastname@example.org to discuss further.
REMOVAL DEFENSE QUESTIONS
First, my promise to you is to give you my honest assessment of the case: if I think I can help get your loved one out of immigration custody or to avoid removal from the United States, I will tell you so; and, if so, I will lay out the steps by which I would try.
Second, I promise that if I take your case, you will not find another attorney as diligent and dedicated to your cause as I would be.
If you have an ICE hold that means that the Department of Homeland Security Immigration and Customs Enforcement (“ICE”) has placed a detainer on you, requesting that the agency who currently maintains custody over you hold you for an additional 48 hours after you would have otherwise been released from criminal custody. It is during this 48-hour period that agents from ICE will go by the jail or detention center where you are held to take you into federal immigration custody.
There is no need to despair, however. Once you are in immigration custody, it may be possible to secure your release on bond. Determining your eligibility for a bond is a circumstance-specific inquiry. Please call us to discuss further.
Removal proceedings can be quite complicated, and I certainly do not recommend anyone representing themselves in immigration court.
There are two types of hearing in immigration court: master hearings and individual hearings. You are required to be present at these hearings and, yes, the judge will always open the hearings by speaking directly to you to verify your identity and your home address.
If I take your case, I will certainly be there with you at all hearings. I can also assure you that you will not find yourself confused as to what is going on in your case like many of the unfortunate individuals who have come to me seeking help because their previous attorneys failed to adequately explain the purpose and/or outcome of the hearing(s).
FAMILY-BASED IMMIGRATION QUESTIONS
That will depend. The good news is that, so long as you are over 21 years of age, your mother (or father, for the matter) qualifies as an “immediate relative” for immigration purposes. Thus, there is “no waiting time” since a visa is “immediately available.” That said, the time you will have to wait for the processing of the Petition for Alien Relative (“Form I-130”)—this is the form from U.S. Citizenship and Immigration Services (“USCIS”) that you would need to complete and file with USCIS to get the process started—will depend on what the “current processing times” are.
If any of this is confusing to you, you have nothing to lose by scheduling a free consultation with me, Alex, the managing partner of Law Office of Alexander R. Vail, L.L.C. I will walk you through the process step-by-step.
The petitioning process certainly involves long waiting periods. So long as you have the Notice of Action (“Form I-797”) reflecting your receipt number, you can follow up on the progress of your case. If, however, you lost this paperwork or are otherwise still confused, you may want to consider completing a request under the Freedom of Information Act (“FOIA”). However, there are often several agencies involved in the immigration process, so you may want to submit such FOIA requests to all relevant agencies.
If you need guidance through this process, please schedule a consultation with me.
Generally, to become a U.S. citizen you must demonstrate your proficiency in the English language. There is an exemption, though, depending on your age and the length of time you have resided as a lawful permanent resident in the United States. Specifically, if you are 50 years of age or older at the time of filing and have been a lawful permanent resident for 20 years, you are exempt from the English language requirement. Or, if you are 55 years of age or older at the time of filing and have been a permanent resident for 15 years, you are exempt from the English language requirement. You do still have to take what is known as the Civics Test. However, you will be able to take this in your native language.
CRIMINAL DEFENSE QUESTIONS
Yes. That first court date is what is known as his “arraignment” or “first appearance.” If the District Attorney’s or City Attorney’s (if the case is in Municipal Court) Office has decided to prosecute the case, then on that first appearance, you will receive a copy of the “Criminal Complaint,” which is a formal charging document. The judge presiding over your case will then give you time to hire an attorney if that is what you decide you want to do.
Depending on the jurisdiction where your case is pending, the process after that first appearance might differ. I’d be happy to walk you through this process. Please reach out and schedule a consultation with me.
Generally speaking, a “simple” DUI conviction will not render you either inadmissible or deportable and thus cannot be the basis for a finding of removability. That said, it is still considered an adverse factor that can lead to the denial of any discretionary form of relief—which is just about all forms of relief in the removal context with a few exceptions (e.g., withholding of removal and protection under the Convention Against Torture).
I have handled several DUI cases and will gladly help you handle yours. Please reach out and schedule a consultation with me to discuss the facts of your case.