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Hire a qualified Immigration Attorney and Deportation Lawyer

Hiring a Deportation Attorney is Critical to the Success of the Case

 

Hiring a Los Angeles Immigration Attorney is critical to the successful outcome of your case. Immigration Law is changing all the time. What used to be the law is no longer the law. What once was not permitted is permitted at the present time. There are regulations, laws, cases, memorandum, policy and many other factors.  Many times people will think that completing a case is as easy as just filling out some forms. Unfortunately, it is much more complicated than this. An Immigration Attorney is able to look at all the areas of immigration law in order to determine how a particular situation might affect another area of immigration law.

 

For example, somebody might come to the U.S. on a B2 Visitor Visa and get married two weeks later. They might look online to see the forms they need to complete to get a green card based on a marriage petition.  Then, at the interview, the case is denied and the applicant is deported. Why? It would have been fraud to get married within 30 days of entry to the U.S under those circumstances. An Immigration Attorney would have clearly seen this issue and advised the clients what to do and how to avoid the allegation of fraud.

 

Another situation might be somebody applying for naturalization in order to become a U.S. Citizen. For example,  this person received their green card through employment and has no crimes, did not stay outside the U.S. for more than 2 weeks and has good moral character. Sounds easy? In this case, not only was the naturalization denied, but the person was put into deportation/removal proceedings. Why? Because it turns out that the company that petitioned the person for the green card went bankrupt prior to actually working at the company. The naturalization officer stated green card should never have been given. A qualified Immigration Attorney would have seen this issue and prepared the legal arguments accordingly to have a much better chance of winning.

 

You can search for all types of attorneys to help you. Legally they can. However, the reality is that only a qualified and experienced immigration attorney with years of experience in deportation law can help you in removal/ deportation and waiver cases.The immigration attorney might have to go with you to the asylum office and help with your arguments once in front of the officer. The immigration attorney will know what office is necessary to send the petition, application or documentation. It is much more difficult that it would appear when you have Immigration related offices all over the place. Most of the time the Los Angeles immigration attorney will be able to go with you or on your behalf to the immigration facility.

 

Immigration Law is like a 10,000 piece puzzle. If the immigration attorney is  a certified specialist in immigration law, then he or she can look how one situation might affect another area of immigration law. Even if you decide not to hire an immigration attorney, the initial consultation would be a good idea. At least the immigration attorney would make you aware of the issues that present themselves and to determine the path that is best to resolve your situation. A qualified immigration and deportation lawyer can see how naturalization, residency, inadmissibility, deportability, and many other factors all work together.

If your in deportation, get a deportation attorney

 

A deportation lawyer, Brian D. Lerner, explains how just being deportable in the U.S. does not mean you cannot win your case. First, the deportation attorney explains there are two forms of Cancellation of Removal. Of course, you must be in Removal Proceedings to apply for Cancellation of Removal and cannot apply outside of Removal Proceedings. Deportation Lawyers generally state that many times  clients come into their offices claiming they have been here for  over 10 years and they want the deportation attorney to get their Green Card for them. However, it is not that easy as most deportation lawyers will know. These people have the misunderstanding that they only need to be here 10 years and magically they will qualify for the  Green Card. The deportation attorney also states that many times people who already have their Green Cards (or Lawful Permanent Residency), that they cannot be kicked out of the U.S. or deported. That is not further from the truth explains deportation lawyers. In fact there are multiple grounds of inadmissibility explains the deportation attorney . Brian D. Lerner, deportation lawyer further explains that by having the Green Card, you still fall under multiple provisions of the Immigration and Nationality act and you can absolutely be removed from the United States and deported with your status and Green Card taken away from you.

 

Additionally, deportation attorneys gets many clients that say they committed a crime, but they served their time and therefore is it not double jeopardy and/or a violation of their constitutional rights to be put into deportation / removal proceedings for the same crime. Brian D. Lerner, deportation lawyer states unequivocally that it is not a violation of your due process rights and it is not double jeopardy to be deported or put into immigration court for that same crime. Deportation lawyers explains that it is the criminal law that controls when you get or do the crime. However, U.S. immigration law controls once you are released from prison or once you have plead and have the conviction explains deportation attorneys. Therefore, the deportation attorney  explains that you might have had your Green Card for 10-15 years and have committed a crime which lands you in deportation proceedings. You can then be deported back to your country for that crime.

 

Thus, the Law Offices of Brian D. Lerner, deportation attorney explains how it is possible to beat the deportation and keep your Green Card. There is what is known as Cancellation of Removal for Lawful Permanent Residents. If you have your Green Card and commit or have committed a crime, then you might fall under the provisions of Cancellation of Removal for Lawful Permanent Residents. What are the requirements inquires the deportation lawyer? The deportation attorney , Brian D. Lerner, explains that first you need to have the Green Card for about 7 years. Next, you must not have committed an aggravated felony and finally it is within the discretion of the Immigration Judge whether to grant or not grant this petition.

 

Watch a video of Brian D. Lerner, deportation lawyer explaining how to win a Cancellation of Removal Case

 

The second issue is of notable concern. The deportation attorney explains that there are many types of crimes that fall under the ambit of being an aggravated felony. In fact, if you are about to plead guilty to a particular crime, you might very well want to visit a deportation attorney to get a criminal evaluation to work with the criminal attorney to plead to something that might minimize your immigration consequences and/or make it so you are not an aggravated felon. Brian D. Lerner, deportation attorney, will then argue how the crime is not an aggravated felony and then proceed to prepare what is necessary to represent you in your removal proceeding. Remember, this form of Cancellation of Removal is only for persons who have their Green Cards, not those here illegally.  Thus, deportation lawyers explains that it is a matter of preparing a very detailed and generally large petition for Cancellation of Removal for Lawful Permanent Residents. This will include all kinds of hardship, equities, declarations, exhibits and other matters to show why the Immigration Judge should grant the Cancellation of Removal. The deportation attorney los Angeles explains how if the Cancellation of Removal for Lawful Permanent Residents is granted, then you will retain and keep your Green Card. It is basically like a get out of jail free card from the Monopoly game.

 

Brian D. Lerner, deportation lawyer goes on to state that at the trial, he will call witnesses and sometimes get expert testimony on different areas of the case. Brian Lerner, deportation attorney  will then also get a psychological hardship report for the different family members. Sometimes, deportation attorneys will get evidence to show rehabilitation, volunteer work, family ties and other equities so the Immigration will agree to give the person their Green Cards and to be able to stay in the United States.

 

Thus, while people may think the moment they get into deportation proceedings is the end of the road, it is not. Deportation attorneys show how experience and putting together a good case can get somebody to stay in the U.S. even after being ordered removable, after committing a crime and after serving time. It is the view of Brian D. Lerner, deportation attorney, to vigorously represent his clients. He believes that the criminal client already served their time and understands that many people do ‘dumb’ things when they were young. Also, many people are in the wrong place at the wrong time and afraid to fight the legal system or simply don’t have the money to defend. Deportation lawyers makes clear that many clients have been in the U.S. for many years and have families and nothing back in their home countries. Brian D. Lerner, deportation lawyer, explains that it would tear the family apart, hurt the children, make a past mistake ruin the current life. Therefore, it is critical that you not give up. Fight your case and get a good deportation Attorney.

The Notice to Appear and Removal Proceedings

Deportation and the Notice to Appear

I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated.

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required: In removal proceedings under section 240, written notice (in this section referred to as a ‘notice to appear’) shall be given in person to the foreign national (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing.

It must specify the following:
“(A) The nature of the proceedings against the alien.
“(B) The legal authority under which the proceedings are conducted.
“(C) The acts or conduct alleged to be in violation of law.
“(D) The charges against the alien and the statutory provisions alleged to have been violated.
“(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel
“(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings.

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.

Committed a crime? Maybe you should not be deported due to retroactivity.

Military Naturalization. How to become a U.S. Citizen.

In the Military? See if you qualify to become a U.S. Citizen.

I’m in the Military. Can I naturalize?

Question: I’m in the military and I know somebody who was in the military years ago. Can we become U.S. Citizens?

Answer: Members and certain veterans of the U.S. armed forces may be eligible for naturalization through their military service under a couple of different sections of the Immigration and Nationality Act (INA). Additionally, the INA provides for posthumous naturalization if that particular person in the military has died.

Question: What branches of the armed services will qualify for military naturalization?

Answer: Qualifying military service is generally in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve. The general requirements for naturalization may be diminished or waived for qualifying service member.

Question: I am still in the military and have served for two years. What do I qualify for under the INA?

Answer: You may qualify for naturalization through serving at least one year of qualifying service during “Peacetime”. Of course, if you have served during a time of designated hostilities, you may qualify for the other provision of military naturalization which waives even more provisions to allow you to become a U.S. Citizen. However, under the peacetime provisions, a person who has served honorably in the U.S. armed forces at any time may be eligible to apply for naturalization. The military community sometimes refers to this as “peacetime naturalization.”

Question: What are the requirements for ‘peacetime naturalization’ for somebody in the military?

Answer: You must be age 18 or older, have served honorably in the U.S. armed forces for at least 1 year and, if separated from the U.S. armed forces, have been separated honorably; be a permanent resident at the time of examination on the naturalization application; be able to read, write, and speak basic English; Have a knowledge of U.S. history and government (civics); Have been a person of good moral character during all relevant periods under the law; and have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law.

Question: What about the residency and physical presence requirements? I have been serving outside the U.S for my tour of duty and do not have physical presence requirement.

Answer: If you are filing this naturalization application under the peacetime provisions, and you are still serving or have been honorably discharged no more than 6 months ago, you are not required to meet the residence and physical presence requirements. Otherwise, you are required to meet those provisions.

Question: What about my friend who served years ago, but was serving in a period of hostility?

Answer: Generally, members of the U.S. armed forces who serve honorably for any period of time (even 1 day) during specifically designated periods of hostilities are eligible for naturalization under this provision of the Immigration and Nationality Act.
Question: What are the requirements for naturalization for people who served under a period of hostility?

Answer: In general, an applicant for naturalization under this provision must have served honorably in active-duty status or as a member of the Selected Reserve of the Ready Reserve, for any amount of time during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably.

Question: My friend was never a lawful permanent resident. Is that a requirement?

Answer: Generally, the answer is yes. However, your friend would not be required to have been a resident if that person has been physically present in the United States or certain territories at the time of enlistment or induction (regardless of whether that person was admitted as a permanent resident).

Question: Does a person under this section have be a certain age?

Answer: There is no minimum age requirement for an applicant under this section.

Question: What are the designated periods of hostility?

Answer: The designated periods of hostilities are: April 6, 1917 to November 11, 1918; September 1, 1939 to December 31, 1946; June 25, 1950 to July 1, 1955; February 28, 1961 to October 15, 1978
August 2, 1990 to April 11, 1991; September 11, 2001 until the present. Therefore, any military personnel serving anytime from September 11, 2001 until now can apply under this provision of naturalization during hostilities if they qualify.

Question: What about if the person died while serving in the military?

Answer: There is what is known as Posthumous Citizenship for Military Members. Generally, individuals who served honorably in the U.S. armed forces and who died as a result of injury or disease incurred while serving in an active duty status during specified periods of military hostilities, as listed above, may be eligible for posthumous citizenship.

This application must be filed within 2 years of his or her death. If approved, a Certificate of Citizenship will be issued in the name of the deceased veteran establishing posthumously that he or she was a U.S. citizen on the date of his or her death.

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