Articles Posted in Immigration

Retail fraud is classified as a crime involving moral turpitude under United States immigration law. As a permanent resident in the United States, when you have a conviction of retail fraud, your immigration status will possibly be impacted in three aspects with that conviction. First, you may be deportable.  Second, you may be inadmissible at the time of return after travelling overseas. Third, the conviction can affect your application for naturalization.

Deportability

Whether you are deportable with a retail fraud conviction depends on the maximum sentence carried under the status you are convicted and also upon how long you have been a permanent resident. If the retail fraud occurs within 5 years of your admission to the US, and the statute which you are convicted of carries a maximum sentence of one year or longer, you are deportable.

Given that we are a nation of immigrations, why is there so much hostility towards immigrants in the United States?  Immigrants are, by and large, hard working, family oriented, God fearing persons who seek liberty and opportunity. The inclusion of immigrants into our society creates jobs, raises revenue through taxation, and adds to the diversity that has made out nation great.   The harassment of immigrants  will trickle down to the erosion of our own freedoms – if an immigrant can be stopped randomly to ascertain if they are legal or illegal, how long will it be before it is generally accepted that any person can be stopped by the police and questioned without reason?  Will I be stopped because I look like an illegal alien?  After all, do immigrants really look different than a noncitizen?  If the immigrant is not distinguishable, are we all subject to detention – or is it only the persons that look Hispanic, Arabic, Asian, or African?  Does prejudice become in vogue because we label it as something else that sounds less offensive, such as extreme vetting, protecting people from terror, or protecting American workers?

 Why can’t a politician be honest about his or her views concerning immigration, rather than try to be on both sides of the fence.  A politician that tries to offend no one is repugnant to the sensibilities of everyone.  Why is the immigration that has brought so much benefit to our country all of a sudden seen as the main source of joblessness, terrorism, and a strain on our hospitals, schools, and the public welfare when it wasn’t seen as that before 9/11 or Trump?  Immigrants are probably the hardest working sector of our society, often willing to engage in undesirable, labor intensive work to provide for their families for little pay and no thanks.  Why do we fear what benefits us as a whole?
These are the politics of immigrant stranger danger in which a lie gains credibility through repetition and fear, and we view the world as a simplistic cliche in which immigration is the scapegoat for all of our problems. Contrary to the cliche – immigrants create more jobs than they take. Immigrants are not terrorists – they are not worse than the general population.  Accepting the lie of immigration stranger danger does not make us any safer or more solvent as a nation – it just distracts us from the real issues and lead us to the stagnation of the American culture, economy, and freedom.

The following is a sample of some (but possibly not all) of the potential questions that may be asked during an asylum interview, or during a trial concerning asylum or withholding of removal. Some of these questions may not be asked due to relevancy as it relates to your particular matter. This list is not meant to act or serve as the substitute for the advice and legal representation of an experienced immigration lawyer that is familiar with the facts and circumstances regarding your case.  For outstanding asylum representation, hire Hilf & Hilf, PLC as your lawyer.

1.       Your complete name

a.       Your current address

There are several provisions in US Immigration Law that allows foreigners to attend school in the United States.  For help with any immigration related issue you should retain the immigration experts at Hilf & Hilf, PLC:

F-1 Student requirements:

1) Pursue a full course of study (with some exceptions) at an established private elementary school, private high school, university, college, community college, seminary, conservatory, or other academic institution or a language training program in the United States.  The school must be SEVIS approved;

A person (respondent) placed in removal proceedings at Immigration Court have several important rights which he or she can exercise.

1.  Right to Retained Immigration Counsel – Pursuant to INA section 239(a)(1)(E) and INA section 240(b)(4)(A) the respondent has the right to retain an immigration attorney to defend the case.  Unlike criminal courts, there is no right to court appointed lawyers for people that are poor.  The immigration lawyer must competently represent the individual according to cases that have interpreted the 5th Amendment to the United States Constitution.  In expedited removal proceedings the right to counsel is limited to the extent that the representation does not delay the process.  An individual that represents themselves, even if he or she cannot afford to hire an immigration attorney, cannot successfully argue ineffective assistance of counsel.  Whoever self represents bears the risk and the responsibility for that decision.  It is important to retain legal counsel for any type of removal proceeding.  A great suggestion is to retain the law firm of Hilf & Hilf, PLC for effective legal representation.
2.  Notification of Legal Services – an individual (respondent) has the right to be given a list of available legal services that are updated quarterly.  It is important to note that there is no guarantee that a particular legal service will accept the individual’s case, or the services that are provided, if any, will rise to the level of a competent, licensed immigration attorney.  More often than not, you get the value of what you pay.

Victims of crime may become eligible for immigration benefits, such as obtaining lawful permanent residence and citizenship, through different provisions of United States Immigration Law.  To seek these provisions, if is highly recommended that you are represented by an experienced immigration lawyer, such as attorney Sufen Hilf.

1. VAWA (Violence Against Women Act), a spouse, parent, or child who is suffers extreme cruelty or battery may file a self petition for lawful permanent resident status.  This can be done without the knowledge of the abuser. Despite the name of this immigration law, it applies to both men and women
2. Cuban Adjustment Act – applies to abused spouses of Cubans

Top 5 Ways People Get Placed into Immigration Removal Proceedings:
Lately, there is a lot of concern, fear, and stress experienced by persons who are not United States citizens who are presently here illegally or without status.  Politics, economics, news events, fear, and public opinion all shape the perceptions that fuel the actions of the government in the approach the government takes with immigration issues..  There are a large number of people who live in the shadows based upon our current political environment.
1.   Arrest for criminal allegation – law enforcement will sometimes let ICE know if it has arrested a person who is not a citizen.  More and more law enforcement agencies have computer systems that link directly with with ICE.  Many States have taken away the ability of immigrants without legal status from obtaining drivers licenses, which sometimes results in arrests for petty offenses such as driving on a suspended license or driving without a license.

When removal proceedings commence, the success of your immigration attorney may be determined by Motions filed on your behalf.  The following is a list of potential pre-hearing motions to consider, however some or all of the following Motions may not be applicable to your particular case.  With regard to any Immigration Court proceeding your best bet is to hire an experienced lawyer, such as Attorney Sufen Hilf.
Motion to Extend Time to Submit Documents, Applications, Briefs, etc. – The Immigration Court will want an affidavit of counsel, or other proof of the reason to grant the extension.  This may be necessary if a new immigration attorney has substituted in to address issues neglected by prior legal counsel, or to supplement the case because new information became available.  Delay is sometimes necessary to give the respondent more time for another avenue of immigration relief to open.
Motion to Continue the Hearing Date – a good reason must be provided to the Immigration Court for the continuance.  As stated above, sometimes delay is necessary to give more time for another avenue of relief to open, or simply to allow the respondent more time to stay in the United States.

In this blog are sample EB-5 Investor Questions for Regional Centers.  This blog is NOT intended to serve as a substitute for seeking the assistance of legal counsel.  There may be additional questions that are necessary depending upon your own personal circumstances, and circumstances involving the particular Regional Center.   It is highly recommended that any foreign investor seeking a green card through the EB-5 program seek legal representation from an experienced immigration lawyer, such as the attorneys at Hilf & Hilf, PLC.
SAMPLE EB-5 Regional Center Questions

1) What current projects are available?

The following are summaries of different types of Immigration relief from removal that are discretionary, and is not intended to serve as the substitute from seeking the advice of a competent immigration lawyer, such as the attorneys at Hilf & Hilf, PLC.

If during Immigration proceedings an alien is found to be removable, he or she can request different forms of discretionary relief.  The alien has the burden of proving that he or she is eligible to receive the requested form of relief under United States law, and that a hearing officer or Immigration Judge should exercise his or her discretion to grant the requested relief.
Voluntary Departure – Voluntary departure is different from simply leaving the United States.  One way of receiving voluntary departure is to make an agreement with Immigration and Customs Enforcement (ICE) prior to removal proceedings.  A second option for voluntary departure involves going to the Court and requesting voluntary departure.  The Court request can be made at anytime during the deportation proceedings.  If the Court grants the relief, the alien is asked: to confirm that this is what he or she wants to do; if the alien has any arrests and criminal convictions;whether previously the alien has been removed before or voluntarily departed before; whether or not the alien has a passport; whether or not the alien has the financial ability to pay for transportation from the United States; the date that the departure will occur (it has to be within 120 days).  Voluntary departure will not be granted to person that are deportable as an aggravated felon or as a terrorist.
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