Michigan Criminal Attorneys Blog

August 1, 2011

Obtaining a Green Card for your Fiance

A United States Citizen can help their alien fiance obtain lawful permanent residence in the United States. One way is to apply for a fiance visa if your fiance resides overseas and you wish to marry in the United States. If approved, your fiance can enter the United States for 90 days in order for the marriage to take place. Once the marriage occurs, your spouse is able to apply for permanent residence and remain in the United States while the matter is processed. An I-129F Form – Petition for Alien Fiance(e) – must be completed an submitted. Once approved, the matter is forwarded to the United States embassy or consulate located nearest to where the fiance lives.

Another method is to marry your fiance overseas. If this occurs a Form I-130 – Petition for Alien Relative – is submitted. In addition to this form, the United States citizen and his or her alien spouse must each complete Form G-325A which provides general biographical information. The purpose for these steps is to prevent marriage fraud.

The marriage certificate alone attached to your petition will not suffice. Other documentation are needed, such as photos, love letters, affidavits from relatives and friends attesting to the marriage, etc. For fiance petitions, it is recommended that you retain an experienced immigration lawyer, such as attorney Sufen Hilf.

July 31, 2011

Holmes Youthful Trainee Act (HYTA)

by Hilf & Hilf, PLC

In Michigan, pursuant to MCL 762.11 and MCL 762.13, individuals from the age of 17 until their 21st birthday who are convicted of a crime may be eligible for Holmes Youthful Trainee Act (HYTA) to avoid a public record of conviction. For individuals that are at least 21 years old, but you’re than 24 years old, HYTA can be obtained with the consent of the prosecutor and the Court. In this manner, the convicted individual can report to employers and colleges that they do not have a criminal record. An assignment of HYTA shall not be deemed a conviction of a crime and such person shall suffer no civil disability, right or privilege following his or her release from such status because of such assignment as a youthful trainee. The rationale behind HYTA is that young persons often have issues with immaturity and flawed judgment, and in some instances should be given a second chance so the conviction will not hurt them in the future.

All proceedings relative to the sentence imposed under HYTA are closed from public inspection. The records area available to the Courts, the Department of Corrections, the Department of Social Services, the criminal defense attorney, and law enforcement in the performance of their duties. The victim of the crime also is not precluded from receiving notice, information, and records that otherwise are closed to public inspection (see MCL 780.752a, MCL 780.781a, MCL 780.811b).

For any case in which HYTA might be applicable it is important to retain an experienced criminal defense lawyer such as attorney Daniel Hilf. This is something that should not be left to chance or second rate legal representation. It is too important.

July 29, 2011

Green Card versus Citizenship

by Hilf & Hilf, PLC

Citizenship is preferred to green card status, even though both grants an individual the right to live in the United States, and travel abroad with the ability to return. Citizenship bestows upon an individual rights that a green card holder cannot posses, such as the right to vote, to serve on a jury, and other rights that only citizens can possess. More importantly, citizenship provides an individual with peace of mind. A green card holder can lose his or her status if he or she resides outside of the United States for an extended period of time. Also, if the green card holder is convicted of, or admits to, certain crimes the green card can be taken away. Such a result often causes families great hardship. A alien who is naturalized cannot lose his or her citizenship unless the alien lied or committed fraud during the immigration process, or engage in some form of treason against the government.

In order for a green card holder to become a naturalized United States citizen there is a waiting period that must be complied with. Aliens that obtain a green card through marriage must wait 3 years in order to apply for naturalization. Aliens that otherwise obtain a green card must wait 5 years to apply for naturalization. It is important to note that not every green card holder is eligible for citizenship, and the alien should consult with an experienced immigration attorney, such as the attorneys at Hilf & Hilf, PLC, before beginning the process. Furthermore, if the alien wanting to become naturalized was previously convicted of a crime, it may be advisiable for him or her not to try to become naturalized. If the government learns of an alien’s criminal record during the naturalization process, it could lead to removal prooceedings that otherwise would have been avoided. Again, it is important to consult with an experienced immigration lawyer if there are criminal law issues that could impact the alien’s immigration status.

The alien must submit Form N-400 Application for Naturalization to begin the process. Once the application is processed the alien is scheduled for an interview.

July 28, 2011

Substance Abuse Assessments in Michigan Criminal Cases

by Hilf & Hilf, PLC

In Michigan Courts, substance abuse assessments often are ordered by Circuit Court and District Court Judges prior to sentencing a Defendant. The assements usually consist of interviews, drug testing, and diagnostic testing. The sentencing Judge is required by Michigan law to order a substance abuse assessment in drinking and driving cases. The sentencing Judge has the discretion to order a substance abuse assessment for a Defendant even if the conviction is not related to drugs or alcohol. The purpose behind the substance abuse assessment is to see whether the Defendant will benefit from rehabilitative services such as drug treatment programs, alcohol treatment programs, and educational programs as part of his or her sentence. At the time of sentencing the probation department makes a recommendation to the sentencing Judge as to a course of treatment for the Defendant, and it is the decision of the Court whether or not to adopt that recommendation.

The diagnostic testing used by the probation department include:

1. ADE Needs/Risk

July 28, 2011

Michigan Criminal Law Dictionary

by Hilf & Hilf, PLC

Adjournment – The postponing of a case or session of court until another time.

Affidavit – A written statement of fact that is verified by oath or affirmation.

Amendments to Probation Order – Probation officer petitions the court for changes to the probation order.

July 27, 2011

EB-5 Investor Program – What You Need To Know

by Hilf & Hilf, PLC

The EB-5 immigrant investor program was created by Congress to encourage foreigners to invest money in the United States in order to create jobs for United States workers. The minimum investment for the foreigner is one million dollars of at risk capitol to create a minimum of 10 jobs for United States workers. In some instances – in rural areas, or areas with high unemployment – the amount of the investment only needs to be $500,000. The investment must: meet the minimum dollar amount in terms of the investment; the investment funds must be at risk; the investment must benefit the United States economy by providing goods and service to United States markers; it must create a minimum of 10 full time jobs for United States citizens, green card holders, or individuals authorized to work in the United States (not including the investor and his or her family); and the investor must be involved in the day to day management of the buisiness or directly manage it through a formulating business policy (for example, serving as a board member, etc.).

The Regional Center Pilot Program was created to allow private entities and government entities within the United States to establish Regional Centers that provide projects for a foreigner to invest in, which are intended to create at least 10 United States worker jobs for the investment amount, in order to allow the foreigner to qualify for permanent residence in the United States. A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The aforementioned economic unit must receive regional center designation from the USCIS to operate as such.

It is highly recommended that if you wish to pursue permanent residence in the United States through the EB-5 immigrant investor program, that you hire an experienced immigration attorney, such as the attorneys at Hilf & Hilf, PLC, to represent you. The EB-5 process is extensive, complicated, and better left to an immigration law expert.

July 26, 2011

Traffic Ticket Defense

by Hilf & Hilf, PLC

If you receive a traffic ticket in Michigan, there are consequences beyond paying the scheduled fine for the offense. If the traffic ticket appears on your driving record it can impact your insurance rates, your ability to continue to drive (if you get too many points), your employment (if your employment involves driving), and the chances of getting a break from police officers, Prosecutors or City Attorneys for future traffic offenses.

The key is to have the traffic ticket not appear on your record when possible. There are a couple ways in which this can occur: you beat the allegation at a contested hearing; the officer fails to appear for the contested hearing and the matter is dismissed; OR there is a negotiated settlement of the ticket with the police officer, Prosecutor or City Attorney to resolve the matter in a way where the ticket does not get abstracted to the Michigan Secretary of State.

The best way to handle a traffic ticket is to seek the help of an experienced traffic lawyer. I recommend attorney Daniel Hilf for all traffic tickets.

July 25, 2011

PERM – the Path to a Green Card via Employer Sponsored Labor Certification Through PERM

by Hilf & Hilf, PLC

There are three basic steps in the Green Card process through Employer Sponsorship:

1. Labor Certification through the PERM process – PERM (Program Electronic Review Management) is the process for obtaining labor certification. An employer must test the United States employment market in order to demonstrate that the employer could not find any minimally qualified United States workers willing to accept an open position that is offered at a wage equal to or greater than the prevailing wage for similarly employed workers. The United States employer must first request a prevailing wage determination from the State Workforce Agency having jurisdiction over the intended area of employment. On ETA form 9089 the employer is required to provide the following: the prevailing wage; the prevailing wage tracking number (if applicable); the SOC/O*NET (OES) code; the skill level; the wage source; the occupation title; their determination date; the expiration date; the proposed wage for the alien.

Generally, the employer must prove through recruitment methods such as newspaper ads that they were not successful in their attempts to recruit a qualified United States worker for the offered position. A job order and 2 print advertisements are required for all applications for professional occupations, except applications for university or college teachers seleceted in a competative selection and recruitment process.

July 24, 2011

Obtaining Asylum in the United States

by Hilf & Hilf, PLC

A person with a well founded fear of persecution if he or she returns to their country of origin may apply for Asylum before the USCIS. Also, a person who is in removal proceedings may apply before an Immigration Judge for: Asylum, Withholding of Removal (must prove by a more likely than not standard); OR seek protection under the Convention Against Torture (must prove that you might be tortured if returned to your home country).

In order to apply for Asylum, the applicant must demonstrate that they will be persecuted if they return to their country of origin based upon their (1) political opinions, (2) religious beliefs, (3) nationality, (4) race, OR (5) membership in a particular social group. Being a member of a particular social group means possessing a personal characteristic that is unchangeable, such as being: female; homosexual; having a birth defect, etc, and not something transitory and changeable such as a hairstyle, clothing preference, etc.

The persecutor has to be either the actual government of the country, OR a group that is active within the applicant’s home country that the government either cannot or will not control. Examples of this may be hardline religious groups seeking to impose certain beliefs, drug dealers that operate violently without police intervention, etc.

July 22, 2011

Increase In Deportations

by Hilf & Hilf, PLC

The United States deported 393,000 people according to an associated press article published on July 22, 2011. Of the persons deported, half were for criminal offenses including drunk driving. The number of drunk driving related deportations have doubled since the last year of the Bush administration in 2008. 13,028 were deported last year for less serious traffic law violations, which is triple the number of persons deported two years earlier for the same conduct. This contradicts claims made by the Obama administration that they were focusing on deportation for violent offenders, and not families or individuals “looking to scrape together an income”. Under Trump, this is likely to get much worse.

The majority of the deportations last year (45,003) were for immigrants that committed drug related offenses. Drunk driving was the third leading cause of deportations last year. This number does not reflect immigrants that are currently incarcerated in jail or prison that will eventually be deported for criminal offenses.

Some of the persons considered as criminals were stopped for traffic offenses that usually only result in a ticket. The lack of a drivers license (which is a misdemeanor in Michigan), results in the police officer sometimes pursuing questions related to immigration status. These traffic offense related deportations account for 7 percent of the total criminal deportations last year. Drug offenses comprised 23 percent, and drunk driving comprised 14 percent of the criminal deportations last year.