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Immigration & Criminal Law Can Sometimes Overlap
Virginia residents who are new to the United States are often wary of dealing with law enforcement. This is understandable, but sometimes these interactions are unavoidable.
According to the law, there are instances in which law enforcement officers need a warrant to make an arrest. In others, they do not. When officers are investigating certain cases and a person who they believe might be an illegal immigrant is involved in alleged criminal activity, both criminal procedure and immigration can be involved. People in this situation should be aware of their legal rights and options.
People in the United States illegally can be arrested for it
Virginia law says that, under certain situations, law enforcement officers have the power to make arrests without a warrant. That includes State Police, sheriffs, members of a city or town police force, U.S. Coast Guard and Coast Guard reserves, members of the Capitol Police and others.
What are the options when immigrants face expedited removal?
For people who are already in the United States and are confronted with the possibility of being deported, there may be protections available.
Some are dealing with expedited removal. This means that the person can be removed and does not have the right to a hearing or review. It is important to remember that there are exceptions to expedited removal and some might be able to avoid it. They could even be allowed to remain in the United States.
Expedited removal and exceptions
The following people can be subject to expedited removal:
- People who enter the country without valid entry documents and those who enter the United States by using fraud or misrepresentation
- Those who arrived by sea without valid documents and were not admitted into the United States or paroled by immigration authorities, and cannot show they were physically in the country for a minimum of two years before they were apprehended.
Three steps for building a successful case for alimony
Your financial well-being is at stake when you go through the divorce process. If improperly handled, the property division process can leave you without the assets you need to be financially stable post-divorce, and an inadequately prepared case for spousal support can leave you without the monthly support that you need to stabilize yourself until you become self-sufficient. While you should be able to secure your fair share of the marital estate, there's no guarantee that you'll recover any sort of spousal support.
That said, there are steps that you can take to better position yourself for a successful alimony argument. Let's take a closer look at some of those steps so that you know what you need to do moving forward.
How to position yourself for a successful spousal support argument
Keep in mind that there are various types of alimony. The most common is rehabilitative in nature, meaning that its purpose is to support you until you can become self-sufficient, such as by obtaining education, training, and employment.
Regardless of the type of alimony you seek, there are some steps that you should take to position yourself for success.
Inmigración: Barreras condicionales al buen carácter moral
La determinación del buen carácter moral es una parte importante en el proceso de naturalización para quienes desean convertirse en ciudadanos estadounidenses. Esta evaluación puede ser complicada por la presencia de barreras condicionales en la ley de inmigración de los Estados Unidos.
Este proceso implica que las autoridades revisen su historial penal (enlace en inglés) para determinar si ha sido condenado por un delito que afecte su buen carácter moral y su elegibilidad para la naturalización.
Es importante señalar que existen barreras permanentes que pueden resultar en una prohibición de por vida para solicitar la naturalización. Estas barreras se aplican en casos de delitos graves y violentos, como homicidio.
Por otro lado, hay delitos menos graves que pueden generar una barrera condicional. Un ejemplo común de una barrera condicional es el manejo en estado de ebriedad. Aunque este delito puede afectar su capacidad para demostrar un buen carácter moral, no lo descalificará de por vida.
Tips for dealing with the stress of a DUI charge
Stressing out about your drunk driving charges is a normal response, especially when you're worried about the ramifications it can have on your immigration status, that doesn't make dealing with your situation any easier, but it can help you slow down and focus on the fight ahead. Although the prosecution is probably threatening significant penalties against you, and threats of deportation may come into play, take comfort knowing that most DUI cases result in either dismissed charges, acquittal, or a plea agreement that saves the accused individual from the harshest of penalties while salvaging their immigration status.
So, while you'll certainly need to devote a significant amount of time toward building your criminal defense, you'll also want to find a way to take care of yourself while your case plays out. How can you do that? We hope this post will provide some guidance in that regard.
Ways to cope with the stress of a DUI charge
Getting through your criminal case isn't going to be easy. Yet, there are steps that you can take to alleviate your stress so that you can focus on your case and protect your future. Here are some of them that you can take right now:
What are my options if I get into a car wreck on the job?
Many Virginians drive vehicles as part of their jobs. Aside from truckers, delivery drivers and other professional drivers, many others are expected to travel between worksites or to visit customers.
Whenever a worker drives for a living, there is also a chance they will get into a serious motor vehicle accident while they are on the job. These accidents could leave a person unable to work and facing major bills for medical and other expenses.
Without help, the victim and their family may have to bear these financial losses alone.
Furthermore, no one should underestimate the real cost of the pain and emotional fallout that comes in the wake of a major automobile accident.
Victims deserve compensation for these non-economic costs as well, even though they can be harder to put an exact dollar figure on.
If a person gets hurt on the job, workers' compensation may be available to help them. However, this benefit will not cover all their losses. For one, workers' compensation does not cover non-economic losses.
How might my immigration status affect child custody?
If a non-citizen living in Northern Virginia suddenly finds themselves facing a custody proceeding, they may worry that the other parent or the court may use their immigration status against them.
The good news is that immigration is not a factor Virginia courts consider when deciding custody or parenting time. This is true even if a person does not have legal authorization to be in the United States.
A person's immigration status simply does not have a bearing on the best interest of a child, which is always a Virginia court's main concern. Furthermore, a person's right to have a relationship with their child should not get set aside because of that person's citizenship or immigration status.
A person's immigration status can indirectly affect their custody rights
However, indirectly, a person's immigration status can affect custody rights and parenting time.
¿Una condición de salud puede afectar mi estado migratorio?
Cuando se trata de obtener la ciudadanía en los Estados Unidos, pueden surgir muchas dudas. Una pregunta relevante está relaionada con las condiciones de salud del inmigrante. Para ayudarle a entender un poco más los requisitos de su solicitud de naturalización, compartimos información importante acerca de las condiciones de salud y otros temas que pueden afectar su proceso.
La importancia de la salud en el proceso de naturalización
Es importante recalcar que tener una condición de salud, por sí misma, no es una barrera para obtener la naturalización en los Estados Unidos. Este proceso se enfoca en evaluar su admisibilidad de acuerdo con una serie de consideraciones. Algunas de ellas son:
- Examen médico: Este examen tiene el propósito de asegurar que el individuo no padece de enfermedades contagiosas que puedan impactar la salud pública del país de forma significativa. También se verifica si el aplicante ha recibido las vacunas requeridas.
Applying for asylum in the United States
The United States welcomes immigrants each year from all parts of the world. Some of them are seeking asylum, which means they have experienced persecution or are in fear of persecution in their country and want to stay in the United States. There are several steps they must follow.
Reasons for asylum
There are several reasons a person may seek asylum in the United States. These include being targeted based on their race, ethnicity, religious beliefs or practices, or nationality. Also, if they are persecuted based on their political beliefs, criticism of their government or association with certain groups, they may seek asylum for those reasons.
A person applying for asylum must be able to specifically demonstrate their fear of persecution, which can include physical harm, discrimination and threats.
Process overview
The person requesting asylum must be physically present in the United States and must complete an application. The application usually must be filed within one year of the applicant's arrival.
What if an immigrant is being unlawfully detained?
In recent years, immigration has been such a difficult issue to navigate that many people are nervous about their status. Even people who have done their best to follow the law wonder what might happen to them if they are investigated and arrested. Many in Virginia worry they could be detained and deported
This is not limited to people who are unfamiliar with the system. Even those who have been in contact with the Immigration and Customs Enforcement are vulnerable. Often, it might seem as if they are at the whim of ICE and are detained without legal justification.
Critics say that has been the case for three Central American men who were detained but not deported.
Three men detained
According to news reports, the three men were detained by ICE. All three were undocumented and had previous encounters with law enforcement for various reasons – driving under the influence, a traffic stop, an unspecified past conviction – but had been allowed to remain in the United States. They told the judges in their cases that they would be subject to persecution and potentially torture in their home countries if they were deported.
With offices in Herndon, Virginia and Annapolis, Maryland, Immigration Legal Advisors, PLLC provides legal help to clients in the areas surrounding Washington, D.C., including Frederick, Leesburg, Ashburn, McNair, Stone Ridge, Reston, Chantilly, Germantown, Woodbridge, Potomac, Gaithersburg, Rockville, McLean, Falls Church, Manassas, Arlington, Alexandria, Bethesda, Chevy Chase, Silver Spring, Hyattsville, College Park, Greater Landover, Bowie, and Millersville.
Results listed are not a guarantee or indication of future case results.
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1037 Sterling Rd., Suite 201, Herndon, VA 20170
571-441-2233
