THE PROBLEM
Many of our clients have had problems in the past, or
bad friends and ended up in a criminal situation for one reason or another.
Many others call us because they were caught in a compromising situation
and did not want to spend money (big mistake!!) or couldn't afford a good
criminal attorney. They were offered a deal by the prosecution and took
the 'deal' because they could not or would not take the risk of going
to trial and prove their innocence. Many tell us they were afraid of receiving
a large sentence had they lost, so they pled guilty even if they were
innocent.
At this point, the rubber meets the road, as they say,
because that problem in your past could keep you out of the United States.
Let's start with a bit of great FREE advice. Do not leave the country
unless you have consulted a lawyer. People do not realize that even if
they have a Green Card, they are making a new request for admission every
time they re-enter the U.S. Many people call us from all over the world
and inform us that they took a quick trip outside the country but can
no longer re-enter. We think of it as a revolving door that only turns
in one direction.
You have to understand that your future is really controlled
by the border officer. Some border officers know the law very well and
others barely know it at all. As a result, if someone 'feels' that your
offense should keep you out of the country, even if they are wrong, you
will be in a mess. We have had callers banned from the U.S. for a single
offense of theft under $30 or a minor offense when they were 16! Resolving
this through the Embassies takes forever. Moreover, we have had cases
where no person was hired to read waivers for months at a time, while
our client's life was on hold. What is the message here? Plan the problem
and the future with the help of an attorney before it's too late. There
are things you don't know that will hurt you. Many people have a lot to
lose. A waiver (a legal document, that, in effect, asks the government
to forgive your offense and let you enter/remain) can take a year and
a half to be decided if you're stuck outside the country (there are ways
of speeding that up ---to even 3 weeks------ask us if you qualify).
THE SOLUTION
In some cases, you need major solutions. In some cases,
your offenses cannot be easily fixed without a high-risk waiver. We do
not like to take your money if we feel that you do not have a good chance
of winning. We usually take on 1 in 20 callers as clients. Your first
question to us should be whether we can create a waiver for you. Go to
our comprehensive article on waivers and educate yourself on us.....if
you feel you fit, call us. However, sometimes a waiver will present risks
you do not want. What do you do then?
In this case, we would have you consult a criminal lawyer.
Why? In certain instances you may have to do one of 2 things:
1.
Have a felony reduced to a misdemeanor
2.
Have a misdemeanor or felony vacated. Read on for an explanation. Expungements
aren't going to do anything for you in immigration.
Sometimes the best thing to do with a crime is simply
have it removed from your record as if it didn't exist. Not everyone qualifies
for this remedy and it is expensive (you are being warned!).
However, if you can have your record cleaned up as if it did not occur,
the offense can give you that second chance you are looking for in immigration
as well as in life, jobs, family, children, and so on. There exist caselaw
support.
Call us at 1-800-825-7416 and let's
discuss your situation to determine whether you qualify.