Skip to main content

I am an immigrant and I have been arrested. What do I need to do now?

Being arrested can be an extremely stressful ordeal, especially when you are concerned about possible deportation.  It is important that if you have found yourself being arrested and charged with a criminal offense that you remember these important steps.

Step One:  During the Arrest.  It is very important that when you are facing arrest that you do not give a false name.  Giving a false name to law enforcement is a crime.  It is also important not to give any false documentation to the police as well.   When you are brought to the police station, they will fingerprint you and they will find out your identity, hence it is important to be truthful.  
Step Two:  Consult a Criminal Law Attorney.  It is important to have representation during the criminal process.  It is important because all sentencing is heightened in the process of immigration.   It is very important to consult with an experienced criminal law attorney to represent you because of the consequences that your potential conviction can hold in your immigration process.
Step Three:  Consult with an Immigration Attorney.  In 2010, the United States Supreme Court ruled in Padilla v. Kentucky that criminal law attorneys must advise non-citizens of the risks of being deported when they face criminal charges.  With that being stated, many criminal law attorneys are not experienced in the immigration field.  Therefore, when you consult with a criminal law attorney, it is important that you share your immigration attorney’s information immediately with your criminal law attorney.
Being charged with a crime doesn’t mean automatic deportation, but remember, naturalization is the only blanket of protection against deportation.  It is important that you know your rights as a non-citizen to effective counsel.
If you find yourself in a criminal proceeding and you are unrepresented by immigration counsel, it is important to call an immigration attorney immediately to preserve your status.  I am an experienced immigration attorney with advanced knowledge of the immigration process and how criminal charges come into play when filing for your citizenship.

Call me today for a free consultation regarding preserving your rights and status if you are facing criminal proceedings!

Tia Smith, Esquire
Daniels & Smith, LLC

(404) 719-5135

Comments

Popular posts from this blog

  My employer brought me to the United States on an employment based visa, and now I want to transfer to a new company. Can I change jobs without it affecting my immigration status

My employer brought me to the United States on an employment based visa, and now I want to transfer to a new company. Can I change jobs without it affecting my immigration status?




Every fiscal year, thousands of individuals are granted visas to enter into the United States for employment. Various employers seeking to employ a wide range of individuals, from highly specialized and skilled workers, religious workers, or international entertainers, submit petitions to the U.S. Citizenship and Immigration Services to secure domestic employment opportunities for some of their most talented international employees. However, there are instances when a foreign national employee may seek to change jobs after working in the U.S. for a specific employer.So, what happens if an employee seeks to move their talent to a new employer? And is it possible to do so?
In short, it is possible to change employers. Additionally, it is possible to change employers even after an employer has petitioned fo…

I am an abused spouse and I want to get away but how will this affect my immigration status?

Many individuals who migrate to the United States, including men, come here only to find out that their dream of freedom is not so near.  Every day, immigrant spouses are abused and mistreated.  Many feel they need to stay in the relationship because they feel they have no other option.  They think that their only way to preserve their immigration status, without being deported, is to stay with the spouse that is sponsoring them. This is not the case.  I am here to tell you that you DO have options.   Here are my Safety Steps for Freedom from violence and protection of your immigration status.
Step Number One:  Document the abuse.  Take photos and store them in a safe location that is not accessible to your spouse.  If you have a cloud storage drive such as Google Drive, Box or One Drive, store your photos there away from your abuser.  Document what prompted the abusive situation and be as thorough as you possibly can with your descriptions.  There is no requirement to report the abus…