Criminal immigration offenses are federal in nature and are therefore prosecuted in federal district courts. Some common immigration offenses are:
Criminal immigration offenses should not be confused with deportation and/or removal proceedings which are explained below. If you or a loved one has been arrested for an criminal immigration offense, contact Mr. Edelstein today for a FREE CONSULTATION.
U.S. Immigration Law provides for specific procedures through which a foreign person may enter and be present in the United States. Ideally, entry into the United States by a foreigner is made with visas or other immigration documents which grant specific permission for the person to enter the United States and remain for a certain time and purpose.. If a person enters or remains in the United States unlawfully she may face removal proceedings.
Removal hearings are conducted to determine whether certain foreigners are subject to removal from the country. Previously there were separate proceedings to determine whether someone was unlawfully trying to enter the U.S (exclusion proceedings) than for those present in the United States who had violated any number of immigration or criminal laws (deportation proceedings). Generally the distinction from these two proceedings has been eliminated and there is one proceeding called the removal proceeding.
Persons who have made a valid entry into the United States and have subsequently violated their status, as well as persons who entered unlawfully and are later apprehended by the U.S. Immigration Service, are subject to removal proceedings.
The Department of Homeland Security, which took over the function of the former Immigration and Naturalization Service, can then issue a Notice to Appear which schedules a hearing before an Immigration Judge. If an individual is in custody he or she may either be released or detained, depending upon family ties, the nature of the problem, and the likelihood that the person will appear before the Immigration Judge.
A variety of forms of relief from removal are available, including cancellation of removal, political asylum, voluntary departure, adjustment of status and other technical and administrative grounds of relief.
If a person is placed into removal proceedings and/or has questions about his or her immigration status, it is imperative that they retain competent legal counsel since their future ability to remain or return to the United States is at risk.
It is important to remember that only licensed immigration attorneys can provide legal assistance. Notary Publics and other non-attorneys are not authorized to practice before an Immigration Judge.
If you or a loved one is facing deportation or removal and are in need of an immigration attorney , contact Mr. Edelstein today for a FREE CONSULTATION.
The hiring of a immigration attorney in Florida is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a immigration lawyer / client relationship.
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