Miami Immigration Lawyer / Attorney

Criminal Immigration Offenses

Criminal immigration offenses are federal in nature and are therefore prosecuted in federal district courts. Some common immigration offenses are:

• improper entry by aliens - 8 USC 1325
• reentry of removed or deported aliens - 8 USC 1326
• bringing in or harboring illegal aliens (alien smuggling) - 8 USC 1324
• passport/visa fraud and misuse of visas/permits - 18 USC 1546
• fraud and false statements - 18 USC 1001
• false personification of US citizen - 18 USC 911
• fraud and false statements-ID documents - 18 USC 1028

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.

TEXT MESSAGE

David M. Edelstein, PA
Florida Attorney

TOLL FREE
(877) 321-4545

MIAMI
(305) 538-4545
FORT LAUDERDALE
(954) 414-4132
WEST PALM BEACH
(561) 209-1677
MELBOURNE
(877) 321-4545
NAPLES
(239) 963-2900
FORT MYERS
(239) 963-2900
PUNTA GORDA
(941) 296-0654
PORT CHARLOTTE
(941) 296-0654
SARASOTA
(941) 296-0654
TAMPA
(813) 434-4125
ORLANDO
(407) 956-4365 JACKSONVILLE
(904) 402-8500

OTHER PRACTICE AREAS


Miami Immigration Lawyer
Miami Personal Injury Lawyer
Miami Divorce Lawyer
Miami Bankruptcy Lawyer
Miami Malpractice Lawyer
Miami Workers Comp Lawyer