I have fiance who is blacklisted in Philippine Immigration because of his case in US which is Child Molestation on 3rd degree. His case was closed last 2011 and to clear his name we need a paper to prove that his case is closed and done with it.
The Clerk of Court is the record keeper of all documents filed with the court. Go to the Clerk of Court in the area where your fiancé's case was prosecuted and order a "certified disposition." The clerk should issue you a document that states what the outcome was in his case and it will be accompanied with a seal which is a certification of the authenticity of the document. The Clerk will charge a small fee to order the certified disposition.See question
I have not yet been indicted in a federal case and my attorney recently told me I have 48 hours to let him know if I will give my full cooperation and or disclosure.
Negotiations in federal court are very different from negotiations in state court. In state court, a prosecutor and defense attorney typically will agree on a specific sentence and you will only enter the plea if the judge is going to accept that negotiated sentence. In Federal court, the negotiations between the Assistant U.S. Attorney and the defense attorney usually involve what charge the person will plead to, but the sentence is left to the Federal Judge to determine at the time of sentencing. The Assistant U.S. Attorney may agree to make certain recommendations to the judge about what is appropriate, but federal judges will rarely accept a plea of guilty with a negotiated sentence.
In the Federal system, the judge must consider federal sentencing guidelines and give great deference to those guidelines. The guidelines are prepared by a probation officer. Not the U.S. Attorney's Office. So negotations with the U.S. Attorney's Office usually entail discussing what charges you would plead guilty to (which could reduce the maximum sentence the judge can sentence you to as well as the guidelines), and waiving any minimum mandatory sentences that may apply. Cooperation with the federal government may also reduce your guidelines. Listen to your lawyer. The Federal Sentencing Guidelines are extremely complex.See question
in 2009 , plead guilty to selling alcohol to a minor. paid fines and no probation.(as i remember) In 2010 was arrested for Battery (DV) and Felony(Violation of restraining order) but both were dropped by the same girl whom file them. Got Nolle Pr...
I have a different perspective to answer your question. A sealed or expunged record may become a big headache for you during the immigration process. You usually have the burden of proof during the immigration process and federal law does not recognize sealings or expunctions for immigration purposes. This means that you will have to reveal prior arrests and convictions during any immigration process and you will have the burden to provide certified records, related to those arrests and/or convictions. The sealing or expunction would do you no good for immigration purposes and could cause some serious delays and/or hardships during the immigration process. Although every case and every person is unique, I generally advise my immigration clients to wait until they become a U.S. Citizen before seeking to have their records sealed or expunged. I suggest you contact an immigration lawyer about these issues prior to seeking any immigration benefits or seeking to seal or expunge your record.See question
My husband got arrested this past Thursday he has an immigration hold , but hasn't had court until tomorrow. What can I do for him not to be deported? We have been married for almost two years and have a nine month old baby. He is been charged for...
Your husband may be facing serious criminal consequences and serious immigration consequences. The two systems are seperate, however there is crossover. Make sure that you retain an attorney in criminal field who understands immigration law. For example, it may be beneficial to post bond in the criminal case to force ICE to execute the detainer on immigration hold so you can seek a bond on the immigration case. However, your husband may be subject to mandatory detention and not entitiled to bond on the immigration case, so you would not want to waste your money on the criminal bond. Any plea to the criminal charge could have long lasting negative effects on his immigration status. A criminal defense attorney who understands immigration law, or who consults with an immigration attorney, may be able to fashion a plea, or create a defense, that alleviates the potential negative immigration consequences. Even entering into a pretrial diversion program could have negative consequences if he makes admissions in the diversion agreement paperwork. Make sure an experienced criminal and immigration lawyer review the case before he enters into any agreement.See question
my wife is a u.s. citizen and so is my new born daughter and i recently got my case dismissed and warrant quashed and we are filing paper work for me real soon and just want to know if im facing any future problems. I AM I FIRST TIME OFFENDER.
When applying for citizenship, the government will look at the last 5 years of your life to determine whether you have "good moral character." Good moral character is defined in the Immigration and Nationality Act, case law, and administrative memorandums. Certain criminal offenses can preclude a finding of good moral character. Even if the case was dismissed, if the government (USCIS) determines that you made an admission under the law to the elements of the offense, they can make a determination that you lack good moral character under the law. Also, certain dismissed cases could be considered convictions or admissions under immigration law that could make you deportable under the law. Anytime you have a prior criminal case and are applying for benefits with USCIS, you should consult with an immigration attorney to determine whether that criminal case will have negative immigration consequences.See question
i married to this woman so she can get the green card later it turned into mutual love , but we never lived together later she got temp resident allien card 4 months later I dropped my pettion for her and i admitted to CIS it w...
Marriage fraud is a federal crime taken very seriously by both ICE (Immigration and Customs Enforcement) and the U.S. Attorney's Office (Federal prosecutors). The U.S. Attorney's Office can go after both the non-U.S. Citizen and the U.S. Citizen. Marriage fraud can also have serious immigration consequences for the non-U.S. Citizen. Before talking to any law enforcement, immigration enforcement agents , or other government agents, you should consult with an attorney who practices both criminal and immigration law.See question
Also what would they need to do in order to apply ?
When a person applies for Citizenship, USCIS will look at whether that person is "admissible" and/or "deportable." They will also look at the last five years to determine whether the applicant has "good moral character." A criminal conviction, even a withhold of adjudication, can have significant consequences in the naturalization process. No matter how minor the conviction, nor how long ago it happened, you should consult with an attorney that is experienced in both immigration law and criminal law to determine 1) whether you are eligible to naturalize, 2) whether the prior record is a bar to "good moral character", and 3) whether USCIS would be able to issue a Notice to Appear to start a deportation proceeding based on the prior conviction. That attorney should also be able to determine whether it is in your best interests to go back and attack the criminal conviction. If you were not advised of the immigration consequences at the time of your plea, you may be able to challenge the conviction.See question
I was arrested on 2008 for reckless driving i went to my court date jug gave me a fine to paid and i have to do 8 hour of agressive driving school program . Time pass 2009 y forgot about it they send me a lettler to pay the fine i did paid in ...
As an attorney who practices both criminal and immigration law, I will try to answer your question as it relates to both areas of law. To become a U.S. citizen, among other criteria, you must establish that you have "good moral character" for the last five years, or for the last three years if your citizenship petition is based on a marriage to a U.S. citizen. Some criminal convictions will be an absolute bar to citizenship. Others will simply be factored into the totality of the circumstances by the immigration officer. A reckless driving conviction, or withhold, will not result in an automatic bar to citizenship. It will, however, be taken into consideration, during the three or five year period, along with all other factors. Because this case arose within five years, and because it may not be disposed of yet, you should consult an attorney who practices both criminal and immigration law. The first thing you should do is go to your local clerk of court office and obtain all of the records in your file relating to the reckless driving case. Next, you should contact an immigration attorney and have that attorney review the criminal records and your immigration factors to determine whether you are eligible for naturalization based on all of the criteria and how to best resolve the criminal case, if not already resolved.See question