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Matthew H Green
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Matthew Green’s Answers

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  • If a illiegal immigrant got deported but all her kids where born in the united states ..what can we do about this ?

    the mother wants to go back to the USA because one f her child's missed 2 years of school cause in Mexico they wont accept her in school and other problems with her other children

    Matthew’s Answer

    Although it is true that, in order for mother to get a green card through her child, the kid must be 21 years old, there may be other options, depending on 1) how long the mother had lived in the U.S. before she was removed, 2) whether her removal was based on a formal order of deportation or a voluntary departure, 3) whether any other family members had ever submitted a petition on her behalf, or listed her as a derivative beneficiary on another petition, 4) her immigration history, and 5) her criminal history. Her immigration history will be very important, including how long she has been back in Mexico at this point. The mother may be eligible for a non-immigrant visa with a 212(d)(3) waiver, which would not allow her to live in the U.S., but would allow her to visit for limited periods of time. This may be an option if the mother is interested in having other family care for the children for periods of time while they go to school in the U.S., and may allow the mother to stay with the family in the U.S. for part of those periods of time. But, again, all of this has to do with the particular circumstances of the mother, especially the length of time she's been out of the country and whether she has other--and especially--more recent immigration violations. It's not the 212(d)(3) waiver that's so difficult to get, it's the non-immigrant visa, especially if the Department of State believes that the mother has immigrant intent based on recency of removal and recent immigration violations. A consultation with an experienced immigration attorney who knows about 212(d)(3) waivers is highly recommended.

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  • Immigration question regarding ICE and the removal procedure?

    Does ICE have or hold the rights to come unannounced without written documentation or a letter sent first? Can ICE just come and pick up immigrant who is out of status and detain then deport? I-485 and I-765 were denied since March 26, 2013 and ...

    Matthew’s Answer

    The answer is yes - ICE can just come and pick up an immigrant who is status and detain that immigrant, but only if ICE has a validly issued, and served, charging document (Notice to Appear), or warrant. The likelihood of your loved one even receiving a Notice to Appear in the Executive Office for Immigration Review (EOIR or "Immigration Court") depends primarily on whether you are considered to be an "enforcement priority." The Department of Homeland Security has guidelines to determine who is an enforcement priority, and who is not. So, even if ICE is aware that someone, like the person you are concerned about, is present and without status (because of a denied I-485), there is still a good chance that nothing will happen. In the event ICE does arrive, it would be well worth it to consult with a good immigration lawyer who regularly practices in the areas of removal, bond, and detention. A good lawyer who works in these areas can help you prepare for the possibility of contact with law enforcement or immigration authorities, and can potentially make arrangements to help protect your loved one from detention and removal proceedings. For example, you should start preparing documentation that ICE would need to consider to make a release determination.

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  • What should I do after getting arrested and receiving a marijuana DUI?

    I was pulled over for speeding at 10:30 pm. I was the designated driver for my friends who had just smoked marijuana. The car smelled of smoke. Nothing was in the car. I had smoked earlier that day and my driving was certainly not impaired. I did ...

    Matthew’s Answer

    You have been charged with a "Drug DUI" pursuant to A.R.S. Sec. 28-1381(A)(1) and, most likely will be under A.R.S. Sec. 28-1381 (A)(3). And, although it's possible that you could be found guilty for having an illegal drug or metabolite in your system at the time of driving, there are many requirements that the law and the police officers' own policies and procedures demand for the evidence to be admissible and persuasive. A qualified DUI defense attorney will know how to evaluate whether there have been any procedural violations that may allow your blood test to be suppressed, which will be the most important objective in your case. Without the blood test results, the prosecution will have an extremely compromised case that may require dismissal. Furthermore, a qualified DUI defense attorney will be able to evaluate the chromatograms that are produced once your blood is tested according to a process called Headspace Gas Chromatography, and will be able to tell you what kinds of arguments can be made about potential weaknesses of the particular test in your case.

    The mandatory, minimum sentence that you would receive in this case, if found guilty of the DUI Impairment charge (A.R.S. Sec. 28-1381(A)(1)) or the DUI Drug charge (A.R.S. 28-1381(A)(3)) requires at least 24 hours in jail, a fine of over $1,500, alcohol education classes, a Mother's Against Drunk Driving class, and the requirement that you install an ignition interlock device in your vehicle for at least one year.

    Perhaps the biggest concern you may have with being charged with a Drug DUI is the potential loss of your driver's license for one year, which is the penalty that is required with a DUI Drug conviction. On the other hand, the mandatory minimum driver's license suspension for a conviction of a DUI impairment charge is 90 days, but you would most likely be eligible for a restricted driver's permit after the first 30 days.

    The DUI laws are complex, and especially so when you're dealing with a Drug DUI charge, which invloves a Drug Recognition Evaluation and a somewhat more complicated blood test. Before making any decisions about how you should resolve your case, you would be well served by consulting with an experienced and qualified DUI defense attorney.

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