Thursday, December 12, 2013



Entrusting someone with your case requires a lot of faith especially when you give a large retainer. It is important to remember that anytime something is filed with Immigration, a receipt notice is issued. If you don't receive a receipt notice, you can almost guarantee under most circumstances that your case has not been filed or the immigration services have misplaced  your file. There are several things to consider when hiring an Attorney, legal document preparer or freelance paralegal. The best way to ensure that your case has been properly filed with the USCIS is to give a personal check for the filing fee. If you write a personal check and you don't receive a filing fee, you can call your bank and request a copy of the back of the check (if cashed) and the USCIS will imprint the receipt notice and you can track your case. If your check is not cashed then you also know that nothing has happened on your case and may just be sitting around, which will not only cost  you time but stress for your family while your loved one remains without legal status. Receipt notices are issued to demonstrate that your case has been properly filed with the USCIS. Within the receipt notice will be a receipt number. This number is used to track your case as it progresses through the USCIS. You can go to www.uscis.gov and register your receipt number and get automatic updates on your case as it progresses through the different stages to reach a final decision. If you do not have internet access  you can also call the USCIS customer service at 1-800-375-5283. It is always better to be informed.

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Sunday, December 8, 2013


I have been arrested what do I do now?

The most important consideration that should be made in any circumstance of an arrest is, how will this affect me in the future? What happens when you are arrested for driving without a license or your 2nd DUI? For a United States citizen this may mean prison, probation, fine, fees, etc. For an immigrant, this can mean so much more and how you respond is going to greatly affect your life here in the United States. As a legal document preparer I would suggest that anytime you are in any other status except a naturalized citizen, you should ALWAYS consult with a qualified Attorney. If you have a criminal issue and you are an immigrant you will need both a criminal Attorney as well as an Immigration Attorney. Be leery of those that are in general practice and dabble in many times of law as their focus isn't on anything specific. This Attorney may be very good in criminal law and might advise you to accept a sentence where you receive 365 days suspended, but this could adversely affect your immigration case. It is always good to remember that any arrest can possibly hinder or even result in your removal from the United States. Immigration specifies crimes that are characterized as "CIMT" or crimes involving moral turpitude as those that can render you deportable especially if they are aggravated. There are some states such as in Florida where the first DUI might be a misdemeanor and the 2nd might be listed as a felony with a mandatory sentence of 2 years and then the third will likely result in more of a sentence of classification. Now, because it is a crime involving a "motor vehicle" it MAY not be considered an aggravated felony (in the state of Florida) but the sentence imposed for such may be considered a deportable defense due to the combined sentences. Review http://www.nlada.org/DMS/Documents/1068321140.08/Flachart.pdf but only as a reference.

You can see how this this is very confusing and should be handled by a qualified Attorney because failure to do so may result in your removal from the United States. Please comment and let me know your thoughts. Thanks for reading