Immigration and Criminal Law / Detainees Archives - Page 5 of 8

10 08, 2015

“Special Immigrant Juvenile Status”: Green Cards for Undocumented or Out of Status Children

By Richard Hanus|2015-08-10T11:18:49-05:00August 10th, 2015|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

published August 10, 2015 For a child who is under 21 years of age and in the U.S. without documentation or as a visa overstay, the federal “Special Immigrant Juvenile Status” statute may indeed create a path to permanent resident, aka “green card”, status. Under this statute, a child who has been abandoned, neglected, or abused by their parent, may be able to adjust to permanent resident status in the U.S. – and without having to depart to appear at a US consular post abroad, no matter their current status or means of entry. However, the essential element of […]

28 07, 2015

Donald Trump on Immigration, Part II

By Richard Hanus|2015-07-28T19:05:35-05:00July 28th, 2015|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigration and Criminal Law / Detainees, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published July 28th, 2015 For Donald Trump, it’s always loud headlines first and then, once in a while, substance later. This seems to be the modus operandi of our nation’s leading Republican candidate for President, the Kim Kardashian of today’s presidential race. What this says about the state of our nation’s electorate, or the Republican Party is quite concerning. Yes, it is the theme of what goes on in so many aspects of our popular culture. It matters not what is the truth. Instead, that which gets attention and commands an emotional reaction is what reigns supreme, at least as […]

12 07, 2015

Donald: What Would You Do With Our Nation’s 12 Million + Undocumented Individuals?

By Richard Hanus|2015-07-12T08:51:40-05:00July 12th, 2015|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigration and Criminal Law / Detainees, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published July 12, 2015 By now, we have all heard the headline grabbing statements presidential candidate Donald Trump has made about Mexicans, undocumented individuals, the border, crime and immigration. If we define success by the amount of air time he and his sound bites get, he is a massive, overwhelming success. Factor in the reality that he leads all Republican presidential candidates in the polls, and you have a bona fide candidate for President. Yes, half of what he says in the realm of immigration is just plain bombastic, inaccurate and even racist. And the other half actually start conversations on a number […]

30 04, 2015

Top Six Reasons to Hire an Immigration Lawyer

By Richard Hanus|2015-04-30T08:40:32-05:00April 30th, 2015|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published April 26, 2015 1. To Keep a Clean and Simple Case, Clean and Simple: A knowledgeable and experienced immigration lawyer will know how a filing, whether family based or employment based, should be prepared. The immigration lawyer will know exactly how to file the paperwork, how it should be documented, where the filing should be submitted, how to keep the filing on track and to make sure it does not fall through the cracks. If an interview is scheduled, the immigration lawyer will prepare the applicant for all questions and processes they will face, and accompany the applicant to […]

12 01, 2014

In the Immigration Realm: The Hard Truth About Criminal Expungements and Certain Criminal Case Dismissals

By Richard Hanus|2014-01-12T14:06:34-06:00January 12th, 2014|Categories: DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings|Tags: certified court dispositions, criminal defense counsel, criminal plea bargain, dismissed, expunged criminal record, FBI analyses, nolle pros'd, stricken|

Published: January 12, 2014 For certain, there continues to be a significant disconnect between criminal defense attorney perceptions and the realities of immigration law. Don’t get me wrong – I am not writing this article to scold, judge or blame the criminal defense bar, since I am well aware that keeping up with current criminal laws and procedures is challenging enough. It’s just that I happen to bear witness to this disconnect at least a couple times a week in communications with criminal defense colleagues with whom I may share a client, and we engage in discussions ranging from the deportation […]

9 03, 2013

Who Ends Up in Removal Proceedings?

By Richard Hanus|2013-03-09T09:35:21-06:00March 9th, 2013|Categories: Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|Tags: criminal arrest, criminal background, criminal sentence, denied application, denied asylum, renewal, traffic stop, Travel in the U.S.|

By: Richard Hanus, Esq. Published: March 9, 2013 With over 11 million+ undocumented individuals living in the U.S. and only a fraction of that population currently the subject of removal proceedings, a commonly asked question is: how does one become unlucky enough to end up under the radar of immigration authorities and placed in removal proceedings? Firstly, the vast majority of folks in the U.S. without immigration status generally evade detection, and that’s because, they generally steer clear of criminal activity. If you are in the U.S. living and working without immigration status (which, by the way, is not criminal behavior), and are otherwise abiding by our nation’s laws, there is […]

3 07, 2012

US Supreme Court Strikes Down Most of Arizona’s Controversial Immigration Law

By Richard Hanus|2012-07-03T10:24:36-05:00July 3rd, 2012|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: DREAM Act, initiative, reasonable suspicion, show me your papers, sole jurisdiction|

Published: July 3, 2012 To address the various issues presented by the hundreds of thousands of undocumented individuals living in their state, including the security of their state’s border with Mexico and the drain on state coffers, the State of Arizona took the extraordinary step of enacting a state law criminalizing violations of U.S. immigration law. Specifically, the Arizona law was designed to empower state law enforcement agencies with the authority to arrest and criminally prosecute immigration law violators present in their state, with violators turned over to federal authorities for the initiation of removal proceedings after serving a state sentence. […]

30 04, 2012

U.S. Supreme Court to Consider Whether Padilla v. Kentucky Should Apply Retroactively

By Richard Hanus|2012-04-30T10:50:36-05:00April 30th, 2012|Categories: DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|Tags: accurate legal advice, criminal counsel, deportation consequences, fraudulent, noncitizen criminal defendants, petition to vacate, plea, post conviction relief, uninformed acceptance|

Published: April 30, 2012 Firstly, a review: On March 31, 2010, the U.S. Supreme Court issued a decision in the case of Padilla v. Kentucky, declaring that noncitizen criminal defendants seeking to plead guilty have a constitutional right to be advised by their criminal counsel of the deportation consequences of such a plea. The case arises out of the State of Kentucky, with Jose Padilla, a long time lawful permanent resident and U.S. Army veteran, facing removal to Honduras after agreeing to plead guilty to a state felony charge of trafficking marijuana. The kicker in Padilla’s case is that his defense […]

14 10, 2010

Litigation and the Undocumented

By Richard Hanus|2010-10-14T10:45:09-05:00October 14th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Litigation and the Undocumented Published: October 14, 2010 An important question that gets asked from time to time: Can an individual residing in the U.S. without legal immigration status access a federal or state civil court to recover damages for a contract breach, personal injury, or to facilitate a divorce? To the surprise of many, – almost always, YES! In general, one’s ability to protect or assert their rights in a civil dispute – for example, relating to a contract breach, personal injury or divorce case – does not depend on the individual’s immigration status. The undocumented are not prevented by […]

24 04, 2010

The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration

By Richard Hanus|2010-04-24T13:12:12-05:00April 24th, 2010|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration Published: April 24, 2010 The question has been lingering for years: what is our nation going to do about the 15 million or so undocumented living in the U.S.? Commence removal proceedings against them? Grant legal status to most or all of them who are otherwise law abiding? Do nothing and essentially allow for a continued, de facto amnesty? In part to address the question of undocumented in their state, and in part to cry out for help regarding the security of their state and border with Mexico, the State of Arizona has taken the […]

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