Many of my clients come to my office because their family members have been arrested for minor criminal offenses but then have an immigration hold. For example, client is driving while under the influence of alcohol and gets pulled over by the police. The police arrest client for DWI and the judge sets bail at $500.
In this case, Client was a citizen of the Dominican Republic who was married to her husband who had a green card. Client’s husband physically abused her on many occasions. Client reported the incidents of abuse to the police and received a permanent restraining order.
In this case, Client was a citizen of the Dominican Republic who had a green card since 1992. Client was married and had four minor United States Citizen children. Client had one arrest in or around 2001 for Endangering the Welfare of a Child for which he received four years of probation. In 2010, nearly nine years after his arrest, Immigration officers arrested Client and charged him with being deportable from the United States for having committed an Aggravated Felony, Sexual Abuse of a Minor. Client’s spouse came to our office for a consultation and after speaking with DiMaria, she retained DiMaria to represent Client with regards to his case. Under immigration laws, a permanent resident is subject to deportation from the United States if the permanent resident is convicted of committing an aggravated felony. There are several criminal convictions that are considered aggravated felonies for immigration purposes. In most cases, deportation is automatic for individuals convicted of aggravated felonies. In this case, Client was convicted of an aggravated felony sexual abuse of a minor. Client informed DiMaria that his criminal attorney never told him that he would be deported if he pled guilty to the offense of Endangering the Welfare of a Child and had he been aware of the fact that he would be deported, he would not have pled guilty.
Client was a fifty-year-old citizen of Dominican Republic who had a green card since 1992. Client was single, had several children, and lived with girlfriend who is the mother of 3 of his children. Client was convicted of shoplifting on 2 different occasions in 1992 and 1994. Although client was convicted of 2 shoplifting offenses more than 15 years ago he was arrested in 2010 upon entering the United States after a brief vacation to the Dominican Republic. He was released from immigration custody, and charged with being deportable from the United States for having committed 2 crimes Involving Moral Turpitude. Under immigration law, although the 2 shoplifting offenses happened several years ago, lawful permanent residents can face deportation for 2 or more crimes involving moral turpitude not arising out of a single scheme of criminal conduct. Client hired The Law Office of Jayson DiMaria to represent Client who was facing deportation. DiMaria filed an application for a waiver “pardon” with the immigration court.
Jayson DiMaira won a deportation case against a local business owner. The client is a permanent resident that had one conviction over ten years ago when he was in his early twenties. Since then the client matured, had three U.S. Citizen children and opened a business. Immigration waited over ten years to go after the client for that conviction in order to deport him. Mr. DiMaria was able to successfully defend client, allowing him to remain in the U.S. with his family and business.
Client was involved in a conspiracy in which her husband was stealing items from a store that he worked for and selling them online. Since he was using Client’s computer, she was involved in the case. She was arrested along with seven other people, her husband being one of the people who were arrested. Client had received probation for the offense and agreed to pay restitution each month. Client was then placed into Deportation Proceedings.
Client applied for Citizenship with a different attorney. She went to the Interview for her Citizenship and was told her case was denied because she had 3 criminal convictions for Shoplifting. Technically speaking, someone can face deportation for these convictions, even if the convictions took place a long time ago. One conviction is not a problem but 2 or more convictions is a problem.
Client was represented by a Notario who filed a green card application and waiver for her. Client was told by the Notario that she had to go back to Peru for the Green Card interview and that she would come right back into the United States after she left. The problem was that the Notario told her to not tell the Immigration Officer that she had multiple entries into the United States as a minor when she was under 21 years old.
Client entered the United States illegally but was married to a United States Citizen. Typically, when you enter illegally, you cannot obtain a Green Card in the United States. However there are some exceptions. One of the exceptions is that if you had someone try to sponsor you before 2001. Even if you were not successful in the case that began before 2001, you still have hope in the future.
Client is from Ecuador who entered the United States as a child. He lived here all of his life and in High School was involved in a serious altercation in which he was found guilty by a jury of Aggravated Assault with a Gun and served 4 years in prison. He appealed the Jury Verdict and upon completion of his sentence was transferred to an ICE detention center. We were able to get him an Immigration Bail and he was released. While released from jail he had lost his appeal of the criminal case. He had another attorney file a Post Conviction Relief motion in order to have the criminal conviction overturned. While that was pending he got re-arrested and his bail was revoked. We applied again for immigration bail but the judge denied this request. While he was in custody he lost his Post Conviction Relief motion. We filed an application for a Green Card for him based on his marriage to his U.S. Citizen Spouse. We also had to file a waiver because of his criminal conviction. Basically, the waiver means that if we prove to the Judge that client’s spouse and child would suffer exceptional hardship if he gets deported, then the judge will give him a green card so that his family doesn’t suffer immensely.