IMMIGRATION & DEPORTATION DEFENSE AUSTIN LAWYER

IMMIGRATION & DEPORTATION DEFENSE
AUSTIN CRIMINAL DEFENSE ATTORNEY

Many people often are arrested for minor criminal charges, such as driving without a license or speeding, and are then detained based on INS immigration status for lack of US citizenship or lack of legal permanant residency (what was known as a green card). For these individuals, awaiting a hearing before an immigration judge while handling a criminal case can mean months of waiting in a jail cell or imigration ICE or INS holding cell. Most local jails will register a Hold on the individual, meaning they cannot bail or bond out until the immigration case is resolved. This adds to the lengthy incarceration while both the criminal and immigration case is handled.

If you have an immigration hold and are facing criminal offenses or criminal charges, you need to make sure your rights are being protected. Many people are unaware that there are several routes to claim a tie to the United States and defend against deportation in an immigration case. For instance, an individual facing deportation can attempt to defend against the deportation proceeding by showing that:

• Citizenship Through Naturalization

• Biological or Adopted Children Residing in the United States (Section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA) );

• Biological or Adopted children who regularly reside outside of the United States (Section 322 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act (CCA));

  To make matters more complicated, even if an individual is successful in proving a claim for residency and defeating deportation in an immigration case, many criminal offense and criminal convictions in Austin or the Texas area can bar or prevent a person from taking advantage of residency. Certain charges -- typically the more serious charges, although the list does include many lesser crimes -- can prevent or revoke legal residency, and can even prevent citizenship in the future.

  Many times, individuals with immigration issues may qualify for benefits under special programs, like asylum or NACARA, which may allow an individual to obtain permanent resident status. Other programs or benefits that are not widely known, such as temporary protected status, offer short-term benefits such as a temporary visa, and while such a benefit is a short term solution, it can be the first crucial step to earning a green card.

  Call us today for a Free Consultation on how you can help yourself of a loved one overcome the difficult process of immigration, deportation, and a criminal arrest.