Case Studies In Immigration Law
One needs only scan the internet for cases of individuals who are in danger of being on the wrong side of the immigration law because they are accused of a petty theft. A brief look at just a few of the myriad sites that abound shows that;-
An Individual in San Jose CA who had been living in the US on H4 but got a green card 1 year ago has now been accused of Misdemeanour Petty Theft. The infringement is recent. (avvo.com)
The advice he is given on the internet questions whether the offence can be classified as a Crime involving Moral Turpitude. If so it is vitally important that he consult a Los Angeles Criminal Immigration Lawyer to either persuade the District Attorney to get a pre trial diversion or keep the charges lenient or to fashion a robust defense. If the offence is classified as Class C or B then the gentleman concerned is safe as the penalties are a maximum of six months confinement. However if the gentlemen is convicted of another crime involving moral turpitude he will be deportable irrespective of the classification of that offence.
A further danger is that a California DA may try to viagra a crime of commercial burglary on top of a misdemeanor petty theft charge of shoplifting. Thus the convicted would be immigrant is automatically guilty of 2 crimes involving Moral Turpitude and automatically becomes deportable since the green card residency is shorter than 5 years.
There are many ways to tackle this and use of an Immigration Lawyer in Los Angeles is essential to avoid any question of deportation.
Still another Advice Blog immigrationvoice.org discusses a case where an individual who has just received a temporary work permit and an appointment for an immigration interview has a record of 2 misdemeanors (One hit and run reversed into a car and broke a light while driving without a license and was apprehended after he left the scene, the second a DUI from which he received a suspended sentence.) He also has 2 other traffic tickets for driving without a license.
The advice he received was that he should consult an Immigration Lawyer in Los Angeles who would take all documentation from the court appearances to show that the courts has already punished and he had completed his punishment. Thus the cases would be closed. He was also advised that he was at liberty to take the lawyer with him to the interview as this is an option.
The point in both these cases is that misdemeanors are defensible and should not necessarily have lifelong consequences. Deportation would certainly have lifelong consequences and thus it is advisable to consult an attorney who specifically acts in these areas of law. Criminal Lawyer in Los Angeles is one such attorney whose practice specializes in criminal and immigration law. He will consult and advise on all aspects of each case to find the best possible defense to protect your immigration status.