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How much experience do you have?

I have been practicing in the San Francisco Bay area for over 25 years.

How much do you charge?

This depends upon the nature of the case. In personal injury matters, there is no charge to the client. We work on a contingency fee basis. In criminal and immigration matters, I work on a sliding scale depending upon the particular facts of each case and the client's ability to pay.

Will you personally work on my case?

Yes, I personally select and handle each and every case.

Why Should Criminal Law Issues Matter To An Immigration Attorney?

Since IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act of 1996) was enacted, the federal government has criminalized immigration practice. IIRIRA has added many new crimes including some misdemeanors which are now classified as aggravated felonies. A conviction for an aggravated felony renders you immediately deportable and bars your return to the U.S. Moreover, recent government initiatives on change of address enforcement and special registration have also 'criminalized' immigration practice further as when non-compliance or late-compliance on AR-11forms and registration, is transformed from an administrative and technical lapse, into a felony.

Today's immigration practice, particularly for cases involving removal, deportation and adjustment of status, is fast changing from being primarily administrative to becoming quasi-criminal where USCIS (INS) hearings and post conviction relief have become part-and-parcel of the attorney's lot.

To confront these new realities, it is important for immigration practitioners to arm themselves with the legal concepts and procedures surrounding criminal issues. Being able to obtain post conviction relief for clients with criminal convictions in the federal and state courts has become all important.

Are you an immigration or criminal defense attorney?

I am one of a small number of California lawyers who actively defends clients in both immigration and criminal actions. Attorneys must now be ever vigilant in order to avoid the many harsh immigration consequences facing aliens in the criminal courts. Counsel must be able to recognize and creatively eliminate any deportable convictions for aggravated felonies, crimes of violence, drug offenses and crimes of moral turpitude.

Equally important, an immigration attorney must be well versed in criminal law and procedure to discover and implement relief for aliens. Such relief may require counsel to return to the criminal courts to dismiss, reduce or expunge convictions which made clients deportable. When you retain our firm, you will have one lawyer providing more effective legal representation, costing you less.

What can a non-citizen do if he or she has a prior criminal conviction, which makes him or her removable (deportable)?

A skilled immigration and criminal defense attorney may be able to go back to the criminal court where the conviction occurred and have the conviction vacated. If the non-citizen was not adequately advised of the adverse immigration consequences by the judge at the time the non-citizen pled guilty, then the conviction can be vacated. If the criminal conviction is vacated, then the immigration removal proceedings that are based upon that conviction will be terminated.

What happens if I have overstayed beyond my required departure date?

Under existing U.S. Immigration law, if you have remained in the U.S. without authorization for less than 6 months, then you may leave and reenter the U.S. without being subject to any mandatory bar. If you have overstayed for more than 6 months but less than one year, accumulating unlawful presence, then you may be subject to the mandatory 3 year bar before you may reenter the U.S. If you have overstayed for more than one year beyond your authorized departure date, then you may be subject to the mandatory 10 year bar before you can reenter the U.S. Fortunately, there are legal remedies which may be available to avoid these harsh consequences.

Should I handle my own adjustment of status?

There are many who have had their petitions and applications denied because they did not hire an experienced immigration attorney.

The matters of adjustment and change of status are complicated, lengthy and oftentimes very frustrating. In almost every case, problems arise which must be dealt with swiftly and effectively. Sometimes a simple mistake, oversight or omission creates problems which will result in the denial of your petition. We consider each and every of our client's needs and legal objectives in advance of filing and, by anticipating and resolving them from the beginning of the process, we have enjoyed a high rate of success. I recommend you hire an attorney who is competent to practice both immigration and criminal law.

Why should I Become a U.S. citizen?

Among the many benefits of naturalizing and becoming a U.S. citizen, the most important, is the right not to be deported . As a naturalized citizen of the United States, you cannot be deported. The immigration service has added so many new grounds to remove (deport) lawful permanent residents, even for those who have resided here for many years, that it is no longer advisable to remain a resident, if you are eligible to naturalize. The U.S. government now recognizes dual citizenship. Therefore, if you are a lawful permanent resident who has been residing in the U.S. for more than five years or has been married to a U.S. citizen and resided in the U.S. for more than three years, then you should assure that you cannot be deported by naturalizing and becoming a citizen.

Can a lawful permanent resident who has prior criminal conviction(s), travel outside the U.S. and then reenter?

If you are a lawful permanent resident with any prior criminal conviction(s), no matter how old, be advised that when you reenter the U.S., you may be inspected by immigration and customs officials. If you have any prior criminal conviction history, then you could be detained and placed in secondary inspection at the airport or other point of entry. In most cases, the immigration inspectors (Customs Enforcement) will seize your 'green card' and passport. These customs enforcement inspectors will then order you to appear for a deferred inspection at the local CIS/BICE office. Once at the deferred inspection, in most cases, you will be issued a Notice to Appear in Immigration Court for commencement of Removal (Deportation) Proceedings. It is strongly recommend that you do not travel outside of the U.S. unless and until you consult before you travel with a knowledgeable immigration and criminal defense attorney who is skilled in the art of obtaining Post Conviction Relief in the criminal courts. A skilled immigration attorney and competent criminal defense lawyer can make all the difference. In some cases, such an attorney may be able to eliminate the conviction entirely. In other cases, which are already in deferred inspection, a lawyer experienced in both immigration and criminal law can make the difference as to whether your case is dismissed or you are referred from deferred inspection to immigration court removal proceedings.

What is Deferred Inspection?

Upon arrival to the United States at designated points of entry (POE), foreign nationals, including lawful permanent residents (LPRs), are inspected for admission. There are three (3) types of inspection: primary, secondary and deferred. To find out more click here.

What should I do if I am a lawful permanent resident and have been ordered to appear at a Deferred Inspection?

If the POE inspector decides to place you in deferred inspection, there are several options, including taking you into custody if the officer determines that you may be a flight risk, or granting you "parole" to enter the U.S. Your I-94 (arrival and departure record) is stamped to show that you were "paroled" into the U.S., rather than admitted. To find out more click here.

 


E-mail: Stephen Eckdish
1956 Lombard Street
San Francisco, CA 94123
(415) 776-1633



   
 



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