Criminal Defense For Immigrants

Criminal Defense For Immigrants: Clients who have criminal records range from speeding tickets to crimes of violence and controlled substances, and everything in between

Criminal defense for immigrants begin when clients of criminal lawyers ask immigration attorneys: “Can I get a green card if I have a conviction?” “Will immigration hold the crime against me – I did probation?” “What about double jeopardy – I already got convicted once – isn’t that against the constitution?!!”, “Do I have to list my criminal record on my immigration form – it was expunged?”, or they will tell me “ I didn’t do it but they said I would go to jail unless I pleaded guilty, so I did.”

If you have been convicted of a crime – any crime – USCIS and USICE will review your case all over again and determine if you can be deported. This is because the immigration laws are based on Federal Civil law and not Federal Criminal law.

If you have a criminal conviction and you need to immigrate to the United States, you simply must hire the best immigration lawyer you can find. I have represented many immigrants with criminal background before USICE, USCIS and the Immigration Court. I have also appeared in local state and county courts to vacate, or clean up criminal records so that the USCIS has no way of holding the past against you.

Here is a sample of services that we can provide if you have a past criminal conviction – in this case a false claim of US Citizenship!

Our scope of services anticipated a case that would last several years, a huge commitment for us to our client:

  1. Review your immigration documents and research the current law and procedures;
  2. Prepare the following forms and fees and send them to you for your review and signature:
    1. Application for Adjustment of Status (Form I-485) $985;
    2. Special Adjustment of Status Application with illegal entry – to be filed at interview if no other
      grounds of inadmissibility is charged (Form I-485A) $1,000;
    3. Application for Employment Authorization (Form I-765);
    4. Affidavit of Support (Form I-864); Brother is LPR – send him a joint sponsor packet, maybe aunt
      or cousin
    5. Biographic Information Forms (G-325A);
    6. Biometric information – USCIS Fingerprint Appointment $85;
    7. Medical Examination of Aliens Seeking Adjustment of Status (I-693) – pay to USCIS Civil
      Surgeon; and – send medical doctors
    8. Notice of Attorney Representation (G-28).
  3. Review criminal records for false claim of citizenship;
  4. Prepare statement describing retraction of false claim;
  5. Prepare request for Prosecutorial Discretion based on hardship to family; age at time of conviction; other factors;
  6. File the above forms with the appropriate agency;
  7. Follow up with USCIS prior to your interview to make sure the forms are properly processed;
  8. Notify USCIS of your change of address;
  9. Review any requests for information and notify you regarding these requests; and
  10. Consult with you prior to your interview in San Francisco to prepare you for
    obtaining your visa;
  11. Attend one interview with you at the SF USCIS office, arguing you timely retracted your false claim, requesting waivers of deportation and one crime of moral turpitude and reserving I-485A for use in immigration court if they are going to deny the case;
  12. After the interview we will review the USCIS decision and thereafter discuss the decision and next steps with you.

Does not include travel costs: Air fare, hotel one night, rental car and $50 per day meal allowance.

Does not include preparation of USICE bond request in case you are detained at your fingerprinting appointment (not likely to happen) – however our request for prosecutorial discretion will contain the essential elements of a request for bond from USICE in the event that you are detained and will reduce the costs for that service .

If the USCIS does not approve the Adjustment of Status and requests you file a waiver, we propose the following:

II. SCOPE OF LEGAL SERVICES: Waiver of Previous Exclusion/Deportation and/ or Crime of Moral Turpitude (Approximate processing time: 9 months):

In the event that USCIS requests a waiver of the deportation (form I-212) or, IF THEY BELIEVE YOU MADE A VALID RETRACTION OF YOUR FALSE CLAIM OF CITIZENSHIP; for your criminal conviction (I-601). THERE IS NO WAIVER OF THE FALSE CLAIM FOR CITIZENSHIP WHEN APPLYING FOR
ADJUSTMENT OF STATUS.

  1. Review your immigration documents and research the current law and procedures;
  2.  Prepare the following forms for your review and signature:
    1. A. Application for Waiver of Criminal Grounds of Inadmissibility (Form I-601) $545;
    2. B. Application for Permission to Reapply for Admission into the United States After Deportation or
      Removal (Form I-212) $545;
  3. Assist in preparing affidavits from friends, family, you and your mom (25) in support of the Waivers;
  4. Consult with psychologist/medical doctors for your mom;
  5. Review reports regarding mental hardship of your mom;
  6. Prepare country condition report showing economic/social disparities between Mexico and San
    Francisco, CA;
  7. Verify and review police/court records;
  8. File the above forms with the appropriate agency;
  9. Follow up with appropriate agency to make sure the forms are properly processed;
  10. Review any requests for information and notify you regarding these requests; and
  11. We will review the USCIS decision on the waivers and thereafter discuss the decision and next steps
    with you.

If the USCIS denies the waiver or does not allow you to file a waiver and denies the case, they most likely will transfer the case to immigration court and we will propose the following forms of relief:

III. Defense against Removal in Immigration Court: Timely Retraction of False Claim (approximate processing time: 4 months)

  1. Review law and procedure for contesting ground of removal;
  2. File motion denying allegations and requesting special hearing on removal;
  3. Review evidence of false claim presented by DHS/ICE;
  4. Draft legal brief attacking evidence presented by DHS/ICE suitable for taking up on appeal;
  5. Appear in person for hearing on removal; and
  6. Review decision by immigration judge and discuss next steps.

If DHS/ICE loses the ground of removal then the case may be thrown out of court and you can re-file your adjustment of status with USCIS, or we can go forward with adjustment and cancellation of removal.

If they win then you will have to go forward with the following forms of relief- and they may not allow us to file cancellation of removal, only adjustment of status.

IV. Cancellation of Removal for Non-Permanent Resident before the San Francisco Immigration Court; Adjustment of Status and Permanent Residency before the Immigration Court with USCIS; 601 and 212 waivers with Immigration Court (Approximate processing time: 2 years):

  1. Review law and procedures for immigration court;
  2. Attend 2 Master Calendar hearings in immigration court in San Francisco to request Adjustment of Status and Cancellation of Removal;
  3. Cancellation of Removal:
    1. Review and revise documents showing 10 years of continuous residence, good moral character and
      exceptional extremely unusual hardship on children and mother;
    2. Consult with psychologists for psych evaluation for children and mother;
    3. Obtain medical and psychological records for children and mother;
    4. Prepare sworn affidavits for you, children and mother;
    5. Prepare/update country conditions report on Mexico;
    6. Assist in preparing affidavits from employer, family and friends (25) in support of the Cancellation of
      Removal Application;
    7. Prepare applications for Cancellation of Removal ($110) and Employment Authorization ($380);
    8. Draft legal memo on the Cancellation of Removal for Immigration Court, stressing that the false
      claim was not a crime of moral turpitude, was retracted, is old, was done young, and is not a bar to
      cancellation;
    9. Prepare witnesses to testify in court;
    10. Meet before immigration court to prepare you for obtaining your Cancellation of Removal;
    11. Attend your hearing in person in immigration court for Cancellation of Removal; and
    12. After the immigration court hearing we will review the decisions and thereafter discuss the decisions
      and next steps with you.

Adjustment of Status (see above numbers 1-12– basically we will revise and re-file the forms with immigration court and appear in court for the hearing)

In order to adjust status in immigration court, the court may require us to file those waivers again.

Prepare 601 and I-212 waivers – basically revise and re-file forms and documents in immigration court and appear in court to argue waivers at the separate waiver hearing.

If you have a similar situation we can help. We work with families and businesses who have cases ongoing with other firms and we simply take over the case and get it back on track. Or we can review your documents and advise you on how best to proceed. All of our work comes with the Integrity Refund and Performance Guarantee.

Click here for our Personal Immigration Questionnaire Form  or our Professional Immigration Questionnaire Form and send it to me at mdaly@cinapc.com and schedule yourself for your free consultation today with a Denver Immigration Attorney. Our Denver office is located at 1624 Market Street, Suite 202, Denver, Colorado 80202 our offices are easily reached via the free Mall Ride. Our Denver office is accessible from I-25, I-70, Aurora, Lakewood, Arvada, Commerce City, the Denver Tech Center, Westminster, and Thornton.

I also train new immigration attorneys and provide professional coaching services.

Thank you for your interest in our firm. Mark C. Daly


Call or email now for a free consultation, a special consultation or a rush consultation with Mark C. Daly, a licensed immigration attorney with over 15 years of experience in immigration law.

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