| Immigration Services
PROBABLY ONE OF THE MOST COMPLEX AREAS OF LAW - IMMIGRATION PURSUITS CAN OFTEN BE CONFUSING AND TIME CONSUMING. NLPA'S TEAM OF ATTORNEYS CAN HELP YOU WITH THESE CHALLENGES!
If the INS has lodged a detainer against you, this means that while you are serving your sentence you would not be eligible to serve your sentence at a federal prison camp. It also means that while serving your sentence you will not be eligible for furloughs to visit your family. It also means that you will not be eligible for a halfway house placement which could normally get you out of prison much earlier than otherwise would be the case. Lastly, (and probably most importantly), it also means that when you do complete the serving of your sentence you will be turned over to the INS to be deported to your home country. If this is the situation you are facing and whether you want to fight your deportation and remain in the United States -or- speed up the process of returning to your home country, NLPA can help. There are various stages involved in immigration cases. However, NLPA can assist at any stage. Some of these include:
Attacking the Validity of the Conviction Which Serves as the Basis for Deportation - Many times in the past, defendants who are facing removal have been able to avoid removal by successfully contesting the criminal convictions upon which their removal will be based. For example, if you entered a plea in the case which is serving as the basis for your removal but you were not advised by your attorney or the judge at the time you entered a plea that you would be subject to deportation, you may be able to argue that your conviction should be set aside because you did not enter a knowing and voluntary plea. NLPA can assist your counsel in the research and preparation of a post-conviction motion designed to set aside the conviction that the INS is using as a basis for your deportation. Cancellation of Removal - You may also be able to seek to cancel your removal from the United States. This new procedure outlined by INA § 240A(a) and 240A(b) sets forth specific requirements from a non citizen to seek to remain in the United States following a conviction. These new sections allow both legal residents AND nonlegal residents to apply for cancellation of removal. These are lengthy processes that generally begin with the Executive Office of Immigration Review and with the US Supreme Court. Even if you are ultimately unsuccessful in your motion, you could be released and living in the US on bond during the years these motions take to wind through the courts. You may also be eligible for work authorization during this period even if you were originally present in the US unlawfully. In addition, should your circumstances change, such as additional hardship factors or marriage to an US citizen, while these motions are pending you may have other avenues to avoid removal.
Asylum or Withholding on Deferral of Removal - You may also be able to avoid removal from the United States by applying for Asylum or Withholding and Deferral of Removal. These avenues of relief are based upon Article 33 of the Unites Nations Convention Against Torture. Through demonstrating a reasonable probability that you will suffer some form of persecution if you are returned to your home country this application is pursued. This motion can be filed at the same time as any other motion to seek to remain in the United States. Release on Bond - While all the above actions are pending, you may be entitled to release on bond.
Work Authorization - Being released on bond doesn’t help much if you cant work and support your family. Certain aliens released on bond can qualify for work authorization while removal proceedings are pending. It is not unusual for an individual to be released on bond with work authorization for many years, while removal proceedings are protested. Post-Conviction Motion Seeking Relief from the Underlying Conviction - Many times one is deported based on a prior conviction for which he or she has already completed their term of confinement.
Case Evaluation - Some defendants feel they would like to have NLPA’s attorneys conduct a case evaluation BEFORE actually undertaking the process. This evaluation will outline all of the options available. Further, the evaluation will give you a sense of your chances of success. Once you have received our evaluation, should you then want to implement the recommendations made in the evaluation, the fee paid for the evaluation will be credited toward the cost of whatever pleadings are necessary. Speed up the Transfer to your Home Country - If you are an inmate being held in the United States for a conviction you received but, you wish to be deported back to the country of which you are citizen, NLPA can assist you. There are specific procedures involved with applying to the Justice Department as well as your home country for the processing of the application for deportation. An additional option which may be available to you to be able to return to your home country before the completion of your sentence is to be transferred to your home country pursuant to a Transfer Treaty with the United States. Below is a list of the countries which currently have transfer treaties with the United States.
Andorra
Azerbaijan
Albania
Armenia
Austria
Bahamas
Belgium
Bolivia
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hong Kong
Hungary
Iceland
Ireland
Israel
Italy
Latvia
Liechtenstein
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Lithuania
Luxembourg
The former Yugoslav
Republic of Macedonia
Malta
Marshall Islands
Mexico
Micronesia
Netherlands (incl. Netherlands Antilles and Aruba)
Nicaragua
Norway
Palau
Panama
Peru
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
Switzerland
Thailand
Trinidad
Tobago
Tonga
Turkey
Ukraine
United Kingdom*
Venezuela
Yugoslavia
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