You Have the Right to Remain Silent

What happens if law enforcement or ICE questions you about your immigration status? When this happens, you have the right to remain silent. Not only are you subject to U.S. laws, but you are also protected by them. This is crucial because anything you say can be used against you in immigration court. If you are not a U.S. citizen and are asked to show your immigration papers, you must do so if you have them. However, you have the right to refuse a search of your person or belongings unless there is consent or probable cause. 

For individuals over 18, it’s always advised to carry your papers. If you don’t have them, you can state that you wish to remain silent or consult a lawyer before answering any questions. Additionally, if an immigration agent asks permission to search you or your belongings, clearly state your refusal. This refusal is your legal right and does not require justification. Always ask to speak with a lawyer before agreeing to any searches or answering questions. It’s also helpful to have a lawyer’s contact information memorized or stored in an easily accessible place. Having this information can speed up the process of obtaining legal representation if you are detained.

What to Provide & How to Answer 

During encounters with law enforcement, staying calm is critical. Do not run, argue, resist, or obstruct the officer; these actions can escalate the situation. It’s important not to lie about your status or provide false documents. In some states, you may need to provide your name if stopped and asked to identify yourself, but beyond that, you’re not required to answer any questions about your immigration status. If you’re driving and are pulled over, here is what you need to do:

1.) You must show your license or identification

2.) Give them your vehicle registration

3.) Provide proof of insurance,

4.) You do not have to answer questions about your immigration status. 

This approach helps to minimize risk to yourself while protecting your rights. If you are taken into custody, remember that you have the right to make a local phone call in most jurisdictions—and you should use this call to contact your attorney. Avoid signing documents or making decisions without legal counsel, as this can affect your case. Informing a family member or friend about your detention can help mobilize support. Lastly, always verify the identity of any officer or agent by asking to see their badge or identification, ensuring that you are indeed dealing with law enforcement officials.

Speak with a Dedicated Crimmigration Attorney 

Navigating the complexities of ICE detention requires informed decisions and immediate action. Our law firm stands ready to defend your rights and guide you through the legal process. Schedule a consultation with us today to ensure you have the support and representation needed during these critical times. Your well-being and legal status are our top priorities, and we’re here to help every step of the way.

Regardless of your citizenship status, one of your most important rights is the right to remain silent under the Fifth Amendment of the U.S. Constitution. This isn’t just a phrase from TV shows; it’s a real and powerful tool in the legal world. Understanding this right is not only about knowing the law; it’s about empowering yourself in situations that could significantly impact your life. Understanding your right to remain silent in the U.S. legal system is crucial, especially for non-U.S. citizens. It’s a practical tool that can significantly impact legal situations.

Avoiding Self-Incrimination 

The Fifth Amendment in the U.S. Constitution acts as a legal shield. It allows you to avoid answering questions or sharing information that could lead to criminal charges against you. This applies to everyone in the country, U.S. citizens and non-citizens alike. For non-citizens, this right is particularly relevant in protecting your immigration status. 

Saying the wrong thing to law enforcement can seriously affect your immigration status, possibly leading to deportation or loss of immigration benefits. So, in challenging situations, knowing your right to keep silent is a powerful defense. It’s applicable in all interactions with law enforcement, whether local police or immigration officers. It’s not only about what you say in court; being cautious during any interaction with law enforcement is critical.

Volunteering information without being asked can also be risky. What might seem like a harmless comment can have unexpected legal consequences. Knowing that this right protects you during casual encounters with law enforcement, not just formal interrogations, is essential.

Understanding Your Rights 

Knowing how to use your right to remain silent effectively is vital. It’s more than just staying quiet; you must actively state your intention. Saying things like, “I’m invoking my Fifth Amendment right” or “I choose to remain silent” makes your position clear. Here’s something crucial: this right isn’t a green light to provide false information. Giving incorrect answers can lead to criminal charges and negatively impact your immigration situation. 

Remember, keeping silent doesn’t mean admitting guilt; it’s just taking advantage of the legal protection you are owed. You also have the right to consult a lawyer before answering any questions. A lawyer will help you figure out which questions you can answer safely. In order to invoke your right to counsel, you must clearly state “I will not speak to you without my lawyer present.”  Many people think that simply explaining their situation will make police or investigators help them or “give them a break”.  When you share additional information with law enforcement without first discussing things with a lawyer, you can harm your defense.  It is best to remain silent and invoke your right to a lawyer without saying anything else.  That doesn’t make you look more guilty; it makes you look informed.  Being informed and prepared to use this right can prevent accidental self-incrimination in seemingly minor situations.

Exercise Your Rights and Contact STERN Law 

For non-U.S. citizens, being aware of your rights, such as the right to remain silent, is essential for confidently navigating the U.S. legal system and facing legal questions or issues. Seek advice from knowledgeable crimmigration attorneys like us to ensure you make decisions that align with your best long-term interests. Schedule a consultation for a more extended conversation about your rights and options in the U.S. and gain the peace of mind you need in your immigration journey.

Criminal Convictions and Immigration Consequences

One widespread belief is that criminal convictions invariably lead to negative immigration consequences. This is only partially accurate. The impact of a criminal conviction on your immigration status depends on various factors, such as the offense’s nature, the sentence’s severity, and the individual’s immigration history. It’s crucial to understand that not every conviction leads to deportation or disqualification from obtaining an immigration benefit.

There is a common assumption that only felonies carry immigration consequences. In reality, certain misdemeanors can also affect immigration status. Examples of these misdemeanors include crimes involving moral turpitude, drug-related offenses, firearms offenses, and incidents of domestic violence. Therefore, the type of offense, rather than its classification as a felony or misdemeanor, often plays a more significant role in determining immigration outcomes.

Sealed or Expunged Records

Another area of confusion centers on sealed or expunged criminal records. Many believe that sealing or expunging a record removes it from consideration in immigration proceedings. However, immigration authorities can access criminal records, even if they have been sealed or expunged. Sealing or expunging a record in a state court does not guarantee immunity from immigration consequences.

Additionally, the belief that serving a criminal sentence eliminates immigration risks is inaccurate. Completing a sentence does not negate the potential immigration impacts of a conviction. Immigration authorities consider the nature of the offense and the individual’s overall criminal history when making decisions.

The Risks of Concealing Criminal History

A critical error some make is attempting to avoid immigration consequences by not disclosing their criminal history. Failing to disclose a criminal record to immigration authorities is considered a serious act of fraud. This can lead to severe consequences, including deportation and potential criminal charges. Being open and honest with your attorney about your criminal history is always advisable. Allow them to fight and advocate for you. Give them the information they need so they can protect you appropriately. 

Clarifying Common Misunderstandings

It is essential to clarify that the severity of a sentence is not always the deciding factor in assessing immigration consequences. The nature of the offense often holds more weight. Additionally, immigration consequences can vary based on the type of immigration benefit sought, such as differences between obtaining a green card and naturalization.

Not all criminal convictions are deemed “removable offenses” under immigration law. These are offenses that can lead to deportation. Even individuals with criminal records may still be eligible for certain immigration benefits, such as waivers of inadmissibility. The critical takeaway is to seek legal counsel, be honest, and allow them to develop an appropriate response so that you and your family can remain in the United States. 

STERN Law 

Understanding the relationship between criminal records and immigration status is vital for those with criminal histories seeking to maintain or obtain lawful immigration status in the United States. We empower individuals to make informed decisions and protect their rights by addressing common misconceptions and explaining their options. 

If you are navigating the complexities of crimmigration law, consider scheduling a consultation with STERN Law. As the country’s first 100% Crimmigration law firm, we are dedicated exclusively to the defense of non-U.S. Citizens.

We want to provide you with some insight into what your rights are and who to contact if you are a non-US citizen who has been charged with a crime. By reading this, we hope to help you take action and resolve your situation in the best possible way rather than making the situation worse.  

Understanding Crimmigration: The Intersection of Criminal and Immigration Law

Crimmigration attorneys help people when criminal law and immigration law are both at issue. There are more factors to consider beyond fines or jail time. If I accept a plea or plead guilty, will it impact your immigration journey? Is a probation sentence actually a “good” result for your situation? The rules in both areas, criminal and immigration, are tricky. So, these attorneys ensure people understand the rules and are treated fairly. They help ensure that a small mistake doesn’t mean someone must leave the country.

In many cases, people might not even realize how a minor legal problem (such as a ticket or misdemeanor) can affect their immigration status. Imagine someone getting a ticket and thinking it’s a simple matter to clear up. But, if they are not a citizen, that ticket might lead to more significant problems with their immigration status or ability to stay in the U.S.. That’s where crimmigration attorneys come in. They know the ins and outs of both criminal and immigration rules. They guide people through these situations, ensuring they know their rights and options. With their help, people can make informed choices and avoid unexpected issues with their immigration status.

What Rights Do I Have As a Non-US Citizen?

However complex crimmigration might seem, non-US citizens have rights when charged with a crime. 

• Right to remain silent
• Right to an attorney 
• Protection against unlawful searches 
• Protection against double jeopardy
• Protection against self-incrimination
• Right to due process
• Right to be informed of charges 
• Protection against cruel and unusual punishment 
• Right to contact their consulate
• Right to bail (in some circumstances)

Common Defenses for Non-US Citizens Facing Deportation

Non-US citizens can protect their immigration status by remaining silent and speaking to a crimmigration attorney. Their attorneys may employ several common legal defenses. Here are some examples:

• Lack of Jurisdiction: Your attorney may argue that the criminal charges must be dismissed because the arrest was made based on an error. This could prevent someone from being convicted of a charge and avoid the deportation process.
• Application for Relief from Removal: An attorney who understands the complexities of both Immigration and Criminal Defense can craft a strategy that allows you to remain eligible for applications for status and to defend against deportation proceedings if they are unavoidable.  
• Violation of Due Process Rights: An attorney may highlight your rights that have been violated. As seen above, you have the same rights as a US citizen under the constitution in criminal proceedings. Never forget this.
• Ineffective Assistance of Counsel: If the lawyer didn’t do their job to the standard required, like giving you incorrect advice, this could be a reason to reopen a criminal case or reopen deportation proceedings.

Protecting Your Rights as a Non-US Citizen

Criminal charges have wider reaching and more dire consequences for non-U.S. Citizens. It’s crucial to get a crimmigration lawyer as soon as you believe you will be charged with a crime.  

Here are some critical things to remember:

• Get a crimmigration lawyer quickly so they can advise you how to proceed without putting your immigration status at risk. 
• Be careful about signing papers or talking to immigration officers without your lawyer.
• Be willing to gather supporting evidence for your attorney. This could apply to letters that speak to your character, records from your job, or medical records.
• When you are with your lawyer, be prepared to openly discuss your past and your current immigration status. 
• Always be honest and polite with immigration officers.

Entrust Your Crimmigration Concerns to STERN Law, LLC

Understanding the intersection of criminal and immigration laws is a complex task. That’s where STERN Law, LLC comes in. Our team is highly experienced in crimmigration and is dedicated to protecting the rights of non-US citizens who face criminal charges. We look at every case closely and make a plan just for you. Are you a non-US citizen with criminal charges? Don’t wait. Reach out to STERN Law, LLC now. Schedule a consultation with us today to discuss your crimmigration concerns.

Working  through the post-conviction relief process  requires deliberate steps through a complex legal procedure for non-U.S. citizens. Each nuance introduces its own set of hurdles and prospects. Recognizing the post-conviction options that are available is vital for individuals seeking relief from the immigration consequences of a criminal conviction.

Understanding Post-Conviction Relief

1. Appeals: An Essential Primer

The post-conviction relief pathway  of two distinct vehicles: direct and collateral appeals. A direct appeal seeks a review of the original conviction and its processes. It examines whether legal errors, which were sufficient enough to impact the trial’s outcome, were made during the initial proceedings. Collateral appeals, conversely, challenge decisions made after the original conviction. They focus on aspects such as denials of motions to vacate.

1. The Role and Significance of Writs of Habeas Corpus

Writs of habeas corpus serve to question the legality of detention, conviction, or sentence. Invoking a writ of habeas corpus brings thecase  before the court, where the burden then falls upon custodians or prosecutor to validate the legitimacy of detention,conviction, or sentence. “Custodian” refers to the individual or entity responsible for the detainee. In this context, an agency or entity has custody of the detained individual. In many cases, especially in the context of habeas corpus, the custodian might be the governmental body responsible for the detainee. Such writs serve to effectively contest or reopen and alter convictions and sentences.

1. Motions and Their Tactical Use

Employing motions, such as those to vacate or correct a sentence, typically surfaces when new evidence comes to light or new legal avenues are identified post-conviction. These motions ask the court to reconsider the original conviction or sentence based on these new elements.

Each path within post-conviction relief demands a strategy aware of and sensitive to legal deadlines, evidentiary requirements, and procedural criteria.

We Understand the Challenges Faced by Non-U.S. Citizens

1. Linguistic and Communicative Hurdles

Language barriers present obstacles, creating an environment where understanding, interacting with, and responding to legal proceedings become a formidable challenge. If a person was not provided a qualified interpreter during their court proceeding, there may be a basis to challenge their conviction or sentence. 

1. The Financial Element

The financial burden of seeking post-conviction relief is considerable. From attorney fees to other related costs, managing finances while traversing through appeals or motions can pose a substantial strain.

1. Immigration Repercussions

For non-U.S. citizens, any engagement with the criminal justice system can inadvertently affect their immigration status, thereby infusing the post-conviction relief process with vital importance and additional complexity.

Forging Ahead: Strategic Navigation of Post-Conviction Relief

Optimally managing post-conviction relief involves understanding the available legal avenues, knowing the implications (and risks) of each, and selecting a pathway that aligns with your aspirations and needs. The intersection of criminal and immigration laws demands an approach that is detailed, thorough, and aware of protecting an individual’s rights and prospective future within the United States.

STERN Law, LLC

When looking for post-conviction relief, mainly when you are concerned about its implications for immigration status, crimmigration attorneys can be of substantial help. If you or someone you love is faced with these challenging issues, reach out to schedule a consultation.

― Luigina Sgarro 

Our clients are typically at the crossroads of a worrisome legal situation involving both criminal and immigration law. When these two legal areas intersect, it highlights how criminal offenses and convictions can influence a person’s immigration status and vice versa. Over the past few decades, the intertwining of criminal and immigration law has deepened because the legal and social implications are so significant. Every aspect of your loved one’s life can be impacted by the legal situation they are in. They could be suffering in silence, even if it seems like on the outside everything is okay. Does this sound familiar? 

Another challenge is watching a family member or loved one endure this ordeal alone. Whereas you may not be in a position to help, you recognize that there are professionals who can. Despite how close assistance may be, there can be an inherent difficulty in asking for help. People may pride themselves on being self-reliant or have deep-rooted concerns about imposing their issues and stress onto others. Admitting the need for outside help can make the situation more real, and they could feel vulnerable or exposed, especially if they have been hurt previously. In this blog, we want to draw upon foundational communication principles so you can effectively encourage your loved ones to reach out for help in whatever sense they need. 

Appreciate the Seriousness of the Situation 

Before approaching a loved one or a family member, acknowledge that the conversation you are about to have is more than a legal discussion. This person is going through something equally personal and emotional. They are likely scared, vulnerable, and unsure of the future. Regardless of the advice you are prepared to give, address the topic with understanding and care. 

Be Genuine 

In 1936, Dale Carnegie published How to Win Friends and Influence People. It centers on building better relationships through listening and empathy. In it, he includes six principles of getting people to like you. These principles don’t work unless you come from a place of genuine care. Look at each principle through the eyes of someone trying to convince their loved one to get legal help for their immigration or criminal issue. 

1. 1. Become genuinely interested in others.
   2. Smile
   3. Remember that a person’s name is to that person the sweetest and most important sound in any language.
   4. Be a good listener. Encourage others to talk about themselves.
   5. Talk in terms of the other person’s interests.

• Make the other person feel important—and do it sincerely.

Make a New Connection 

Though you may be starting the conversation, ensure the other person is involved in the decision-making process. Empower them; don’t tell them what to do. During the conversation, ask for their feedback, get their opinions, and respect any reservations they may have. Build collaboration through trust.  

When encouraging others to seek help, you are not expected to have all the answers. Don’t assume that not knowing something makes your position any less valid. Being transparent about the things you are uncertain about makes the conversation more genuine. More importantly, show how committed you are to helping others find the legal support they need. 

If you have a legal background, avoid using legal jargon because it can be confusing or intimidating. More importantly, use language to help them understand the stakes and how the right attorney can help them navigate the challenges ahead. If they feel overwhelmed with legal terminology, they may be less receptive to seeking legal advice. Remember, at the heart of this conversation is a loved one potentially facing a life-altering situation. With patience, empathy, and the right approach, you can guide them toward the legal help they might need and strengthen the bond you share with them.

Let Us Be Part of Your Solution 

If you or someone you love is working through a complex crimmigration issue, the best step forward is to be informed and supported. STERN Law, LLC is here to assist and provide you with the compassionate guidance you need. We understand these situations’ personal and emotional weight and want to partner with you to find a resolution. Contact our office today for the first step toward building a better tomorrow.

The Immigration Court Process

During a deportation proceeding, the judge reviews your immigration status and any evidence of violations of immigration law, which could include presence in the U.S without status, criminal convictions, or other violations of the Immigration and Nationality Act (INA).. This is to determine whether you are eligible for a bond. In the context of immigration law, a bond is a financial guarantee that the person facing deportation will appear for their scheduled court hearings. They will also be expected to comply with any court orders issued by the judge. If the judge finds that you are a good candidate for release on bond, which your attorney will fight for if you are eligible, you will be released from detention while the case is ongoing. 

At the deportation hearing, the government presents evidence demonstrating that you should be removed from the United States. However, you (and your attorney) have the opportunity to create a defense and refute the claims made by the government. Ultimately, a judge makes the final determination as to whether you will be deported. Evidence plays an important role. The government may use the following:

• Criminal record
• Immigration history 
• Facts or evidence that demonstrate you pose a danger to the community 
• Argue that you are a flight risk (to keep someone detained during the process)

Your chosen legal counsel will also use evidence that aligns with your defense. For instance, they show what steps you have taken to rehabilitate yourself after a criminal conviction, displaying your ties to the country via family, employment, or property ownership, and any other compelling reason your attorney deems vital to your defense. 

Types of Relief

STERN Law, LLC fights for people to remain in this country. Find an attorney who is committed as we are to protecting your future. Even if a judge determines that you are subject to removal or deportationfrom the United States, several different forms of relief may be available to you. Never give up. 

• “Voluntary Departure” allows you to leave this country voluntarily and within a specific timeframe. The benefit is that you will not face the penalties associated with removal, and you can leave on your terms after your affairs are in order. 
• There is also “Cancellation of Removal”. As the name suggests, you can live in this country permanently as a legal resident, if this is granted. You should discuss this with legal counsel because there are specific criteria that someone must meet to be eligible. This extends to length of time in the U.S., evidence of  good moral character and showing how a removal would create an “exceptional and extremely unusual hardship.”
• Some non-US citizens can seek asylum. Asylum protects people who can establish that they will suffer harm or persecution in their home country. 
• Lastly, people can work with immigration attorneys to adjust their status and become legal permanent residents. Though there are several different requirements, many are tied to having qualifying status and a qualifying relative Petitioner  who is either a legal permanent resident or a U.S. citizen. 

Speak with Attorneys Who Care 

If you or someone you care about is facing a deportation proceeding, contact STERN Law, LLC. Everyone on our staff is here to support you. We will help you understand your options and rights while tirelessly working for you to stay in the United States. Never forget that building a better life for you and your family is within reach, and you deserve an advocate who believes that.

Many people need clarification about the process due to the complexity of information available. Ultimately, it is vital to understand the distinction between being authorized to work and legal status. This is why we wanted to elaborate on the significance of work permits, their connection to immigration status, and why seeking professional legal guidance is essential. 

Understanding the Work Permit

Having a work permit is an Employment Authorization Document (EAD). They permit you to be legally employed. Work permits are issued by the United States Citizenship and Immigration Services (USCIS), and they signify that someone is authorized to work in the US. 

However, they do not give you legal status, and EADs are not green cards or confirmation of any other legal immigration status. Before we go on, we also want to say that having a TAX ID number does not automatically mean you can work legally. These are separate issues, and for more information, read the blog we published about taxes and undocumented workers. 

Work Permits & Legal Status

To clarify some common misconceptions, it is essential to emphasize that a work permit is always tied to a pending application for legal status. Though there may be instances where individuals can be given a work permit before they have been granted legal status, they are still in the process of obtaining it. Acquiring a work permit requires a valid legal basis to pursue legal status. Please, don’t be quick to dismiss your ability to work because you assume you don’t have a valid reason to become a legal permanent resident. This is something an attorney can assist you with. 

The Role of Legal Counsel 

Because of how complicated immigration law can be and how significant gaining legal status is, seeking the guidance of an experienced attorney is crucial for a non-US citizen who wants a work permit. The purpose is so you can clearly understand the available pathways to legal status and the specific requirements associated with each. Allow an attorney to examine your unique situation and assess your eligibility for various immigration programs, such as family-based visas, employment-based visas, or even humanitarian relief options. 

At STERN Law, we want you to know that you may have more options than you realize. Although work permits tied to an application for legal status may seem like another obstacle, view it from the perspective of getting two things you and your family want: the ability to work and live in the US. Not only will an immigration attorney explain what your options are, but they will go over the necessary steps to initiate the application process and help you compile the required documents. 

Partner with STERN Law, LLC

Getting an EAD is vital for non-US citizens who wish to work and provide for their families. However, it is essential to recognize that a work permit alone does not grant legal status. To achieve both, consult an experienced immigration attorney who will fight vigorously to keep you in the US. The attorneys at STERN Law will support and advise you as we navigate the immigration process together. Let’s identify the right pathway for you and help you achieve your goal of being lawfully employed. For a brighter future for you and your family, contact STERN Law, LLC, to schedule a consultation. 

When a U.S. citizen receives a traffic ticket from a law enforcement officer, it will specify the violation that was committed, the associated fine or penalty, and the deadline for responding to the ticket. For example, this could happen for minor infractions such as speeding, running a red light, or an improper lane change. Driving without a license is a common offense for which a ticket or citation is issued. After they pay the fine, most people get points added to their driving record, their insurance could increase, or they may have to attend traffic school. The outcome can be more severe, which is critically important for non-U.S. citizens to be aware of. 

In the next section, we will explain the consequences, which may be unnerving, but we will also outline how to protect yourself. 

Traffic Offense Arrests are the #1 Most Common Reason for ICE Detention

As a non-U.S. citizen seeking legal residency, traffic violations are not minor. You can get arrested for traffic violations, especially Driving Without a License; some have mandatory sentencing conditions. (We are focusing on minor traffic offenses today, but it is important to remember that some traffic violations where someone is seriously injured due to negligence could be called a crime of moral turpitude or a felony.) 

There Additionally, there are potential immigration consequences for any offense that puts you in jail. Non-U.S. citizens may be here on specific visas or immigration statuses. Ultimately, this will threaten your ability to remain in the country. These traffic offenses oftencan lead to ICE detention once it is recognized that a non US citizen without legal status is present in the United States without permission. revocation or denial of a visa, or they could lead to status adjustments. 

Convictions are Convictions

Paying a fine is equivalent to assuming guilt. In other words, paying a fine will equal a conviction. As unnerving as this sounds, we aim solely to explain that even minor issues can become large-scale immigration challenges if you don’t take the proper steps. In other words, even something as small as a traffic offense warrants a meeting with a crimmigration attorney.

One of the most challenging components of this issue is that people may pay the fine because they either want to move on with their lives or are trying to do the right thing. Before proceeding, speak with an attorney. Well-intentioned actions, sadly, can still lead to deportation—which is precisely what we are trying to prevent. Being convicted of a traffic offense can make a hard-working person ineligible for immigration benefits, hinder their ability to obtain visas, alter their status, or apply for waivers of relief. 

Protect Yourself & Your Future 

When you make decisions without the support of legal counsel, you risk escalating the situation. There are several scenarios where a traffic arrest can trigger an ICE hold. At STERN Law, LLC, we will work with you to minimize your risk of deportation, and all that we ask is that you contact us. Allow us to protect you, your family, and your future before calling us before you pay the bond for release from jail or rush to pay a traffic citation. Contact a member of our legal team and book a consultation with us today, so we can learn more about how we can help you.