In Arizona, and other border states such as Texas on the U.S.-Mexico border, non-citizen residents have a right to be fearful of the popular movements to restrict legal and illegal immigration.
Given the changes in state laws and discretion of enforcement of federal immigration laws, it is absolutely critical to understand your rights under the law when you suspect you are being accused of some crime.
The most benign infraction could carry the most serious consequences of leading to being permanently removed and detained by federal authorities.
Reliable and well-resourced Arizona immigration firms confront the most complex to routine cases involving immigrant visa or green card application denials, threats of intimidation to law abiding non-citizens, to bring peace of mind to your life and family.
Look further to see how hiring an Arizona immigration super lawyer can give you peace of mind in staying in the country in every step of the way on the pathway toward naturalization.
The Classification of Lawful Permanent Resident Status For A Phoenix, Tucson, Or Flagstaff Arizona Resident Accused Of A Crime, Convicted Or Arrested
A Phoenix immigration attorney can distinguish between lawful and illegal immigration in adjustment of status cases.
One way to distinguish the two concepts is by defining a person who lives in Arizona, before naturalization occurs, or when a person is not yet a U.S. citizen, or a person who is a lawful permanent resident. USCIS Chapter 2
Lawful Permanent Resident – As a lawful permanent resident you are at risk for being deported if you do any of these things prohibited by Arizona’ criminal code:
- Drug trafficking
- Sexual abuse of a minor
- Statutory rape
- Firearm trafficking
- Tax evasion
- Money laundering
- Child pornography
- Human trafficking
- Terrorist Activity
Green Card holder – Within five years of committing any of the public safety violations, or “moral turpitude INA § 212(a)(2)(A)
Types of Crimes That Could Create Risk Of Being Deported
According to Scottsdale-based Jackson White, LLP, informing yourself of the consequences of engaging in behavior that could potentially be criminal jeopardizes your chances of remaining eligible to work and become a U.S. citizen.
Due to the draconian way Arizona enforces criminal laws to manage illegal immigration as compared to legal immigration, there is a strong recommendation to do the following to avoid being caught and deported for a minor infraction:
- Closing Doors – It is not recommended to allow an official to enter your home.
- Remaining Silent – State clearly that you’re exercising your 5th Amendment rights of remaining silent.
- Spanish Language Barrier – Not signing unwittingly signing self-deportation papers.
- Recording – Creating a paper trail of evidence of coercion and pressure in a confrontation with a patrol official
- Reporting – Logging the note and sending this information to your attorney.
- Immigration Attorney Advice and Legal Services – Seeking counsel from an immigration lawyer.
- Immigrant Advocacy Nonprofit – Taking advantage of the resources of nonprofits dealing with deportation defense cases.
The United States Citizens and Immigration Services agency handles enforcement of state’s criminal laws to determine if a resident who is not a citizen must be removed for inadmissibility or failing to follow the requirements for citizenship eligibility.
In Arizona, the federal government will find that a resident who is not a citizen in Arizona who commits the following crimes will be likely deported. INA § 237(a)(2)(A)(i)-(ii).
- Assault-bodily-injury Arizona 13-1203
- Assault-by-threat A.R.S. 13-1202
- Assault-by-contact Arizona 13-1203
- Assault-bodily-injury and Assault-by-threat A.R.S. 13-1202
- Domestic violence18 U.S.C. § 16(a)
A knowledgeable and reputable immigration criminal defense firm is knowledgeable about the overlap between Arizona’ criminal law and federal law governing legal and illegal immigration to avoid deportation and keep you with your family and/or loved ones.
Waiver, Asylum and Immigrant U-Visa Services By Phoenix, Flagstaff, Or Mesa Immigration Attorneys Handled Under Biden Administration
According to Phoenix- and Sedona-based Law Offices of Alice Vacek Aranda, PLLC, many coming to the United States are branded an “illegal immigrant” or “migrant” despite having legal grounds for U.S. citizenship on account of asylum legal status.
Under Arizona and federal laws, an asylum application consists of “an affirmative asylum application,” or submission of a Form I-589 to United States Citizenship and Immigration Services (USCIS).
The test is as follows:
- Did you come to the US as a tourist with a tourist visa or student visa?
- If not, then is there a fear of returning to your home country.
The challenges are for asylum or refugee applicants is if they’ve been accused of a crime that makes them deportable.
According to Phoenix, Arizona deportation defense firm Snader Law Group, P.C., the changes of administrations from one overseen by Trump to Biden has lasting consequences for the way criminal laws and U.S. immigration laws are enforced.
- Mandatory deportation – If an eligible conviction occurs, then after sentencing deportation is mandatory without exception. S.B. 1070
- Discretionary deportation – With an U.S. immigration attorney, you may be able to avoid deportation if you can demonstrate certain conditions are satisfied S.B. 1070
The immigration process changes slightly in the need to file defensively through a “defensive asylum application,” also using a Form I-589.
There are two ways of applying for asylum:
- If you come to the United States in some sort of legal status, such as on a tourist visa or as a student, you can apply for affirmative asylum with USCIS.
- If you come to the U.S. border without any documents, you can tell the Border Patrol that you have a fear of returning to your home country, and you will be put through a process called defensive asylum.
An expertise in immigration issues, asylum law and visa applications based in Phoenix, and surrounding cities of Mesa, Tucson and Scottsdale, Lavy Law, P.C. offers dedicated representation from start to finish to ensure every ounce of discretion is exercised and exhausted in your favor to stay in the country and gain access to a pathway to citizenship.
Capturing The Benefit of Temporary Protected Status (TPS) By Hiring A El Paso, Houston, Or San Antonio Immigration Attorney During Post-Trump, Biden Administration
According to the Nunez Law Firm, P.C., special protections exist for non-citizens in border states such as Arizona who cannot remain in Mexico, but must stay in the US to be able to avoid serious consequences of health risks or personal injury.
The Department of Homeland Security (DHS)’s Secretary can declare that the home country is subject to the following:
- War – Ongoing armed conflict (such as civil war),
- Disaster – An environmental disaster or an epidemic, or
- Catch-all – Other extraordinary and temporary conditions.
The federal government and Department of Homeland Security confer the title of TPS to give you protection from being expulsed from the country for non-compliance with the country’s immigration laws:
- Right not to be removed – You may not be removed from the U.S.
- Work authorization (Employment-based) – Can obtain an employment authorization document (EAD)
- Travel authorization – May be granted travel authorization.
- Eligibility – Can apply for other benefits.
The many variables at play in enforcement and response to enforcement poses a series risk to being deported if you tried use self-help to manage your immigration matters.
Count on a Phoenix, Mesa, or Tucson law firm, such Tempe-headquartered Singular Law Group, PLLC. With many years of experience to drastically increase the odds of remaining in the country and keeping your job and avoid the worst-case scenarios of separation from family and denial of reentry.
Free Consultation From A Phoenix, Tempe, Or Tucson DHS Or DACA Phoenix Immigration Lawyer To Maintain Lawful Permanent Residency Status
Many Arizona immigration lawyers, such as the Phoenix- and Tucson-based Maria Jones Law Firm, Phoenix-based New Frontier Immigration Law, PC, and Scottsdale Juras Law Firm, P.C., often are trained at the best law schools throughout Arizona, or other states and around the country, provide exemplary legal representation and legal assistance in multiple immigration practice areas and sub-specialties to get you through your legal crisis in a Post-Trump, Biden administration more compassionate to migrants stories of survival.
Offering contingency-fee agreements that are no-cost, no-money-up-front payment arrangements, you do not need to first afford a high retainer to get the visa process started, or the right legal advice when dealing with Arizona border patrol officials detaining you at your front door.
A versatile, knowledgeable and tactful Arizona immigration super lawyer, like Avvo-rated JCL Immigration Lawyers, PLLC, can help you have peace of mind, and some measure of relief from having to worry that you’ll be told that your days in the U.S. are numbered.
Understanding The Attorney’s Role In An Attorney-Client Relationship In Phoenix, Mesa, Or Tucson In A Free Case Evaluation And Initial Free Consultation
Once introduced, you and the Arizona immigration super lawyer or law firm will form an unbreakable bond of trust and the utmost respect and confidence making up the attorney-client relationship.
Unless a disclaimer of exists to not create this relationship, you can look to your lawyer to be a zealous advocate throughout the initial immigration application process, claims submission stage, and federal court appeals stage in U.S. Immigration Court and the Supreme Court of the United States guaranteeing you wait the least number of days to receive a letter of determination of your eligibility to remain lawfully a resident, giving you peace of mind and tranquility once again in your life.
With directories spanning the best immigration lawyer in Tucson, Phoenix, and Scottsdale, Lawsuit.org, beyond State Bar of Arizona bar association, or Arizona State University School of Law state library, or Arizona State Bar office, will help you pinpoint the right firm to maximize of not having to worry each moment of whether you will lose protection as a noncitizen.
An honest, well-meaning Arizona immigration law office will give you advice you would unlikely be able to find on your own to get past threats of deportation, panic and alarm in the language of your home country, either Spanish or another language.
Reach an Arizona immigration lawyer on the contact form, or by calling their phone number on their website. And have someone on your side through the complicated application process and prevail on any application appeal in immigration court.