Long Island consists of two counties. Nassau county occupies the part of the island adjacent to New York City. Suffolk county occupies the rest of the island. For decades, New Yorkers have chosen to make their homes here. The cool shores of the island provide an escape from the warm center of the city during the summer. Today, millions of people make this their primary home while commuting to other parts of New York state. They live on Long Island in one of the many cities and towns that dot the landscape here. While people have been drawn here from the rest of the country, others come here because they are looking for work or a place to live and do not have the legal right to remain in this community. People who are here illegally may be subject to deportation from Long Island at any point in time.
Like other municipalities, Long Island officials do not set their own immigration laws. Rather, they enforce them. Those who are found to be living without permission in Long Island may face a variety of penalties. The type of penalties will depend on many other factors that may be part of their case. For example, someone who is merely found to have overstayed a visa with no other illegal activity on their part will face different penalties from the law than someone who has engaged in other illicit activities such as working off the books and being part of a gang. It is important to keep these details in mind should anyone be facing problems as a result of their unauthorized immigration to this part of the country. Local officials are sympathetic to the needs of those who have broken American immigration laws but they will still enforce such laws.
The Possible Penalties
Once caught in the net of American immigration laws, people typically have multiple choices. For those in Long Island, they can simply agree to leave the community. Many judges are happy to impose no penalties for the decision to leave voluntarily. Other judges may be inclined to view the decision to leave voluntarily fine as long as the person agrees to do so fast. Those who have been caught with a previous immigration violation may face additional penalties. In that case, they may not be granted the right to leave. A judge may require them to serve time for what is considered to be a felony. The amount of time may be as short a month or it may be much longer. Local judges, like judges on this issue everywhere else, must adhere to federal guidelines when it comes to deciding the penalties for illegally entering the United States.
Help From Others
While this process can be surprisingly quick, it can also be one that allows the defendant time to find legal help. Legal help is designed to help people combat this system. A lawyer can offer many kinds of insights that might not otherwise be evident to layperson. For example, the lawyer can point out that there are options that are previously unknown to the person facing such charges. People who are here without permission may not be aware of the kind of specific visas and other kinds of laws that allow people permission to stay under certain circumstances. Some people may be allowed to stay if they have seen a crime and are willing to come forward and speak to law authorities about such activities. Even if such activities are illegal and they were participants, they may still qualify. Good legal help can offer assistance during any Long Island deportation proceedings.
Developing a Plan
The island tends to be relatively fine with new people even if such people do not have official authorization to move here. However, it is imperative to keep in mind that even if local law enforcement officials have a certain amount of leeway, they do not make the laws. They cannot simply refuse to enforce American immigration laws. They must uphold the laws that are made in Washington. Someone here illegally cannot expect to live on Long Island and face no consequences should they be found out by such officials. Therefore, it is best to develop a plan in advance. This plan should include what to do if discovered. A good plan will include knowledge of local and national immigration laws. This is why help from lawyers with a specialty in this area is truly important when crafting a personal defense.
If an individual has committed a crime while on a work visa or as a permanent resident, it is possible that he or she will be selected for removal. What this means is that the United States is attempting to send a person back to his or her home country. While permanent residents and those here legally for employment purposes have rights, these rights are not necessarily on par with those granted to citizens.
Drug Use Can Get a Person Deported
Individuals who have admitted to using drugs before or after entering the United States could be deported. The only exception is for a first offense involving the possession of less than 30 grams of marijuana. However, if a person is deemed to be a drug addict, he or she could be removed from the country even in the absence of a criminal conviction.
Committing a Felony May Terminate Legal Resident Status
A felony is considered to be one of the most serious type of crime that a person can commit. Generally, these are crimes such as rape, murder or arson. However, those who steal money or cars could be charged with a felony. The same is true for individuals who are arrested for a second or third DUI within a matter of years. Generally, a person won’t be deported until after being convicted of a second felony, but removal is possible after just a single aggravated felony.
Marriage Fraud Can Be Grounds for Removal
If a person gets married within two years of entering the United States, it could be considered fraud if a divorce occurs less than two years later. This is true if it is determined that the marriage was the reason why an individual was given a green card or other legal status inside of the United States. However, it may be possible to show that the marriage wasn’t fraudulent or wasn’t done solely to defraud the United States government.
Crimes of Violence Carry Significant Penalties
Permanent residents who commit acts of violence including stalking, child abuse or spousal abuse could be forced to leave the United States. They could also face penalties such as fines, prison time or probation in addition to being deported. The same is true if such a crime occurred after a protective order was put in place against an abuser.
How to Respond to a Deportation Notice
As soon as you receive a deportation notice, it is a good idea to get in touch with an attorney. Generally speaking, the odds of obtaining a favorable outcome in a removal proceeding is better when you have legal counsel. This is because an attorney may be able to help prove that you are not guilty of a crime or conspiring to commit one.
In addition to talking with an attorney, be sure to respond directly to the notice in a timely manner. If you are required to submit documentation or submit to an interview, your attorney can help you prepare for it. The more cooperative that you can be, the higher the chances of obtaining leniency from the government.
How Can an Attorney Help In a Deportation Case?
An attorney may be able to show that you did not take drugs, commit an act of violence or otherwise try to defraud the government. This could be done using statements from other individuals confessing to the crimes in question. It may also be possible to argue that you were compelled to break by a person or entity who threatened violence against you or your family.
If it can be shown that no crime was committed, it will likely result in an end to deportation proceedings. It could also be possible to have the charge expunged or sealed, which can be helpful in your quest to become a citizen. The lack of a criminal record can also be ideal when applying for educational or employment opportunities.
Being accused of a crime can carry serious penalties no matter who you are. However, as a permanent resident or temporary worker, it may mean not being allowed to stay in the country. Therefore, it is important that you talk with an attorney and take steps to resolve your case as favorably as possible.
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