why attorney ask about immigration status

by Walton Rath Published 3 years ago Updated 2 years ago 3 min read

Attorneys, especially criminal defense lawyers, often ask about immigration status. It's a common practice to introduce bias against an accuser or witness to reduce the credibility of that person in the eyes of some members of the jury.Nov 28, 2017

Do I have to answer questions about my immigration status?

Nov 28, 2017 · Attorneys, especially criminal defense lawyers, often ask about immigration status. It's a common practice to introduce bias against an accuser or witness to reduce the credibility of that person in the eyes of some members of the jury.

How can my immigration attorney help me?

Apr 16, 2015 · In Florida, nearly all criminal judges are now asking criminal defendants about their immigration status during their plea colloquies and whether they have had adequate time to consult with an immigration attorney if they have immigration concerns. This entire issue derives from a United States Supreme Court case titled, Padilla vs. Kentucky. In this case, a criminal …

Is immigration law your attorney’s primary focus?

» How our System Works. You can use our Ask Lawyer service to ask and submit questions about U.S. immigration to an accredited U.S. Attorney. The lawyer will write you an e-mail with a personalized answer or if you prefer you can receive the answer during a telephone consultation, then you will have the option to ask the lawyer to take over your case and help process your …

Can a police officer ask for proof of immigration status?

Mar 25, 2019 · It’s important to be realistic about how long your specific case will take to move through the U.S. immigration process. Your lawyer should be able to create a plan of action that will give you a tentative timeline. This will help you and your family know what to expect, so you can plan for what lies ahead. 4.

Can deposition ask immigration status?

Section 351.2, by contrast, provides a bright-line rule that prohibits opposing counsel from even asking about the plaintiff's immigration status, whether in written discovery, deposition, or at trial.

Who can ask for immigration status?

Customs officers can ask about your immigration status when entering or leaving the country. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency.

What does legal status mean for immigrants?

Legal status affects immigrants' paths to integration in a variety of ways, across a wide range of activities, and with varying degrees of intensity. In areas that are fundamental for integration, such as employment, access to higher education, social services, and health care, legal status plays a significant role.

Do you have to answer questions from immigration?

YOU QUESTIONS

You have the right to remain silent. You do not have to answer questions asked by immigration officers if you do not want to answer them. This includes questions about your citizenship status, birthplace or place of residence.

Do immigration officers come to your house?

Immigration officers may not enter your home unless they have a “warrant.” A warrant is a document issued by a court or government agency. There are two types of warrant — one for when they are coming to arrest you, and another for when they have permission from a judge tosearch your home.

How can I check the immigration status of someone?

To find out a person's immigration status, you can either use the E-Verify website or submit a FOIA request to the Department of Homeland Security (DHS). The method that is most appropriate for you will depend on your reason for needing this information.

What are the 4 types of immigration status?

To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented. The characteristics of each status are explained below.

What is meant by legal status?

Legal status. Refers to the legal identity by which a person, entity, association or company is recognised, with sufficient capacity for taking on obligations and carrying out activities that incur full legal responsibility, regarding themselves and third parties.

What are the 4 types of immigrants?

These Are the Four Types of Immigration Statuses in the US. When immigrating to the US, there are four different immigration status categories that immigrants may fall into: citizens, residents, non-immigrants, and undocumented immigrants.May 13, 2020

What can immigration officers see?

The officer will inspect your passport, looking for verification that you've been given permission to be in the U.S., as well as any information that might prohibit you from doing so. If entering on an immigrant visa, you will need to hand over the sealed, unopened envelope containing your immigration file.

Can immigration officer check my phone?

U.S. immigration officers have broad authority to search travelers' luggage and belongings when they enter the United States. That authority extends to cellphones, laptop computers, and tablets.

What questions do immigration officers ask?

Officers can ask a vast range of questions, but here are some examples:

How, where, and when did you meet your spouse?
Where did your first date take place?
How long did were you with your spouse before getting married?
When and where were you married?
Did you go on a honeymoon? ...
What is your spouse's current job?

More items...

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Jan 31, 2022

How to ask a lawyer about immigration?

ou make the best possible decision. Your questions should revolve around things like whether the lawyer you’re talking to: 1 Focuses specifically on immigration cases 2 Belongs to professional organizations related to immigration 3 Has a track record of honesty and looking out for his or her clients 4 Has experience in situations like yours 5 Will have time to take on your case

What should a visa immigration lawyer do?

The plan should include a timeline and defined deliverables. When you explain your case to an attorney, he or she will most likely have a good idea about what to do from the start – and after a good conversation, the attorney you’re working with will fine-tune a strategy that gets you the best possible outcome.

Does immigration law change?

The fact is that immigration law changes quickly – and new rules are implemented all the time. That means when a lawyer focuses on divorce, for example, he or she is more familiar with those aspects of law than with immigration law; that may not be good for your case. actice other types of law.

What is the adage that there is no substitute for experience in immigration law?

The adage that there is no substitute for experience is as true in immigration law as it is elsewhere. Knowing how immigration courts operate, understanding law enforcement, or even having gained the respect of the officials involved can put your case in a more favorable light. Attorneys who are familiar with court policies and procedures can navigate the system more easily than those who don’t – and it never hurts to work with a lawyer who has worked with immigration cases long enough to have earned a name for him- or herself.

What is the first step to solving your immigration problems?

Scheduling a free immigration consultation with a reputable immigration attorney is the first step to solving your immigration problems. The team at Davis & Associates is eager to answer all of your questions and guide you on what your options are.

What is the purpose of an initial visit?

The purpose of an initial visit is for you and the attorney to determine if representation makes sense, and for you to decide if the attorney is the right choice for you. Not all attorneys offer this consultation for free, though, so you should check before you start scheduling appointments with lawyers all over town.

Why is integrity important in law?

Integrity is important (especially because some attorneys accept cases and fees even when they believe there is no chance for success), and you want to work with an attorney who believes in what you’re trying to accomplish. Again, no attorney can guarantee a specific outcome.

Is immigration a business?

Immigration is a busy business. Millions of non-U.S. citizens deal with immigration-related issues every year. A good immigration lawyer may have a lot of clients to manage at one time, so it’s important to know who else will work on your case.

Can a lawyer guarantee a case will go in your favor?

This is an important question. While no lawyer can guarantee that a case will go in your favor, they should be able to give you an idea of whether or not you have a good chance of a successful outcome.

What happens if you don't apply for immigration?

If you do not, you may encounter delays, complications, or even refusals of your application. Your immigration lawyer understands the law and can help you figure these sorts of details out.

What is immigration law?

Immigration law is about more than just filling out forms and writing letters. Find out how your attorney plans work for you, and how you can help them. Ask them what they will do after your application is filed to ensure that it is processed in a timely manner and to improve your chances of success.

Is immigration stressful?

Immigration can be stressful and confusing. If you don’t understand something ask! And don’t feel like your questions are a bother to your attorney! You are helping both of you by asking as many questions as possible. Your attorney should listen to you and your concerns–that is part of their job.

Do you know your circumstances better than anyone else?

You and the immigration lawyer have different sets of knowledge. You know your circumstances better than anyone else and it is important for you to communicate them to your lawyer. Your lawyer knows immigration law and has insight into what will work for you. You might think one form is best, while your attorney might know of one that will meet your needs better

What time do you call a lawyer?

Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

Can I sponsor my fiance on an I-129F?

A fiance visa sponsorship requires that the couple meet in person within 2 years of filing the I-129F. She can travel to the USA or you can travel to meet her in the Phillipines. USCIS has a strict policy and there are very few execptions to this rule.

Can an immigration agent search you?

If an immigration agent asks if they can search you, you have the right to say no . Agents do not have the right to search you or your belongings without your consent or probable cause. If you’re over 18, carry your papers with you at all times.

Can you remain silent in the presence of an attorney?

You have the right to remain silent. You can also tell the agent that you’ll only answer questions in the presence of an attorney, no matter your citizenship or immigration status.

How to protect yourself from police?

Stay calm. Don’t run, argue, resist, or obstruct the officer, even if you believe your rights are being violated . Keep your hands where police can see them. Don’t lie about your status or provide false documents.

What do you need to show when you are pulled over?

If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status. Customs officers can ask about your immigration status when entering or leaving the country.

Do you have the right to remain silent?

You have the right to remain silent. If you wish to exercise that right, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself.)

Do you have to answer questions about where you were born, whether you are a U.S. citizen, or

You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

What to do if you are arrested by the police?

If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention.

Did Garcia address the 2002 statutes?

Given that the Garcia Court did not address the 2002 statutes at all, we must look to the employment context for guidance as to their application. Fortunately, the language to be found suggests a broad application of these protections.

What happened in Garcia v. Garcia?

In Garcia, the plaintiff, an undocumented farm worker, suffered serious injuries when the van he and other farm workers were being transported in was rammed by a flatbed truck. Garcia, supra, 2008 WL 783574 at 1. The truck had been driving on a private farm road, adjacent to the defendant’s ranch, that intersected with the public road the van was on Id.Plaintiff sued the defendant, alleging there was a duty owed to him and others to place a warning sign on its private road alerting drivers to the approaching intersection with the public road.

What is the California labor code?

California Labor Code Section 1171.5 (a) provides: (a)All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.

What to Ask in a Consult with an Immigration Attorney

What is your experience with immigration cases like mine? – Immigration law covers a number of different types of cases, from those involving requests for visas and naturalization to others related to deportation or removal from the U.S. Each of these cases can require extensive work, unique processes and potentially even courtroom representation.

Contact a Los Angeles Immigration Lawyer at the Hanlon Law Group, P.C

Do you need help with any immigration issues? If so, you can turn to a Los Angeles immigration lawyer at the Hanlon Law Group, P.C. by calling (626) 684-3712 or (866) 227-5527. You can also send us an email via the form on this page.