Whatever Your Immigration Court Case Status we can Help Your Attorney With Legal And Case Research
If the United States Citizenship and Immigration Services (USCIS) has lodged a detainer against you as the result of your conviction on a case 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.
- Most importantly, it also means that when you do complete the serving of your sentence you will be turned over to USCIS to be deported to your home country.
- If you need help for immigration matters, NLPA is here for you to assist your counsel in any legal research necessary. NLPA has been assisting attorneys in immigration cases for more than two decades and has reputed research results in helping our clients to achieve success in their cases.
NLPA, can help your counsel in combating your detainer and the removal proceedings you will face.
With the passage of the Anti-Terrorism, Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) in 1996 and 1997 respectively, it has become very difficult to remain in the United States following about any conviction.
The former waiver of removal available under INA § 212(c) no longer exists for anyone convicted after 1996. Also, if you served more than 60 months in prison you may not be eligible for §212(c) relief, regardless of when you were convicted. But all is not hopeless with experienced professional representation guiding you through the many USCIS procedures, you still have a chance to avoid removal or remain in the United States for many years.
In November 2000 the INS issued regulations which provide that, although a person might normally be subject to being deported once he has been convicted of a crime and served his sentence, it may be appropriate for the INS to exercise prosecutorial discretion and permit that person to remain in the United States.
On June 25, 2001, the United States Supreme Court issued an important new ruling in the case of INS vs. St. Cyr where the Supreme Court ruled that the new restrictions imposed by the AEDPA concerning a person who is not a United States citizen.