Jersey City, NJ- If you’ve been arrested and charged with a DWI in New Jersey you are likely aware of the tough road ahead of you. New Jersey has strict DWI laws with serious penalties, including jail time, license suspension, and costly fines. The legal ramifications are just one facet of a DWI charge; it can affect your job, your personal life and your future. Don’t take this charge lightly, and hire a New Jersey DWI attorney to work on your defense.
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Local Authorities Refuse to Honor Immigration Detainers
Newark, NJ- Amid outcries to end deportations for non-criminal offenders, and concerns over constitutionality, Colorado law enforcement officials in several jurisdictions have decided they will no longer detain immigrants at the request federal immigration authorities. This decision on behalf certain Colorado jurisdictions is the latest in a growing list of local law enforcement agencies that have moral and constitutional objections to immigration detainers.
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Obtaining a Family-based Green Card in New Jersey
Newark, NY- Being a legal permanent resident or green card holder has numerous benefits for an immigrant that include being able to work in the U.S. and travel freely overseas. Becoming a green card holder is an ultimate goal of many immigrants, who can apply for permanent residency with the sponsorship of an employer, relative or fiancé. After submitting their visa application, the majority of immigrants must wait until a visa number is available. However immediate relatives of U.S. citizens of permanent residents do not have to wait until a visa number is available.
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Applying for Asylum in New Jersey
Newark, NJ- Asylum is a special immigration status granted to individuals who left, or cannot return to, their native countries out of fear for their personal safety and fear they face further persecution if they return. The United States limits the number of immigrants granted asylum each year and requires a significant amount of proof when applying for this status.
Immigrants may request asylum at a port of entry, within one year of entry to the United States, or within one year of a changed circumstance in the native country if they have been in the U.S. for more than one year.
New Jersey Domestic Violence
Newark, NJ- Domestic violence is an issue that affects men, women and children. The justice system takes such charges seriously. In New Jersey, domestic violence laws are strong and strictly enforced.
New Jersey’s Prevention of Domestic Violence Act of 1991 (N.J.S.A. 2C:25-17, et. seq.) defines domestic violence as one or more criminal offenses (listed below) committed against a person in a protected class. Protected classes include current and former spouses, roommates, girlfriends and boyfriends and two people who share a child or are expecting.
Domestic violence is not a stand-alone charge; rather, it is one or more of the following charges that occurs between parties with a qualifying relationship:
- homicide
- assault
- kidnapping
- terroristic threats
- sexual assault
- criminal restraint
- false imprisonment
- criminal sexual contact
- lewdness
- criminal mischief
- burglary
- criminal trespass
- harassment, and
- stalking
Temporary restraining orders (TRO) are routinely issued when a person is charged with domestic violence. A temporary restraining order can bar a person from returning to their home, will restrict their movements, and forbid the charged individual from having contact with the victim and the victim’s family. Under state statutes, a final restraining order can be issued within ten days, after a hearing before a Superior Court judge. Before you appear in court, you can contact me at my Newark office and we can discuss the possibilities and importance of preventing issuance of a final restraining order.
Penalties for conviction of domestic violence charges can entail removal from your home, incarceration, hefty fines and loss of child custody. Domestic violence convictions can affect educational and career opportunities, the right to possess firearms and other weapons, and loss of your voting rights if severe.
In United States v. Castleman, No. 12-1371, decided on March 26, 2014, the U.S. Supreme Court reaffirmed that a charge for a misdemeanor crime of domestic violence barred an individual from possessing firearms as previously established. The court’s primary task was to clarify what constituted domestic violence.
The man at the center of the case, James Castleman challenged a federal gun charge indictment. He contended that his conviction for “misdemeanor domestic violence” was not legally sufficient to deny him his right to own a gun because Tennessee laws do not require proof of physical force for such a charge. Gun laws are different in every state, oregon gun laws, for example, differ from Tenesseee, so if the incident had happened in another state the outcome could have been different.
The majority opinion, written by Justice Sonya Sotomayor, concluded that domestic violence may begin with relatively minor assaults such as painful pinching or squeezing that “one might not characterize as ‘violent’ in a nondomestic context.” But because domestic violence often begins with minor acts that can escalate to more violent acts, a broader definition of domestic violence was necessary.
While the high court concluded that misdemeanor domestic violence convictions are enough to bar a person from owning a gun, the Court also made clear such offenses are not crimes of violence that would classify them as domestic violence convictions under immigration law.
A conviction for domestic violence charges can drastically change your life, and should not be taken lightly. The high court’s decision makes it clear that any person facing domestic violence charges even if considered a misdemeanor should have a strong effective defense. Making sound decisions in such an emotionally charged situation can be difficult so you need the objectivity towards your case I can provide.
I have a thorough understanding of New Jersey statutes and understand the implications a domestic violence charge can have on your life. Protecting your rights is important to me and I will approach your case and defense with those rights in mind. Any New Jersey resident who requires a domestic violence defense can contact me at my Newark office.
Scams Target New Jersey Immigrants
Newark, NJ- Many immigrants have encountered “notarios” or “immigration consultants,” and have wondered if these so-called “experts” can help them with their immigration petitions. Immigrants are often at a disadvantage when they embark on the complicated task of gaining legal status. They have little knowledge of the United States’ immigration system, and language barriers can make them vulnerable to fraud. Immigrants can be bilked of their hard-earned money by fraudulent immigration schemes, and never reach their goal of attaining legal status.
Recently, a paralegal working in New Jersey and Pennsylvania was accused of recruiting undocumented immigrants and filing fraudulent immigration petitions on their behalf.
The paralegal at the center of the case, Maria James, convinced immigrants she vowed to help to lie on their immigration forms. James, who spoke Spanish, made claims of spousal abuse in immigration petitions. To strengthen those claims, she would make up her clients to appear as though they were the victims of spousal abuse. She would then photograph them and include those photos with their petitions. James also engineered sham marriages, took photos of the “happy” couple, and altered utility bills, leases and bank statements to give the appearance of a legitimate marriage.
James operated like this for over two decades, but her scheme eventually came to light, and now she is facing federal mail fraud charges.
Paralegals and notarios, who parade as experts in immigration law may only have a cursory knowledge of the United States’ immigration system, and are not capable of giving sound legal advice on immigration matters. The sole purpose of these fraudulent immigration schemes is to take an immigrant’s money.
In Spanish-speaking countries “notarios” are attorneys; they are educated and are licensed to practice law. But in the U.S., many “notarios” do not have any legal training; they do not have the knowledge of the immigration laws necessary to assist clients with their petitions. They, along with other unethical people or businesses who claim to be “immigration consultants,” will charge an immigrant exorbitant fees, but never file their petitions or will file petitions incorrectly or fraudulently.
Frequently, these scam artists jeopardize an immigrant’s chances of ever obtaining a visa or green card. Knowingly or unknowingly submitting an immigration application with false information can bar an immigrant from obtaining legal status permanently. Immigrants who find themselves enveloped in legal issues may desire legal representation from the likes of Quijano Law to assist them with sorting out their legal status and various other aspects of immigration.
Getting a visa or green card is not only as simple as filling out an application. Immigration cases can become complex and immigrants may need assistance beyond just filling out a petition. Paralegals and notarios cannot help an immigrant with a deportation defense or appear before an immigration court if their petitions require judicial review. For these immigration services, immigrants need an attorney who is well-versed in the country’s immigration laws, and is willing to take all the steps necessary to assure their clients secure legal status.
Immigration scams are nothing new, but with the recent push for immigration reform, fraudulent schemes that targets immigrants are on the rise. There are a number of scams the United States Citizenship and Immigration Services cautions immigrants to be wary of; they include phone scams, websites that charge costly fees for free immigration petitions and businesses that promise they can assure your immigration petitions are processed quickly.
I understand the complexity of immigration laws and will give each client my individual attention. I will do the work necessary and increase their chances of success. Immigrants in Newark, Jersey City or anywhere in New Jersey who need help with their immigration petitions or require a deportation defense can contact my office and discuss their case.