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Immigration and detention laws in America are in a state of flux and may change without warning. You may not understand your immigration status, even if you have lived and worked here for years. If detention or removal proceedings affect you, an immigration attorney could explain your rights and help protect them.

An Elgin immigration detention lawyer at Godoy Law Office is here for you and your loved ones during these unsettled times. Your case may depend on several factors, including how long you have lived in the United States, whether you have a green card, and whether you have a criminal history. Our immigration attorneys could provide legal assistance if you have received a Notice to Appear or if U.S. Immigration and Customs Enforcement agents have contacted you about your immigration status.

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    Can a Criminal History Affect My Immigration Case?

    Certain state criminal convictions can affect an individual’s federal immigration case, even after he or she serves the sentence and completes parole. Offenses that may harm the case or lead to removal include:

    • Aggravated felonies, which may trigger removal proceedings after sentence completion
    • Crimes involving moral turpitude, meaning offenses involving inherently dishonest or fraudulent conduct or a breach of trust, such as kidnapping, human trafficking, or money laundering
    • Offenses involving illegal narcotics, including possession, distribution, manufacture, or sale, although a narrow exception may apply to possession of marijuana for personal use
    • Immigration-related offenses, such as providing false information on immigration documents, possessing falsified documents, or threatening national security

    A record of these offenses may create immigration problems even if immigration authorities did not previously deport the individual. Speak with an attorney in Elgin who handles immigration detention cases to discuss how a criminal record may affect your status.

    Your Rights During Detention

    If state or federal immigration agents detain you, you have certain legal rights that can help protect you during the detention and immigration process.

    • The right to remain silent: After providing identification, you generally have the right to refuse to answer questions from immigration agents. You do not have to discuss your immigration status or other personal information without legal advice.
    • The right to provide identifying information: A non-U.S. citizen should provide his or her Alien Registration Number (A-Number), which can help family members locate the individual. A U.S. citizen or lawful permanent resident should provide the appropriate identification number.
    • The right to legal representation: The government does not have to provide an attorney for someone in immigration detention. However, a detained individual has the right to obtain legal representation. An immigration detention attorney in Elgin can represent the individual after he or she is taken into custody and work to protect his or her rights and fight deportation.
    • The right to refuse to sign documents: A detained individual generally should not sign immigration documents he or she does not understand. If the individual is unsure what a document says or means, he or she can refuse to sign it until an attorney has reviewed and explained the document.

    Understanding these rights can help a detained individual avoid making decisions that could negatively affect his or her immigration case. Speaking with an Elgin immigration detention attorney as soon as possible can provide guidance on the next steps.

    Call an Immigration Detention Lawyer in Elgin for Help

    The consequences of immigration detention can be frightening for you and your loved ones. At Godoy Law Office Immigration Lawyers, we work to make the process less difficult. An Elgin immigration detention lawyer could advocate for you at an immigration hearing or help seek a loved one’s release from a detention center. Call us today for a confidential consultation about immigration detention, criminal charges, and their potential immigration consequences.

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