Category Archives: Tulsa Immigration Attorneys

Oklahoma Criminal Convictions and Immigration

If you are not a U.S. citizen, you face disastrous consequences for criminal convictions and immigration status.  A criminal conviction may prolong the green card process. It may also foreclose your ability to become a legal resident or cause your removal from the country. Only an experienced immigration attorney can advise you on the potential consequences of criminal convictions and immigration.

Arrested While On a Visa:

When arrested for a crime, your arrest information enters the FBI’s criminal database. Law enforcement agencies around the world will have access to this information. This includes the Tulsa Police Department, Oklahoma Criminal Convictions and ImmigrationCourt Services, and the federal United States Department of Homeland Security (‘DHS’). If DHS learns of your arrest, they may attempt to find you and detain you. Usually Immigration and Customs Enforcement (‘ICE’), a division of DHS, investigates aliens accused of committing crimes in the United States.
If you are released on personal recognizance in your criminal case you’re not out of the woods.  ICE may come to your home and place of work to hunt you down. If the Tulsa County Jail holds you pending trial, ICE may seek to transfer you to a federal immigration detention facility.

Detained by ICE:

When you are held by ICE, your Oklahoma state criminal case is stayed pending your release from ICE. ICE will not transfer you to Oklahoma court so that you can appear for hearings, so the Oklahoma case will wait for you to be released before proceeding. ICE does not detain every immigrant upon arrest. Often times, ICE awaits the outcome of the criminal case. If the immigrant pleads guilty or receives a conviction, especially if the charges are for violent offenses, ICE begins the removal process.

Detained aliens do not receive the same protections as criminal defendants. Because the immigration removal process is a civil proceeding, it is not accompanied by the constitutional protections surrounding criminal prosecutions. You do have the right to an attorney, but the government will not appoint you with a free one if you cannot afford one. It will instead be your responsibility to find your own attorney, though DHS will provide you with a list of free or cheap immigration attorneys in the Oklahoma area. If English is not your native language, you will also have the right to an interpreter. If you wish to call the consulate for your country, you may do so. Finally, you have the right to examine the evidence against you, present your own evidence, and cross-examine any government witnesses.

Possible Deportation Without a Hearing:

Depending on your immigration status, you may or may not receive a hearing before an immigration judge. If you are not eligible for a hearing, an enforcement officer will review your case and make a decision on whether to have you deported. If you are eligible for a hearing, the immigration judge will read your charges. Your charge will be that you violated conditions of your visa by committing a crime. You must admit or deny the charge. If you are under arrest but receive no conviction, then the government must prove your commission of the crime.  Or if you’ve been convicted, the government can simply admit proof of your conviction, such as a jury verdict order from an Oklahoma state court.

If the judge thereafter finds you committed the charge, you may be eligible for removal. However, the judge will first decide whether you meet any of the potential avenues for protection from removal. Examples of some of the forms of protection include a long history of law-abiding residency and evidence of good moral character.

Free Consultation ; Call Our Criminal Convictions and Immigration Attorneys

If you receive charges of a crime, you need to seek the counsel of a Tulsa immigration attorney who understands the complications of criminal convictions and immigration removal efforts. In addition, a skilled immigration attorney can advise your criminal defense attorney on the possible consequences you face as a result of a conviction.

Fiance Visa

Getting married is embarking on a new journey in your life.  All weddings are supposed to be special and memorable.  United StatesFiance Visa citizens who marry fellow citizens can get married essentially whenever they want.  However, United States citizens who are marrying non-citizens currently living outside of the United States must go through a complicated and strict process in order to bring their fiancé to the United States.  In order to bring your fiance to the United States and have your wedding ceremony therein, you will have to complete Form I-129F, which is a Petition for Alien Fiancé(e), and your fiance will have to complete a K-1 Fiance(e) Visa application.  Along with your fiancé’s application, you must provide the following documentation:

  • Form DS-160 – Online Nonimmigrant Visa Application;
  • A valid passport for travel;
  • Divorce and/or death certificate(s) of prior spouses (both for the United States citizen and the non-immigrant fiance);
  • Police certificates;
  • Medical examination;
  • Evidence of financial support;
  • Two passport-sized photographs;
  • Evidence of the applicant’s relationship to the United States citizen; and
  • Payment of fees.

Potential Issues With The Fiance Visa:

Ordinarily, if the applicant successfully provides all of the necessary documentation, his or her application is likely to receive approval.  However, there are some countries where there is a high rate of fraudulent K-1 visa applications.  In these countries, the United States Consulate takes a much closer look to ensure that the relationship between the United States citizen and the non-immigrant fiancé is one hundred percent valid.

If you or your fiancé is from one of these countries, you should take all steps possible to provide substantial documentation that your relationship is legitimate (such as correspondence in the form of emails, text messages, phone calls, online chats, etc., photographs of the couple with and without their family and friends, affidavits from family and friends attesting to the validity of the relationship, and evidence of financial ties, among others).  An Oklahoma Immigration Attorney can provide you with the support and guidance necessary to complete the K-1 visa application process.

What If the K-1 Fiance(e) Visa Application is Denied?

If you or your fiance receives a denial of a K-1 visa, you have somewhat of an uphill battle to lawfully enter the United States.  There is no appeal process for the denial of K-1 visa applications because the process is entirely discretionary.  A United States Consulate official may believe the documentation provided is insufficient to prove a valid relationship exists between the United States citizen fiancé and the non-immigrant fiancé, regardless of whether or not this is true.

Appealing a Denied Fiance Visa:

While there is no appeal process, the non-immigrant fiancé may reapply for the K-1 visa.  By reapplying, this requires a completely new application with the same supporting required documentation.  You will also have to pay the same application fees.  The United States Consulate will have record that the first application was a denial.  This may be one strike against you. However, if you provide even more documentation than the first application, and more time passes, proving a steady relationship with your fiancé since the first application denial, you are providing the Consulate with valid reasons as to why the application should receive approval.

If you or your non-immigrant fiancé fears a denial of the second K-1 visa application, you may consider marriage outside of the United States.  By doing so, the non-immigrant spouse can then apply for a different type of visa that allows him or her to lawfully enter the United States.  A marriage strongly indicates the validity of the relationship.  This makes the approval process much more likely than for a normal K-1 fiancé visa.  To ensure you fully understand the visa application process and the consequences of denial, you may consider consulting with an Oklahoma Immigration Attorney with experience helping individuals obtain the visas they need to lawfully enter the United States.

Contact  a Tulsa Fiance Visa Attorney:

If you need help with a Fiance visa, or another immigration issue, Attorneys at Tulsa County Lawyers  can help. Call today an arrange a free consultation with an Immigration lawyer today! 918-379-4864