Tuesday, September 19, 2006
San Diego DUI News: Protect your Green Card
Protecting your green card is vital during this period of American history.
The Department of Homeland Security (DHS) is under severe political, and public pressure to strictly enforce any violations of lawful permanent resident status (green card). Violations of the rules may result in the loss of green card status.
Green card holders do not have the same rights as U.S. citizens in criminal legal matters and freedom of residency. In matters involving the law, any felony and some misdemeanor convictions can result in the loss of a green card. Driving under the influence of alcohol and drugs (DUI) could result in removal proceedings in an immigration court (especially if a child is in the vehicle or an injury occurs). Multiple drunk driving arrests, without injuries involved, can also result in removal proceedings by the DHS. Presenting a false identification to a police officer or other public official can also initiate an attempt by the government to take away someone’s green card.
A person who has a green card really cannot afford any problems with law enforcement authorities with the exception of minor, misdemeanor traffic tickets. In this day in age, many people are finding out the hard way, that even past brushes with the law will result in removal proceedings. It is now quite common for people with green cards to be stopped at immigration when returning to the U.S. because of a past arrest or conviction. The US VISIT requirements will soon require all green card holders to be electronically fingerprinted when re-entering the U.S. to check their identification and compare their fingerprints against any previous arrests.
Green card immigrants are also checked for residency in the U.S. It is important to inform the DHS through the immigration service each time you change your place of residency. This is a something that people often forget to do. If you move, you are required to file a form (called AR-11) and send it to the immigration service in London, Kentucky. Presently, the DHS is not attempting to remove people who forget to do this, but this could happen in the future. That is why you should give them your change of address now, before it becomes a major issue.
People who leave the U.S. for more than six months are also subject to increased questioning about their length of departure from the U.S. upon re-entering. Green card holders are required to maintain continuous residence in the country in order to maintain their status as permanent residents.
The question is this. Have they relinquished their residency, or broken their continuous residency by being away from the U.S. for more than six months? If you are away for more than six months, you will need to give the reason that your were gone for such a long time. A family member’s illness or extended schooling would most likely be judged as reasonable reasons by immigration, but you should have some documentary evidence of the facts. If you are out of the country for a year or more, you will automatically lose your green card as a matter of law. A one-year absence from the U.S. is deemed as evidence that you have given up your permanent residence. If this happens, then you would have to start all over. A sponsor would have to file a new petition on your behalf and wait for the required priority dates.
There are some exceptions to this. You would need to go to the U.S. embassy and prove unusual circumstances that kept you from returning to your residency in the U.S. Allowable exceptions are few and the reasons would have to be extraordinary for the embassy to grant an exception and give you entry papers to the U.S. Attempting to enter the U.S. after a one year absence will not be possible unless the embassy allows it.
Students going to school abroad will be allowed to return if they go to the embassy when they start school and receive special permission in advance to study and stay outside the U.S. for more than a year because they are in school.
Attorney Glenn Rose was born in Manila and came to the U.S. when he was six years old. He is a naturalized citizen. His office is located in downtown San Francisco at 580 California St. He is a member of the American Immigration Lawyers Association and American Bar Association. He is experienced in securing green cards for people and is also experienced practicing before immigration courts. His web site is: www.immigrationlawattorney.com
San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.
San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122
San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.
San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122
The Department of Homeland Security (DHS) is under severe political, and public pressure to strictly enforce any violations of lawful permanent resident status (green card). Violations of the rules may result in the loss of green card status.
Green card holders do not have the same rights as U.S. citizens in criminal legal matters and freedom of residency. In matters involving the law, any felony and some misdemeanor convictions can result in the loss of a green card. Driving under the influence of alcohol and drugs (DUI) could result in removal proceedings in an immigration court (especially if a child is in the vehicle or an injury occurs). Multiple drunk driving arrests, without injuries involved, can also result in removal proceedings by the DHS. Presenting a false identification to a police officer or other public official can also initiate an attempt by the government to take away someone’s green card.
A person who has a green card really cannot afford any problems with law enforcement authorities with the exception of minor, misdemeanor traffic tickets. In this day in age, many people are finding out the hard way, that even past brushes with the law will result in removal proceedings. It is now quite common for people with green cards to be stopped at immigration when returning to the U.S. because of a past arrest or conviction. The US VISIT requirements will soon require all green card holders to be electronically fingerprinted when re-entering the U.S. to check their identification and compare their fingerprints against any previous arrests.
Green card immigrants are also checked for residency in the U.S. It is important to inform the DHS through the immigration service each time you change your place of residency. This is a something that people often forget to do. If you move, you are required to file a form (called AR-11) and send it to the immigration service in London, Kentucky. Presently, the DHS is not attempting to remove people who forget to do this, but this could happen in the future. That is why you should give them your change of address now, before it becomes a major issue.
People who leave the U.S. for more than six months are also subject to increased questioning about their length of departure from the U.S. upon re-entering. Green card holders are required to maintain continuous residence in the country in order to maintain their status as permanent residents.
The question is this. Have they relinquished their residency, or broken their continuous residency by being away from the U.S. for more than six months? If you are away for more than six months, you will need to give the reason that your were gone for such a long time. A family member’s illness or extended schooling would most likely be judged as reasonable reasons by immigration, but you should have some documentary evidence of the facts. If you are out of the country for a year or more, you will automatically lose your green card as a matter of law. A one-year absence from the U.S. is deemed as evidence that you have given up your permanent residence. If this happens, then you would have to start all over. A sponsor would have to file a new petition on your behalf and wait for the required priority dates.
There are some exceptions to this. You would need to go to the U.S. embassy and prove unusual circumstances that kept you from returning to your residency in the U.S. Allowable exceptions are few and the reasons would have to be extraordinary for the embassy to grant an exception and give you entry papers to the U.S. Attempting to enter the U.S. after a one year absence will not be possible unless the embassy allows it.
Students going to school abroad will be allowed to return if they go to the embassy when they start school and receive special permission in advance to study and stay outside the U.S. for more than a year because they are in school.
Attorney Glenn Rose was born in Manila and came to the U.S. when he was six years old. He is a naturalized citizen. His office is located in downtown San Francisco at 580 California St. He is a member of the American Immigration Lawyers Association and American Bar Association. He is experienced in securing green cards for people and is also experienced practicing before immigration courts. His web site is: www.immigrationlawattorney.com
San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.
San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122
San Diego Drunk Driving Attorney Rick Mueller and his San Diego County DUI Law Center welcome you to see complete San Diego drunk driving attorney & San Diego DUI lawyer information for those accused of DUI in San Diego.
San Diego DUI attorney information could help you deal with the San Diego DMV (Department of Motor Vehicles) and save your driver's license:
Why use the San Diego DUI Attorney Specialist in DUI and DMV Law
http://www.sandiegoduilawyer.com/why.html
List of San Diego DUI Attorney Victories and Driver's Licenses Saved in Past Few Years http://www.sandiegoduilawyer.com/victory.html
What you must do within 10 days of being arrested for a San Diego DUI http://www.sandiegoduilawyer.com/10days.html
San Diego County DMV and Courts
http://www.sandiegoduilawyer.com/courts.html
San Diego DUI Breath Test Defenses http://www.sandiegoduilawyer.com/defenses.html
San Diego DUI Blood Test Defenses
http://www.sandiegoduilawyer.com/blood.html
You could take the Free San Diego DUI Survey at http://www.sandiegoduilawyer.com/survey.html
San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
http://www.SanDiegoDUI.com - Excellent San Diego DUI information source for San Diego county drunk driving arrest. Rights, Laws, Defenses, Penalties, DMV, Court, Military, DUI Boating, Helpful Tips and other comprehensive information. Vigorous DUI lawyer who can save your license and keep you out of jail.
Call 1-800-THE-LAW-DUI (1-800-843-5293) for a free San Diego DUI consultation http://www.1800thelawdui.com.
For help with your San Diego DUI, visit http://www.SanDiegoDUIHelp.com.
For San Diego DUI news, visit http://www.sandiegoduihelp.com/duiblog/.
Rick Mueller, DUI Specialist (cell: 619/218-2997)
4660 La Jolla Village Drive Suite 500, San Diego, CA, 92122
| This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm. |
