Santos Law Group, pc

Have a very Merry Christmas from all of us here at Santos Law Group.

DACA Rescinded: what does this mean and what to do next.

New York City immigration court granted our Motion to Reopen the case on a client that was deported 4 years ago! Looks like he will be reunited with his family here in the States for the holidays. It's good to see the system do the right thing.

A single entry in a personal diary can block a relative from entry into the United States. It is absolutely imperative that you consult with an experienced immigration lawyer before traveling to the United States.

Now more than ever, you need to talk to an experienced immigration lawyer about your status, your options, your family.

Benjamin Franklin once said: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

ATTENTION NON-CITIZENS: WHAT IS YOUR PLAN? If you are not a US citizen you should be planning now for what happens to your property, assets and, yes, even your children, if ICE comes knocking on your door. There are legal documents available that you can have drafted in advance to ensure that your property is protected and your children are cared for by someone you choose and trust. Talk to an experienced lawyer about your legal options; call our office today for a consulta...tion. ATENCIÓN NO CIUDADANOS: ¿CUÁL ES SU PLAN? Si usted no es ciudadano de los Estados Unidos, debe planificar ahora lo que le sucede a su propiedad, bienes y, sí, incluso a sus hijos, si ICE viene a llamar a su puerta. Hay documentos legales disponibles que usted puede haber redactado con antelación para asegurarse de que su propiedad está protegida y sus hijos son atendidos por alguien que usted elija y confíe. Hable con un abogado con experiencia sobre sus opciones legales; Llame a nuestra oficina hoy para una consulta.

Padilla v. Kentucky Is Back: is a non-Citizen's Right to clear and accurate advice regarding immigration consequences of a criminal matter absolute? The New York Times reported today that the US Supreme Court agreed yesterday to hear a case on the consequences of bad legal advice on whether a criminal conviction would result in deportation. The defendant, Jae Lee, had moved to the United States from South Korea with his family in 1982, when he was 13. After graduating from ...high school, he became a small-time drug dealer. He was a lawful resident but not a citizen. He was prosecuted for possessing the drug ecstasy with the intent to distribute it, and his lawyer urged him to plead guilty in exchange for a lighter sentence. The lawyer falsely told Mr. Lee that he would not be subject to deportation after he served his sentence, which turned out to be a year and a day. On learning the truth, Mr. Lee filed a motion to vacate his conviction, arguing that he had received ineffective assistance of counsel. The US Court of Appeals for the 6th Circuit held Mr. Lee had suffered no prejudice, as the correct legal advice would not have helped him. Had he gone to trial, the court said, he would have lost and still have been deported. SCOTUSBlog notes that Lee v. United States, No. 16-327, should be argued in late winter or early spring.

CAN NON-CITIZENS VOTE? 18 U.S. Code 611 specifically states that "It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President." There are only three very limited instances when a non-citizen can vote: 1) if both your natural or adopted parents are US citizens, 2) if you have been a legal permanent resident prior to the age of 16, and, 3) you honestly believed that you were a bonafide U...S citizen when you voted. This being said, if you are a non-citizen and have been told that you will not get caught if you vote (or that voting grants immediate citizenship), there is a whole battery of exclusionary questions in every immigration application (and directly at every subsequent interview with USCIS) on whether you voted; and if you lie during on an immigration application or interview do not be fooled into thinking that the Department of Homeland Security will not find out because they will and when they do, you will lose whatever immigration benefit you have in hand; and yes, even your Green Card and US Citizenship can be taken away, with you being placed into deportation proceedings. The sanctity of the vote strictly applies only to US citizens; non-citizens will not be given grace on this point by immigration officials when you interview for your Green Card or Naturalization: so think very carefully before you risk your future and that of your family. If you or someone you know has illegally voted in an election or has been caught up in a voting scam, call our office immediately for a free consultation. See more

We all should remember the story of the person arrested by NJ Troopers for choosing to remain silent when questioned: so what are your rights when you are stopped in your car by a police officer - and in Pennsylvania in particular? These rules apply to both US citizens and non-citizens, where appropriate. FIRST Be polite and calm. Never lie to a police officer or immigration agent.... Do not carry false ID. If you are over age 18 and have immigration documents, carry them with you at all times. Carry the name and phone number of a criminal defense attorney (if you are a US citizen) or a crimmigration attorney (if you are not a US citizen) who will take your calls. VERY IMPORTANT: Keep a copy of all your immigration documents with someone you trust and can call if you are detained by immigration. SECOND: Police officers may ask for your name, driver’s license, vehicle registration and proof of insurance. You must show these documents if you have them. You do not have to answer any other questions (including the classic question, " do you know why I stopped you?"), or show any other documents. You should not answer any police officer’s questions about your immigration status. If a police officer writes up a citation, he will ask you to sign the citation. This is not an admission of guilt; you are just agreeing that you received it. If a police officer questions a passenger, that person should ask if he can go. If the police officer says yes, the passenger should sit silently or leave. If a police officer says that the passenger is not free to go, he may say that he wishes to remain silent and ask for a lawyer immediately. The passenger may hand the police officer their attorney’s card. The passenger has the right not to answer any questions the police officer may ask. In Pennsylvania, the passenger does not have to give information such as his name, address or immigration status. If you are undocumented and a police officer phones immigration and puts you on the phone with an immigration agent, you should only say I am going to remain silent. Due process applies to everyone, regardless of whether you are a US citizen or not. If you have any questions call our office and mention this Facebook article for a free 30-minute consultation.

"The greatest danger to American freedom is a government that ignores the Constitution." - Thomas Jefferson