The Social Security system is in place to help us through difficult times. Unfortunately, there are some instances in which the system makes our lives even more difficult than they need to be. The day I received the denial letter for my claim, I wasn't sure what I was going to do. After talking with a few friends, I contacted a lawyer. That was the best decision I had ever made. Even with the professional assistance, getting the denial overturned and getting the money that I was owed took several months. I have kept a clear journal of my experience and loaded it with information that can help others get through what can be an impossible time.
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Social security denial - a journal of assistance
How to Have Charges Dropped for Illegal Reentry to the United States
Alexis Garcia
When you are barred from re-entry to the United States, regardless of the reason, attempting to enter the United States in the future can lead to various severe consequences. If you are facing these charges, you'll want to immediately seek advice from a criminal defense attorney specializing in these types of crimes.
1. Deportation Cases Vs. Illegal Reentry Cases
If you are being deported, your case will be handled by an immigration judge. However, if you are being charged with illegal entry, your case will be handled by a higher federal court judge. This is because you will not necessarily have committed a crime if you are simply being deported.
The federal court has much more authority than the immigration court. Also, the federal case is conducted in a manner that is very different from a criminal case. However, the federal government also has a higher burden to prove that you committed a crime.
2. How to Beat the Charges
To be charged with illegal reentry, the judge will need to prove that you were denied reentry. In some cases, the US government makes a mistake and believes they denied you reentry when they actually haven't. A criminal defense attorney can investigate to find out if you were actually denied reentry.
There will need to be an order that you be excluded, deported, or that you be removed from the United States. A lack of evidence of this order can be used to have your illegal entry charge dismissed.
You will also have Constitutionally protected rights that must not be violated. For example, your attorney might argue that you were the victim of an illegal search and the violation of your rights may lead to your charges being dropped.
3. Consider Waivers
There are sometimes waivers that can be used to allow you to avoid deportation. For example, you may have applied for a waiver under the "extreme hardship" rule. If your attorney can prove that you had a waiver and were mistakenly deported, you may be able to argue that your charges should be reduced or dismissed.
The consequences for illegal entry not only include your eventual deportation but may also include a fine and several years in prison. If you had a criminal conviction, you are required to serve a minimum of 20 years in prison. Therefore, it is important to fight hard to beat your criminal charges.
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