Expungements in Michigan

INTRODUCTION

In Michigan, expungement (or "setting aside a conviction") for certain offenses is possible, but it depends on various factors, including the type of offense and the individual's criminal history.

Key factors for eligibility:

- Type of Offense: Some offenses, including serious felonies or repeat offenses, may not be eligible for expungement.

- Time Requirements: Typically, at least five years must have passed since the completion of your sentence, including probation, or since your release from incarceration.

- Number of Convictions: The individual must meet the criteria regarding the number of prior convictions to be eligible for expungement.

Michigan Compiled Laws (MCL) for Expungement:

The relevant Michigan law for expungement is found under MCL 780.621. This statute outlines the process and requirements for setting aside a conviction in Michigan which is outlined below in detail.

1. Eligibility

   - You can expunge up to 3 felony convictions and an unlimited number of misdemeanors (with some exceptions for more serious offenses).

   - Some crimes are ineligible for expungement, including:

     - Felonies punishable by life imprisonment.

     - Child abuse, criminal sexual conduct, human trafficking, and terrorism-related offenses.

     - Certain traffic offenses, such as DUIs.

     - IMPORTANT TIP: EXPUNGEMENTS AFFECT NON-UNITED STATES CITIZENS VERY DIFFERENTLY. IT IS IMPORTANT TO CONSULT WITH AN EXPERIENCED IMMIGRATION AND CRIMINAL DEFENSE ATTORNEY TO SEE IF AN EXPUNGEMENT IS APPLICABLE IN YOUR CASE.

Waiting Periods:

   - Felony convictions: Must wait 7 years after completing all terms of your sentence (including probation and parole).

   - Misdemeanor convictions: Must wait 3 to 5 years (depending on the offense) after completing your sentence.

2. Necessary Documents

   - Certified copies of your conviction(s): You will need certified copies of your criminal record for each conviction you are trying to expunge. This can be obtained from the court where you were convicted. This fee is usually $10 per page.

   - Criminal history report: Obtain a copy of your criminal history from the Michigan State Police. This can be requested online and the fee is $10 per search.

   - Fingerprinting: You will need to be fingerprinted as part of the process. This can be done at a local law enforcement agency or through a private fingerprinting service.  This fee is usually $10-$30.

   - Application form: Fill out the application to set aside your conviction. The form is available from the Michigan courts website. 

3. File the Petition

   - Complete the Application to Set Aside Conviction (SCAO Form MC 227).

   - File the petition in the court where you were convicted. You’ll need to file a separate petition for each conviction you want to set aside.

   - There is usually a filing fee for submitting the petition. It can vary by county.  The fee in Wayne County is $50.

4. Serve Copies

   - You will need to serve copies of your petition on the Michigan Attorney General, the prosecutor’s office in the county where you were convicted, and the Michigan State Police.  This ensures that all parties are notified of your request for expungement.

5. Court Hearing

   - After filing the petition, the court will schedule a hearing. At this hearing, the judge will decide whether to grant your request to set aside the conviction.

   - You may need to attend this hearing in person or by zoom and explain why you are seeking an expungement.

   - The prosecutor or the victim (if any) can object to your expungement request and may send in statements or appear at this hearing to speak.

6. Judge's Decision

When determining whether to grant your request to set aside the conviction, the judge will consider factors such as:

     - The nature and severity of the crime.

     - Your behavior since the conviction.

     - Whether granting the expungement is in the best interest of the public.

 **If the judge grants your expungement, your criminal record for that conviction will be sealed.

7. Post-Expungement

If the court grants your expungement, it may take time for the conviction to be fully removed from public records.  Michigan State Police will update your criminal record to reflect the expungement.  Some private background check agencies may still have records of your conviction until their databases are updated.

8. Follow Up

Make sure to check that the conviction has been removed from your public record by obtaining a copy of your criminal history.

CONCLUSION

Each case is unique, so it may be helpful to consult with our experienced lawyers to ensure your petition is properly filed. Additionally, the Michigan Attorney General’s office and many local organizations offer assistance with the expungement process.

Resources:

   - Michigan's Application to Set Aside Conviction

https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc227.pdf

   - Michigan’s upcoming expungement fairs

https://www.michigan.gov/ag/initiatives/expungement-assistance/upcoming-expungement-fairs

Understanding Biden's Executive Order Impacting Undocumented Individuals Married to US Citizens

In a significant development for immigration policy, President Biden signed an executive order today aimed at addressing the status of undocumented individuals married to United States citizens and DACA recipients. This executive action marks a pivotal moment in the ongoing efforts for immigration reform and addresses the challenges faced by mixed-status families who qualify for a green card, but are too afraid to go back to their home countries for the visa interview.

The Key Provisions of the Executive Order

The executive order primarily focuses on providing a pathway to legal status for undocumented individuals who are married to US citizens. It directs federal agencies, including the Department of Homeland Security (DHS), to review current policies and identify opportunities to streamline the process for these individuals to obtain lawful permanent residency (green cards) without leaving the country.  Immigration Agencies are directed to allow DACA receipts with a U.S. college degree and a job offer related to their degree to receive visas more quickly.

Key provisions of the executive order include:

1. Policy Review:

Federal agencies are instructed to conduct a comprehensive review of existing regulations, policies, and practices that impact undocumented spouses of US citizens. This review aims to identify barriers and inefficiencies in the current system that hinder the ability of these individuals to adjust their status.

2. Streamlining Procedures:
The order calls for the development of new procedures or the revision of existing ones to facilitate the adjudication of green card applications for eligible spouses of US citizens. This includes exploring options to reduce processing times and bureaucratic hurdles.

3. Protection from Deportation:
It emphasizes the importance of prioritizing the protection of family unity and minimizing the risk of deportation for individuals who are in the process of adjusting their immigration status through marriage to a US citizen.

Implications for Undocumented Individuals and DACA

For many undocumented individuals married to US citizens, this executive order offers the opportunity to apply for a green card without leaving the United States. Additionally, Immigration Agencies are directed to allow DACA receipts with a U.S. college degree and a job offer related to their degree to receive visas more quickly.

Why do I Need an Attorney?

Today’s executive order does not automatically grant legal status. Implementation details, including specific eligibility criteria and procedural changes, are expected to unfold in the coming months as federal agencies begin to implement the directives outlined in the order.

For those considering applying for a green card under these new provisions, seeking legal counsel from the experienced immigration attorneys is highly recommended. Attorneys can provide personalized guidance, navigate the complexities of the immigration system, and ensure that all necessary documentation and requirements are met.

Conclusion

President Biden's executive order represents a significant policy shift aimed at providing relief to undocumented individuals married to US citizens and DACA recipients.

As the implementation of this executive order progresses, it is essential for affected individuals and their families to stay informed and prepared. Seeking legal advice and understanding the implications of these policy changes can help navigate the complexities of the immigration process and move towards achieving legal status in the United States.

For more information on how this executive order may impact your immigration status or to explore your legal options, please contact Atiya Law. Our team of experienced immigration attorneys and staff is here to assist you every step of the way.

Disclaimer

This blog post aims to inform and guide readers on the implications of President Biden's executive order, emphasizing the importance of legal counsel and community support in navigating these changes.  This post does not provide any legal advice and should not be relied upon for any promise of future relief.

Navigating the Consular Visa Process: What to Expect at Your Visa Interview

In today's interconnected world, the desire to travel, study, work, or reunite with loved ones across borders is increasingly common. However, the journey to obtaining a visa can sometimes feel daunting, especially when faced with the prospect of a consular visa interview. At Atiya Law, we have been through the process so we understand the complexities of the consular visa process and aim to guide you through it with clarity and confidence. In this comprehensive guide, we'll walk you through the consular visa process and provide insights into what to expect at your visa interview.

Understanding the Consular Visa Process

The consular visa process is a crucial step in obtaining permission to enter a foreign country, for example, the United States. Whether you're applying for a tourist visa, student visa, work visa, or family-based visa, the process typically involves several stages:

1. Application Submission: The process begins with completing the necessary visa application forms and submitting them along with supporting documents to the appropriate consulate or embassy.

2. Document Review: Once your application is received, consular officers carefully review your documentation to ensure that all requirements are met. This may include proof of financial abilities, ties to your home country, and the purpose of your visit.

3. Scheduling the Interview: If your application is deemed complete, you'll be scheduled for a visa interview at the consulate or embassy. The interview is a crucial step in the process and provides an opportunity for consular officers to assess your eligibility for a visa.

4. The Visa Interview:  During the interview, you'll have the chance to present your case to the consular officer. This is your opportunity to demonstrate your intention to abide by the terms of the visa and return to your home country after your visit or that you have ties to the country qualifying you for permanent residence (or a green card).

What to Expect at Your Visa Interview

The prospect of a visa interview can be nerve-wracking, but with adequate preparation with the help of our expert team, you can approach it with confidence. Here's what you can expect:

1. Arrival and Security Screening: Upon arrival at the consulate or embassy, you'll undergo security screening, including a metal detector scan and bag inspection. Be sure to arrive early to allow time for these procedures.

2. Check-In: After passing through security, you'll check in at the designated area and present your appointment confirmation or visa application receipt.

3. Waiting Area: Once checked in, you'll be directed to a waiting area until your name is called for the interview. Use this time to review your documents and mentally prepare for the interview.

4. The Interview: When your name is called, you'll proceed to the interview booth where a consular officer will conduct the interview. The interview is a crucial determinant of your visa approval.

During the interview, the consular officer may ask questions about:

- Your purpose of travel

- Your ties to your home country

- Your employment or educational background

- Your financial situation

- Your travel history

- Any criminal or immigration violations

Tips for a Successful Visa Interview

Preparing for your visa interview can significantly increase your chances of success. Reach out to us for guidance but in the meantime here are some tips to help you ace your interview:

1. Review Your Documentation: Ensure that you have all the necessary documents with you, including your passport, visa application confirmation, supporting financial documents, and any additional evidence of ties to your home country.  Our experienced team can help you organize your documents to prepare for your interview.

2. Practice Interview Questions: Take time to review common interview questions and practice your responses. This will help you articulate your answers clearly and confidently during the interview.  Our team can help you with questions specific to your visa category.

3. Dress Appropriately: Dress in neat, professional attire for your interview. Your appearance conveys respect for the process and can make a positive impression on the consular officer.

4. Be Honest and Transparent: Answer all questions truthfully and provide honest explanations for any discrepancies or concerns in your application. Transparency is key to building trust with the consular officer.

5. Stay Calm and Confident: Remember to remain calm and composed throughout the interview. Confidence in your responses can reassure the consular officer of your eligibility for the visa.

In the end…

The consular visa process and visa interview can seem intimidating, but with thorough preparation and the right guidance, you can navigate them successfully. At Atiya Law, we're committed to helping you achieve your visa goals and guiding you through every step of the process. With our expertise and support, you can approach your visa interview with confidence and clarity, knowing that you're well-prepared to present your case effectively. If you have any further questions or require assistance with your visa application, don't hesitate to contact us. Safe travels!

Navigating the Medical Examination for Your Green Card Application: What You Need to Know

Securing a green card is a pivotal step toward realizing your dreams of living and working in the United States. Yet, amidst the myriad of paperwork and procedures, one crucial aspect often overlooked is the medical examination. For many applicants, this examination can be a source of confusion and anxiety. However, understanding what to expect can alleviate much of the uncertainty surrounding this process. As Immigrant Attorneys, we know the process first hand and recognize the importance of guiding our clients through every step of their green card journey. In this comprehensive guide, we shed light on what you can anticipate during your medical examination and how to ensure a smooth and successful experience.

Understanding the Purpose of the Medical Examination

Before delving into the specifics, it’s essential to comprehend the rationale behind the medical examination requirement. The U.S. Citizenship and Immigration Services (USCIS) mandates this examination to safeguard public health and ensure that individuals seeking permanent residency do not pose a threat of spreading infectious diseases. By undergoing this examination, applicants demonstrate their compliance with health-related admissibility standards outlined by the U.S. government.

Choosing a Designated Civil Surgeon

One of the initial steps in the medical examination process involves selecting a designated civil surgeon authorized by USCIS to conduct immigration medical examinations. It’s crucial to choose a reputable and experienced physician who is well-versed in the specific requirements and procedures associated with immigration medical evaluations. You can search for civil surgeons in your area using this link: https://www.uscis.gov/tools/find-a-civil-surgeon

Preparing for Your Examination

Preparation is key to a successful medical examination experience. Start by compiling all required documentation, including your passport, government-issued identification, vaccination records, and any relevant medical history. Additionally, familiarize yourself with any specific instructions provided by your designated civil surgeon, such as fasting requirements or medication restrictions. Arriving well-prepared will streamline the examination process and minimize potential delays.

Components of the Medical Examination

During your medical examination, the designated civil surgeon will assess various aspects of your health to determine your admissibility to the United States. While specific requirements may vary depending on individual circumstances and visa categories, common components of the examination typically include:

1. Medical History Review: The civil surgeon will review your medical history, including any past illnesses, surgeries, or chronic conditions. Be honest and thorough when providing information to ensure an accurate assessment.

2. Physical Examination: A comprehensive physical examination will be conducted to evaluate your overall health status. This may include measurements of vital signs, examination of various body systems, and assessment of sensory functions.

3. Tuberculosis (TB) Screening: TB is a contagious disease that poses a significant public health concern. As part of the examination, you will undergo a TB screening, which may involve a skin test, blood test, or chest X-ray, depending on your age and medical history.

4. Vaccination Assessment: Ensuring compliance with vaccination requirements is a critical aspect of the medical examination. The civil surgeon will verify your immunization status and administer any missing vaccinations in accordance with CDC guidelines.

5. Laboratory Tests: Depending on your medical history and specific visa category, additional laboratory tests, such as blood or urine analysis, may be required to assess your health status thoroughly.

Communicating with Your Civil Surgeon

Effective communication with your designated civil surgeon is paramount throughout the examination process. Don’t hesitate to ask questions or seek clarification on any aspect of the examination. If you have specific health concerns or medical conditions, be proactive in discussing them with the civil surgeon to ensure appropriate accommodations are made.

Understanding Medical Inadmissibility

It’s essential to be aware of potential grounds for medical inadmissibility, which may result in the denial of your green card application. Common factors contributing to medical inadmissibility include the presence of certain infectious diseases, such as HIV/AIDS or tuberculosis, as well as physical or mental health conditions that pose a threat to public safety or require extensive medical treatment. If you receive a finding of medical inadmissibility, consult with the attorneys at Atiya Law to explore potential options for waivers or appeals.

Following Up on Medical Examination Results

Once the medical examination is complete, the designated civil surgeon will provide you with a sealed envelope containing the results and relevant documentation. It’s imperative to handle this envelope with care and deliver it to USCIS as instructed, ensuring that it remains sealed to maintain its validity. Depending on your case, we will guide you through the process of submitting the medical examination results as part of your green card application.

Conclusion: Navigating the Medical Examination Process with Confidence

While the medical examination requirement may seem daunting, approaching it with the right knowledge and preparation can alleviate much of the stress associated with the process. By understanding what to expect and collaborating closely with your designated civil surgeon and your the attorneys at Atiya Law, you can navigate the medical examination process with confidence and ensure that your green card application progresses smoothly toward approval. At Atiya Law, we are committed to providing comprehensive guidance and support to our clients at every stage of their immigration journey. Contact us today to learn more about how we can assist you in achieving your immigration goals.