Know your Rights! - Shah Peerally Law Group, PC

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Know your Rights!

Having participated in many know your rights events on the aftermath of September 11, 2001, we have identified few basic things that an immigrant should know in order to deal with authorities when they come to you. This guide is limited in scope so please consult an attorney for more information. Should I answer the questions of the agents?You can definitely answer the questions, but no good attorney will advise you to do so. The reason is that anything you say at this point can be used against you. In fact, the only thing which is recommended at this point is to ask for an attorney. Asking for an attorney should stop the questions. Even if it does not, it will protect you in the future. The job of an attorney is to protect your legal rights. So make sure you always have an attorney's number available. Please don't think that by answering they might leave you alone. It might happen but again it is not recommended to answer without an attorney present When I ask for an attorney, should they not provide me an attorney?In case it is a criminal matter, and you cannot afford an attorney, the government will provide you an attorney. However because immigration law is civil in nature, no free attorney is provided. You should keep the number of an attorney or some organizations that help on a pro bono basis. This is in case you cannot afford an attorney. If the agents come, should I let them inside my house?Unless there is a search warrant, nobody can enter your house without your consent. Therefore, if an agent does not have a warrant, he/she might ask politely to come in. Once he/she comes in, the agent has the right to search the house based on consent. Also the rule of apparent authority, a roommate might consent to the search. Make sure if inform everybody in the house about the rules. Also make sure that you check if the agent has a warrant before letting the agent in. What happens if they show me a search warrant?If you are shown a warrant, make sure it is a real warrant. Check if a judge has signed it. If this is the case, you should allow the agents to proceed although you should mention that you are not consenting to this search. Do not try to intervene except by remaining silent. Remember you do not have to speak even if there is a valid search warrant. If they do not have a search warrant and still want to search the house, do not get in the way but make sure again to express that you are not consenting to the search. What happens if I talk?Anything that you might have said can be used against you. The worst part is if you lie to the government, they might use it against you. It is actually a crime to lie to the FBI, for example. Therefore remaining silent and asking for an attorney is the best option. Note that just remaining silent does not stop the questioning, however asking for a lawyer, should stop the questioning. DisclaimerThe above just few basic rights you should know. Note that as a non citizen, you still have rights. You need to exercise them. Make sure you are careful about protecting yourself in the process One should not act or refrain to act based only on the above. No attorney client relationship is created unless a retainer is signed by both parties.

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Corporate Immigration:	Immigration Court and Appeals:	Immigration Delays and Citizenship:	Inadmissibility:
I-9 Compliance E-Verify LCA/Public Access File Compliance and Audits Mergers and Acquisitions	Defensive Asylum Motion to Reopen BIA Appeals 9^th Circuit Appeals Voluntary Departure Cancellation of Removal	Naturalization Certification of Citizenship Mandamus and 1447(B) Complaints	I-601 Immigrant Visa Waiver INA 212(d)(3) non-immigrant Visa Waiver I-212 Readmission after Removal

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Family Based Immigration:	Employment Based Immigration:	Temporary Work Visas:	Other Visas:
Immediate Relative Petitions Spouse, Parents & Children of Citizens Spouses & Children of Permanent Residents Married Sons & Daughters of Citizens Siblings of Citizens VAWA (Victims of Abuse)	EB1A: Aliens of Extraordinary Ability EB1B: Outstanding Researchers, Professors EB1C: Multinational Managers, Executives EB2 NIW: National Interest Waiver EB2: Advanced Degree Worker (PERM – Labor Certification Based) EB3: Professional / Skilled / Unskilled Workers (PERM – Labor Certification Based) EB4: Religious Worker EB5: Investor Visa	E1: Treaty Trader E2: Treaty Investor H-1B: Specialty Worker L1A/L1B : Intra-company Transfers O1: Aliens of Extraordinary Ability P1: Athletes and Entertainers R1: Religious Workers TN: Professional Canadians and Mexicans	B1/B2: Business or Tourist Visas F-1: Students at Academic Institutions J1: Exchange Visitors – Home Residency Waivers K1: Fiances of U.S. Citizens U: Criminal Victims Refugees: Political Asylum Seekers

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Shah Peerally Law Group P.C.
37600 Central Ct., Suite 202
Newark, CA 94560
Ph: 510-742-5887
Fax: 510-742-5877

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Tracy, CA 95376
Ph: 209-222-8529
Fax: 510-742-5877

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Attorney Shah Peerally is a California Immigration Lawyer offering immigration legal services in the San Francisco Bay area. As a Californian immigration attorney in the Bay Area, his law firm situated in Newark focuses on immigration laws with an emphasis on employment based immigration including but not limited to H1B visa, L1A visa, L1B visas, PERM Labor Certifications. His law firm in Newark, California also handles Family based petitions and VAWA petitions. H1B Immigration attorney Shah Peerally provides immigration legal services to clients in Northern California, Silicon Valley vicinity, and Southern California, including: San Jose, Fremont, Newark, San Francisco, San Rafael, San Mateo, Millbrae, San Bruno, South San Francisco, Oakland, Berkeley, Hayward, Pleasanton, Redwood City, Milpitas, Saratoga, Livermore, Richmond, Santa Clara, Palo Alto, Dublin California, Mountain View California, Mt. View California, Silicon Valley, South Bay, Campbell, Los Altos, Los Gatos, Sunnyvale California, Gilroy California, Los Angeles California, and San Diego California. In addition, we are an American Immigration Law Firm serving PERM Labor Certfication clients in USA