Author: Law Office of Carlos L. Williams

U nonimmigrant status

U Nonimmigrant Status (U-Visa)

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

U Nonimmigrant Eligibility
You may be eligible for a U nonimmigrant visa if:

  • You are the victim of qualifying criminal activity.
  • You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • You have information about the criminal activity.
  • If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).
  • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.• The crime occurred in the United States or violated U.S. laws.

You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. If you have questions, contact our Tulsa Immigration Attorney at 918-582-9529.

El estatus U no inmigrante (visa U) se reserva para las víctimas de ciertos delitos que han sufrido abuso mental o físico y son útiles para las fuerzas del orden público o los funcionarios del gobierno en la investigación o enjuiciamiento de actividades delictivas. El Congreso creó la visa de no inmigrante U con la aprobación de la Ley de Protección de Víctimas de la Trata y la Violencia (incluida la Ley de Protección de Mujeres Inmigrantes Maltratadas) en octubre de 2000. La legislación tenía como objetivo fortalecer la capacidad de las agencias de aplicación de la ley para investigar y enjuiciar casos de violencia doméstica. violencia, asalto sexual, tráfico de extranjeros y otros crímenes, mientras que también protege a las víctimas de crímenes que han sufrido abuso mental o físico sustancial debido al crimen y están dispuestos a ayudar a las autoridades policiales en la investigación o el enjuiciamiento de la actividad delictiva. La legislación también ayuda a las agencias de aplicación de la ley a prestar un mejor servicio a las víctimas de delitos.

U Elegibilidad no inmigrante
Usted puede ser elegible para una visa de no inmigrante U si:

  • Usted es víctima de una actividad criminal calificada.
  • Usted ha sufrido abuso físico o mental sustancial como resultado de haber sido víctima de una actividad delictiva.
  • Usted tiene información sobre la actividad criminal. Si es menor de 16 años o no puede proporcionar información debido a una discapacidad, un padre, tutor o amigo cercano puede poseer la información sobre el delito en su nombre (consulte la definición de ‘próximo amigo’ en el glosario).
  • Usted fue útil, es útil o es probable que sea útil para la aplicación de la ley en la investigación o el enjuiciamiento del delito. Si es menor de 16 años o no puede proporcionar información debido a una discapacidad, un padre, tutor o amigo cercano puede ayudar a la policía en su nombre.
  • El crimen ocurrió en los Estados Unidos o violó las leyes de los EE. UU.

Usted es admisible en los Estados Unidos. Si no es admisible, puede solicitar una exención en un Formulario I-192, Solicitud de Permiso Anticipado para Ingresar como No Inmigrante.
Call us at the Law office of Carlos L. Williams & Associates for more information.Llamenos ala oficina legal de Carlos L. Williams & Associates para mas informacion.

Relocation of Minor Child or Children

Oklahoma Child Custody; Relocation of Minor Child or Children

Oklahoma Child Custody; Relocation of Minor Child or Children

After a divorce, parents may seek a child custody order to set forth the custody of the minor child or children. A parent’s ability to relocate a minor child may be impacted by the terms of their child custody order, including whether or not one parent has sole custody of the child or if the parents share joint legal custody of the child or children. A situation may arise where either party intends to move his or her primary residence or the primary residence of the child(ren) over seventy-five (75) miles for a period of sixty (60) days or more. When such move is not a temporary absence from the child(ren)’s principal residence, the relocating party must provide notice of the move to the other party. The requirements for notice will be set out in the divorce decree. 

When the other parent receives proper notice of intent to relocate, that parent has a limited amount of time to file an objection to the relocation in court. If no objection is made by the other parent, the child or children may be relocated. If the other parent timely objects, the matter will be handled by the family court.

Burden of Proof for Relocation of Minor Child or Children.

The statute shifts the burden during the process. Essentially there is a two stage process. Stage One: The custodial (relocating parent) has the burden to demonstrate the proposed relocation is made in good faith.  Stage Two: If the custodial parent meets its burden, the non-custodial parent must demonstrate that the move is NOT in the child’s best interests.  There are several specific factors that the family court is not to weigh.  However, there are also specific factors that the family court must weigh making its determination.  Always consult an experienced family lawyer when you decide to relocate. Contact one of our Tulsa Family Law attorneys for a consultation today.

Oklahoma DUI Law Update

Oklahoma DUI Law Update; New Changes Effective November 1, 2017

Oklahoma DUI Law Update; New Changes Effective November 1, 2017

In June 2017, Governor Mary Fallin signed SB 643, amending the DUI law in Oklahoma. The changes in the bill, referred to as the “Impaired Driving Elimination Act 2” will go into effect on November 1, 2017. There are many small changes to the DUI law contained in the Act, but two very substantive changes will go into effect: (1)Requirement of interlock devices/creation of the Department of Public Safety Impaired Driver Accountability Program, and (2)criminalization of refusing to take a breathalyzer test. This blog post will focus on the requirement of interlock devices and the creation of the Department of Public Safety Impaired Driver Accountability Program.

Interlock devices are not new in Oklahoma. Ignition interlock systems are devices used to prevent a vehicle from starting if the driver has been drinking alcohol. The device uses a built-in breathalyzer and set to a pre-programmed amount. If the driver blows into the device and exceeds that amount, the interlock locks the vehicle’s ignition. The cost of an Interlock device can quickly add up with install fees, monthly monitoring, etc. The current law requires interlock devices for first time offenders when he/she has a blood alcohol concentration of .15 or more (aggravated driving under the influence).[1] The current law also provides provisions for more severe interlock restrictions for subsequent DUI offenses. However, the new law effective November 1, 2017 will require interlock devices for conviction (or plea) of all DUI offenses.

Offenders will have the option of entering the Impaired Driver Accountability Program, or challenging the DUI charge through the court process. The IDAP program requires strict compliance with rules, but will allow a clean record following completion of the program. Challenging the DUI charge through the court process could result in longer suspensions.

The final version of the bill can be viewed here.

Oklahoma DUI Law Update; New Changes Effective November 1, 2017

In the Bill Summary prepared on May 24, 2017, the legislature stated the following regarding the Act:

  • Stipulates DPS create an Impaired Driver Accountability Program (IDAP)
  • A $200 fee is established per participant.
  • The measure establishes a fee for a restricted driver’s license at $50 in addition to the IDAP program fee of $200 which will be deposited into the Public Safety Restricted Revolving (245) Fund.
  • Creates the following schedule of penalties relating to the ignition interlock device:

 

Crime Penalty
Knowingly allowing a person required to use an interlock device to drive a vehicle without one A misdemeanor with a fine up to $500 and/or up to 6 months in county jail
Willfully attempting to interfere with the proper functioning of the interlock device A misdemeanor with a fine up to $500 and/or up to 6 months in county jail
A person who is required to drive a vehicle with an interlock device who does not (with the exception of an employer’s vehicle) A misdemeanor with a fine up to $500 and/or up to 6 months in county jail

This blog post is not intended to be a full summary of the new Oklahoma DUI law. If you have questions regarding the new law, contact one of our Tulsa DUI lawyers for a consultation regarding your specific facts and circumstances.

[1] 47 §11-902 (D)

DUI Checkpoint at 41st and Sheridan planned for Saturday, August 5th

DUI Checkpoint at 41st and Sheridan planned for Saturday, August 5th

DUI Checkpoint at 41st and Sheridan:  The Tulsa Police Department reported a DUI Checkpoint will be held on August 5th, 2017 around the area of 41st and Sheridan from 10 pm until 3 am. The Tulsa World reported the location.

Midtown Tulsa DUI CheckpointDUI Checkpoint at 41st and Sheridan

DUI checkpoints function as a general purpose investigatory tactic whereby police can get a close look at passing drivers by detaining them briefly. A roadblock Tulsa DUI checkpoint is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to view inside the vehicle for a moment. While this type of random stop may seem unconstitutional at first blush, both the United States Supreme Court and the Oklahoma courts have upheld the validity in certain circumstances.

We will keep you informed regarding any updates for the DUI Checkpoint that come to our attention.

Tulsa Criminal Defense

Our firm has over 15 years of experience fighting tough criminal cases and defending Oklahomans. Put our experience to work for you. We offer competitive rates, and payment plans in most cases. Protect your and freedoms immediately. Contact our Tulsa criminal defense lawyer at (918) 582-9LAW (9529) or toll-free at 866-209-1868.

DUI Defense

Any drunk driving or drug-related DUI charge is a serious matter, whatever the exact circumstances and wherever the arrest occurred. Please recognize that: a basic first-offense Oklahoma DUI conviction can bring a sentence of up to one year in jail, a $1,000 fine plus hundreds in additional fees, driver’s license suspension and more. Additionally, “aggravating factors” such as a prior DUI conviction or the presence of a person under 18 in the vehicle significantly increase the potential for a lengthy jail sentence and other life-changing penalties. If you have questions regarding this, or any other criminal matter, contact our Tulsa DUI attorney for a free consultation.

Midtown Tulsa DUI Checkpoint

Midtown Tulsa DUI Checkpoint planned for Saturday, July 8th

Midtown Tulsa DUI Checkpoint:  The Tulsa Police Department reported a DUI Checkpoint will be held on July 8 at an undisclosed location in Midtown from 10 pm until 3 am. The Tulsa World reported the location will be somewhere “midtown area of Florence Park South, a neighborhood south of 21st Street between Harvard Avenue and the Broken Arrow Expressway.”

Midtown Tulsa DUI CheckpointMidtown Tulsa DUI Checkpoint

DUI checkpoints function as a general purpose investigatory tactic whereby police can get a close look at passing drivers by detaining them briefly. A roadblock Tulsa DUI checkpoint is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to view inside the vehicle for a moment. While this type of random stop may seem unconstitutional at first blush, both the United States Supreme Court and the Oklahoma courts have upheld the validity in certain circumstances.

We will keep you informed regarding any updates for the DUI Checkpoint that come to our attention.

Tulsa Criminal Defense

Our firm has over 15 years of experience fighting tough criminal cases and defending Oklahomans. Put our experience to work for you. We offer competitive rates, and payment plans in most cases. Protect your and freedoms immediately. Contact our Tulsa criminal defense lawyer at (918) 582-9LAW (9529) or toll-free at 866-209-1868.

DUI Defense

Any drunk driving or drug-related DUI charge is a serious matter, whatever the exact circumstances and wherever the arrest occurred. Please recognize that: a basic first-offense Oklahoma DUI conviction can bring a sentence of up to one year in jail, a $1,000 fine plus hundreds in additional fees, driver’s license suspension and more. Additionally, “aggravating factors” such as a prior DUI conviction or the presence of a person under 18 in the vehicle significantly increase the potential for a lengthy jail sentence and other life-changing penalties. If you have questions regarding this, or any other criminal matter, contact our Tulsa DUI attorney for a free consultation.

Oklahoma CDL Violations - Tulsa CDL Violation Attorneys

DUI & Oklahoma CDL Violations

A commercial driver’s license (CDL) is a special license issued by the State of Oklahoma that allows an individual to drive certain types of vehicles. Drivers are required to have a CDL in order to drive vehicles over a certain weight, buses, and vehicles containing hazardous materials. In addition to passing certain medical requirements, an individual must pass a comprehensive written test and road test in order to earn the Oklahoma CDL.There are many federal and state laws applicable to commercial driver’s licenses: vehicle and trailer loading, record keeping, and many other CDL specific laws is necessary in order to keep the CDL. The rules are more stringent than rules for automobile drivers, in many cases. When an individual operates a commercial motor vehicle, he or she is giving consent to alcohol testing if pulled over. This law applies to everyone, residents and nonresidents alike. Refusing to take the alcohol testing upon request by a law enforcement ofcer will result in an automatic revocation of an individual’s driving privilege, even if he or she has not been drinking. The law applies to an individual who holds a CDL-even if the individual is operating his or her own personal vehicle or while operating a commercial vehicle. Under Oklahoma law, it is illegal to operate a commercial motor vehicle (CMV) with a Blood Alcohol Concentration (BAC) of 0.04 percent or more.

In addition, there are several other violations that could result in revocation of your CDL.

  • Driving a CMV under the influence of alcohol.
  • Driving a CMV while under the influence of a controlled substance.
  • Leaving the scene of an accident involving a CMV.
  • Committing a felony involving the use of a CMV.
  • Driving a CMV when the CDL is suspended.
  • Causing a fatality through negligent operation of a CMV.

Any of the following violations will result in the individual losing his/her license and will be suspended as follows:

  • First offense — One Year
  • Second offense — Lifetime

An individual will also lose his/her CDL for at least three (3) years, if the offense occurs while operating a CMV carrying hazardous materials. You will lose your CDL for lifetime if you use a CMV to commit a felony involving controlled substances. Moreover, if you have any detectable amount of alcohol under .04%, you will be put out-of-service for twenty-four hours.[1]

In Oklahoma, any individual charged with DUI, DWI, or APC charge will not receive a work permit or a hardship CDL. You can request an administrative hearing within fifteen days of the date of arrest. If timely requested, you may be able to obtain a “modified” operator driver’s license. However, this is not a CDL.

Any DUI related CDL violation can adversely impact your freedom and future. The best course of action would be to enlist the help of qualified Tulsa DUI Lawyers.  Contact our Tulsa DUI  lawyers by online for a consultation.

[1] Commercial Driver License Manual, Federal Motor Carrier Safety Administration, 1.3.2 (2005)

Tulsa DUI Checkpoint Update

DUI Checkpoint in the Brookside area on Friday, May 26, 2017

DUI Checkpoint in the Brookside area:  The Tulsa Police Department reported a DUI Checkpoint will be held on May 26, 2017 in the Brookside area from 10 pm until 3 am. The statement on the TPD website states the following:

“On Friday, May 26, 2017 the Tulsa Police Department Riverside Division, with assistance from the Oklahoma Highway Patrol and the Tulsa County Sheriff’s Office, will be conducting a sobriety checkpoint in the Brookside area within the Riverside Division area of operation (south of E. 11th St. and west of S. Sheridan Rd.) in relation to upcoming Memorial Day holiday.  This sobriety checkpoint is an effort to get intoxicated drivers off the road in order to reduce injuries and deaths as well as to raise awareness of the dangers caused by alcohol and drug-impaired driving.”

East Tulsa DUI Checkpoint UpdateDUI Checkpoint in Brookside Area

DUI checkpoints function as a general purpose investigatory tactic whereby police can get a close look at passing drivers by detaining them briefly. A roadblock Tulsa DUI checkpoint is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to view inside the vehicle for a moment. While this type of random stop may seem unconstitutional at first blush, both the United States Supreme Court and the Oklahoma courts have upheld the validity in certain circumstances.

We will keep you informed regarding any updates for the DUI Checkpoint that come to our attention.

Tulsa Criminal Defense

Our firm has over 15 years of experience fighting tough criminal cases and defending Oklahomans. Put our experience to work for you. We offer competitive rates, and payment plans in most cases. Protect your and freedoms immediately. Contact our Tulsa criminal defense lawyer at (918) 582-9LAW (9529) or toll-free at 866-209-1868.

DUI Defense

Any drunk driving or drug-related DUI charge is a serious matter, whatever the exact circumstances and wherever the arrest occurred. Please recognize that: a basic first-offense Oklahoma DUI conviction can bring a sentence of up to one year in jail, a $1,000 fine plus hundreds in additional fees, driver’s license suspension and more. Additionally, “aggravating factors” such as a prior DUI conviction or the presence of a person under 18 in the vehicle significantly increase the potential for a lengthy jail sentence and other life-changing penalties. If you have questions regarding this, or any other criminal matter, contact our Tulsa DUI attorney for a free consultation.

U-Visa for Victims of Crime | Tulsa Immigration Lawyers

The U-Visa is a nonimmigrant status for victims of certain crimes who have suffered mental or physical abuse and have been helpful to law enforcement or government officials in the investigation or prosecution of the crime. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. To be eligible for U-Visa you must meet the following prong tests:

  • You are the victim of qualifying criminal activity.
  • You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
  • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
  • The crime occurred in the United States or violated U.S. laws.
  • You are admissible to the United States. If you are not admissible, you may apply for a waiver.

The process of obtaining U-Visa is complex and time consuming. We are available to assist you throughout the length of the application process. To learn more about U Visas, please click here. For more information about relief for a battered spouse, child or parent under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA), please click here.

Our firm offers honest and sound analysis of each individual’s situation to help them decide on the best course of action in their immigration case. Our focus is on making the immigration process as painless and straightforward for our clients as possible. We explain the steps of immigrating to the United States and establish lasting relationships with our clients to continually serve their needs. You can feel comfortable coming to our Tulsa immigration lawyers with questions about the status of your case or the newest changes to federal immigration laws.

North Tulsa DUI Checkpoint Update

DUI Checkpoint in Downtown Tulsa on April 22, 2017 from 10 pm until 3 am

DUI Checkpoint in Downtown Tulsa:  The Tulsa Police Department reported a DUI Checkpoint will be held on April 22 at an undisclosed location downtown from 10 pm until 3 am.

East Tulsa DUI Checkpoint UpdateDowntown Tulsa DUI Checkpoint

DUI checkpoints function as a general purpose investigatory tactic whereby police can get a close look at passing drivers by detaining them briefly. A roadblock Tulsa DUI checkpoint is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to view inside the vehicle for a moment. While this type of random stop may seem unconstitutional at first blush, both the United States Supreme Court and the Oklahoma courts have upheld the validity in certain circumstances.

We will keep you informed regarding any updates for the DUI Checkpoint that come to our attention.

Tulsa Criminal Defense

Our firm has over 15 years of experience fighting tough criminal cases and defending Oklahomans. Put our experience to work for you. We offer competitive rates, and payment plans in most cases. Protect your and freedoms immediately. Contact our Tulsa criminal defense lawyer at (918) 582-9LAW (9529) or toll-free at 866-209-1868.

DUI Defense

Any drunk driving or drug-related DUI charge is a serious matter, whatever the exact circumstances and wherever the arrest occurred. Please recognize that: a basic first-offense Oklahoma DUI conviction can bring a sentence of up to one year in jail, a $1,000 fine plus hundreds in additional fees, driver’s license suspension and more. Additionally, “aggravating factors” such as a prior DUI conviction or the presence of a person under 18 in the vehicle significantly increase the potential for a lengthy jail sentence and other life-changing penalties. If you have questions regarding this, or any other criminal matter, contact our Tulsa DUI attorney for a free consultation.

Oklahoma CDL Violations

Oklahoma CDL Violations

Oklahoma CDL Violations

A commercial driver’s license (CDL) is a special license issued by the State of Oklahoma that allows an individual to drive certain types of vehicles. Drivers are required to have a CDL in order to drive vehicles over a certain weight, buses, and vehicles containing hazardous materials. In addition to passing certain medical requirements, an individual must pass a comprehensive written test and road test in order to earn the Oklahoma CDL. There are many federal and state laws applicable to commercial driver’s licenses: vehicle and trailer loading, record keeping, and many other CDL specific laws is necessary in order to keep the CDL. The rules are more stringent than rules for automobile drivers in many cases. In addition, the penalties attached to Oklahoma CDL Violations are more severe than violations committed by non commercial drivers.

There are also more stringent rules when it comes to alcohol, leaving the scene of an accident, or committing a felony:

  • It is illegal to operate a commercial vehicle (CMV) if your blood alcohol concentration (BAC) is .04% or more.
  • If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.
  • You will lose your CDL for at least one year for a first offense for:
    • Driving a CMV if your blood alcohol concentration is .04% or higher.
    • Driving a CMV under the influence of alcohol.
    • Refusing to undergo blood alcohol testing.
    • Driving a CMV while under the influence of a controlled substance.
    • Leaving the scene of an accident involving a CMV.
    • Committing a felony involving the use of a commercial vehicle.
    • Driving a CMV when the CDL is suspended.
    • Causing a fatality through negligent operation of a CMV.
    • You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.
    • You will lose your CDL for life for a second offense.
    • You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.
    • You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.[1]

Oklahoma CDL Violations

There are also significant penalties for serious traffic violations when you possess a CDL.

Serious traffic violations are generally defined as:

  • Excessive speeding (15 mph or more above the posted limit),
  • Reckless driving, improper or erratic lane changes,
  • Following a vehicle too closely,
  • Traffic offenses committed in a CMV in connection with fatal traffic accidents,
  • Driving a CMV without obtaining a CDL or having a CDL in the driver’s possession, and driving a CMV without the proper class of CDL and/or endorsements.

An individual will also lose his or her CDL for at least 60 days if he/she has committed two serious traffic violations within a three-year period involving a CMV; and for at least 120 days for three or more serious traffic violations within a three-year period involving a CMV.[2]

Never Plead Guilty or No Contest to Oklahoma CDL violations without first talking to an experienced Tulsa criminal defense attorney. Contact our office to speak with an experienced Oklahoma CDL Violations attorney.

[1]  Commercial Driver License Manual, Federal Motor Carrier Safety Administration, 1.3.2 (2005).

[2] Id., at 1.3.3.