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.

North Tulsa DUI Checkpoint Update

North Tulsa DUI Checkpoint on Saturday March 11 at UndIsclosed Location

North Tulsa DUI Checkpoint update:  The Tulsa World reported that a DUI Checkpoint will be held on March 11 at an undisclosed location in North Tulsa from 10 pm until 3 am.

The World article can be viewed here.

North Tulsa DUI Checkpoint UpdateNorth Tulsa DUI Checkpoint update

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.

I-130 Petition for Alien Relative | Tulsa Immigration Lawyers

I-130 Petition for Alien Relative | Tulsa Immigration Lawyers

I-130 Petition for Alien Relative | Tulsa Immigration Lawyers

I-130 PetitionThe I-130 petition, or “Petition for Alien Relative,” is a common form processed by United States Citizenship and Immigration Services (USCIS). Using this form, a U.S. citizen or permanent resident can establish the relationship to certain alien relatives who wish to immigrate to the United States.

Citizens or Permanent Residents of the United States may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “Green Card.” To do so, the citizen or permanent resident would need to sponsor a relative and be able to prove that he/she has enough income or assets to support his or her relative(s) when they come to the United States.

This process begins with filing the I-130 petition. For assistance with filing an I-130 petition, contact one of our Tulsa immigration lawyers at (918)592-9529 or online via our contact form.

I-130 Petition FAQ

A U.S. citizen can file a petition for the following relatives:

Husband or wife;
Children, married or unmarried.

A U.S. citizen who is at least 21 years or older may also petition for the following relatives: •

Parents;
Brothers or sisters.

When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

A permanent resident of the United States can file a petition for the following relatives:
Husband or wife; and
Unmarried child(ren), regardless of age.

Our Oklahoma immigration law firm is here to assist individuals with filing I-130 petitions or answer questions regarding a filed I-130 petition, among a wide range of other immigration related matters. Contact our office today.

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 attorney with questions about the status of your case or the newest changes to federal immigration laws.

DUI Checkpoint in Downtown Tulsa on Saturday January 21

DUI Checkpoint in Downtown Tulsa update:  The Tulsa World reported that a DUI Checkpoint will be held on January 21 at an undisclosed location downtown from 10 pm until 3 am.

The World article can be viewed here.

East Tulsa DUI Checkpoint UpdateDowntown Tulsa DUI Checkpoint update

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.

Tulsa DUI Checkpoint Update

New Year’s Eve DUI Checkpoint in Downtown Tulsa

Downtown Tulsa DUI Checkpoint update:  The Tulsa Police Department released a statement regarding a DUI Checkpoint on December 31st at an undisclosed location downtown from 10 pm until 3 am.

The TPD statement can be found here.

East Tulsa DUI Checkpoint UpdateDowntown Tulsa DUI Checkpoint update

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.

North Tulsa DUI Checkpoint Update

Broken Arrow DUI Checkpoint on Friday December 30

Broken Arrow DUI Checkpoint update:  Local authorities released a statement regarding a Broken Arrow DUI Checkpoint on December 30th at 71st (Kenosha) and 23rd St from 10 pm until 3 am.

More information can be found in a recent Tulsa World story here.

East Tulsa DUI Checkpoint UpdateBroken Arrow DUI Checkpoint update

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 Broken Arrow 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 Expungement Lawyers

Oklahoma Expungement Lawyers; See if the Recent Law Change Can Benefit You

Our Oklahoma Expungement Lawyers have experience handling these cases, and can help individuals throughout Eastern Oklahoma. Call our office for a free consultation.

Oklahoma Expungement Lawyers; Oklahoma Expungement Update; Law Change Effective November 1

The term “expungement” means that a person’s arrest or conviction is “sealed” or erased from their criminal record.[1] Once an expungement is granted, a person does not need to reveal or answer any question concerning the arrest, conviction, or any part of their criminal record. However, this does not mean that an arrest or a conviction is completely erased from the record; an expungement remains an integral part of an individual’s criminal record and readily accessible by criminal courts, government agencies, and law enforcement. It also refers to instances when a potential employer or landlord conducts a background check of a person’s criminal record.

Oklahoma Expungement LawyersUnder current Oklahoma law, the expungement of a person’s record would occur when:

1.      The individual received an acquittal;

2.      The appellate court [] reversed the conviction with instructions to dismiss the charge, or an appellate court [] reversed the conviction and the district attorney subsequently dismissed the
charge;

3.      DNA established factual innocence of the person after conviction, including persons released from prison at the time their innocence was established;

4.      The person received a full [Governor’s] pardon based on a written finding of actual innocence by the Governor for the crime that the [individual] was sentenced for;

5.      The person was arrested and no charges of any type, including charges for an offense different than what the person was originally arrested for, are filed, as well as, the statute of limitations expiring; OR the prosecuting agency declined to file charges;

6.      The person was under eighteen (18) years of age [when] the offense was committed and the person received a full [Governor’s] pardon for the offense;

7.      The person was charged with one or more misdemeanor or felony crimes, all charges have been dismissed, the person has never been convicted of a felony, no misdemeanor or felony charges are pending against the person, and the statute of limitations for refiling the charge or charges has expired, OR the prosecuting agency confirms that the charge[s] will not be refiled; provided, however, [that] this category shall not apply to [dismissed] charges after following the completion of a deferred judgment or delayed sentence;

8.      The person was charged with a misdemeanor, the charge was dismissed followed by a successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least one (1) year passed since the charge was dismissed;

9.      The person was charged with a nonviolent felony offense, not listed in Okla. Stat. tit. 57 § 571, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, the person has never been convicted of a misdemeanor or felony, there are no misdemeanor or felony charges pending against the person, and at least ten (10) years have passed since the charge was dismissed;

10. The person was convicted of a misdemeanor offense, the person has not been convicted of a felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the end of the last misdemeanor sentence;

11. The person was convicted of a nonviolent felony offense, not listed in Okla. Stat. tit. 57 § 571, the person received a full [Governor’s] pardon for the offense, the person has not been convicted of any other felony, the person has not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the felony conviction; or

12. The person has been charged, arrested, or the subject of an arrest warrant for a crime that was committed by another person who [] used the person’s name or other identification without the person’s consent or authorization.[2]

Oklahoma Expungement Lawyers | Oklahoma Expungement Reform Bill in Effect on November 1, 2016

However, in June 2016, Oklahoma Governor Mary Fallin signed House Bill 2397, which amended several sections of this Expungement of Criminal Records statute. These new amendments primarily focus on changing the wait times for expungement records (which depend on the sentence), separating out misdemeanor fines from misdemeanor suspended and jail sentences, and removing misdemeanor convictions from the expungement analysis regarding deferred sentences. This House Bill comes into effect on November 1, 2016.

The amendments will do the following:

  • Allow expungement for a person convicted of a misdemeanor, if the offense/fine was less than $501 and the person served no term of imprisonment or suspended sentence.
  • Allow expungement for two felony convictions, after a Governor’s pardon and 20 years has passed;
  • Allow expungement of civil records relating to the underlying criminal arrest;
    Prospectively, limit the listing of date of birth records and social security numbers on court documents;
  • Will make expunged DNA records inadmissible in future prosecutions;
  • Notify the “Prosecuting Agency” instead of the “District Attorney;”
  • No longer disqualify deferred sentence expungements for misdemeanor convictions

The changes above are not an exhaustive list of amendments to the law, but the most relevant, in our opinion. For a final version of the bill signed by the Governor, please view it here

If you have questions about how the Oklahoma expungement update impacts your ability to seek an expungement in Oklahoma, please contact our office for a consultation with one of our Oklahoma Expungement Lawyers. Our Oklahoma Expungement Lawyers are available to serve clients throughout Northeastern Oklahoma.

[1] Okla. Stat. tit. 22, § 18(B).

[2] Id.

The Presumption of Paternity in Oklahoma

The Presumption of Paternity in Oklahoma

The Presumption of Paternity in Oklahoma

The term paternity refers to the legal determination of fatherhood. Paternity must be established for legal rights and responsibilities to extend to the father.  In Oklahoma, paternity can be established in one of four ways: a presumption of paternity, acknowledgment of paternity, adjudication of paternity, and by adoption. In this blog post, we will discuss the presumption of paternity in Oklahoma.

The legislature created the presumption of paternity as a matter of public policy intended to benefit and protect children born during a marriage. The presumption is not waivable, if such a waiver thwarts the legislative policy the statute was designed to effectuate.[1] Under the Oklahoma Uniform Parentage Act, the presumption of paternity generally attaches in one of three ways[2]:

  1. If the child was born during the marriage.
  2. If the parents married after the child’s birth and the father took some affirmative action set out by statute to assert his paternity.
  3. If the father resided with the child and held the child out as his own for the first two years of the child’s life.

If a father meets one of the above, no further action is necessary to establish paternity. In addition, the presumption may only be rebutted (1) by a claim brought within the first two years of the child’s life, (2) by consent of the mother, biological father, and presumed father, or (3) at any time, if the presumed father and mother of the child neither cohabitated nor engaged in sexual intercourse during the probable time of conception and the presumed father never openly held out the child as his own.[3]

The Presumption of Paternity in Oklahoma

Courts have strictly applied the two-year window in which to bring a challenge to the presumption, even in light of DNA evidence supporting the fact the presumed father is not the biological father. In Friend v. Tesoro, a presumed father sought to establish paternity of a child. The father was never married to the mother, but she lived with him during the first two years of the child’s life and he held the child out as his own. The mother challenged the determination of paternity alleging a DNA test showed conclusively he was not the father. The court applied the Uniform Parentage Act, and held the man met the statutory definition of a presumed father and any challenge was barred by the two-year window in which to bring an action.[4]

If you have questions regarding the presumption of paternity in Oklahoma, contact one of our Tulsa family law attorneys for a consultation.

[1] Parker v. Ind. Sch. Dist. 1-003 of Okmulgee County, Oklahoma, 82 F3d 952 (10th Cir. 1996).

[2] 10 O.S.  770-204.

[3] 10 .O.S.  770-607.

[4] Friend v. Tesoro, 2007 OK CIV APP 78.