Fay Grafton Nunez, PLLC

If you intend to become an American citizen through marriage, green card residency or other strategy, you may be able to save time, money, energy and emotion by putting your goals in the hands of a skilled immigration attorney. In Raleigh, statewide in North Carolina and nationally, the experienced immigration lawyer who can help you is Rebekah G. Grafton of the Fay & Grafton law firm.

We can’t stress this enough – if you have criminal and immigration issues, you need to speak with an immigration attorney before you take any action in your criminal case. Do not plea, do not make a deal, do not speak with the police, do not post a bond, do not sign anything, contact us first. Every case is different and time is of the essence.

If you were brought to the U.S. as a child by parents who were not born in this country, are under 30 years of age and unclear as to your eligibility to apply for Dream Act (DACA, or Deferred Action for Childhood Arrivals) status, you should speak with an experienced immigration attorney immediately. Rebekah G. Grafton’s extensive background as former trial attorney for the U.S. Department of Homeland Security — and her in-depth knowledge of all types of immigration law — uniquely qualifies her to represent your efforts to remain in this country and be educated here.

Removal proceedings, commonly known as deportation, are among the most difficult matters in immigration law. Our attorneys understand how important the stakes are in removal proceedings and we use our knowledge and experience to help you navigate these difficult circumstances. As a former trial attorney for the Department of Homeland Security, Rebekah Grafton as seen situations like yours from the other side of the legal process. She knows the strategies government lawyers employ, she knows the factors the Court will consider, and she is prepared to put that experience to work for you.

If you are requesting an adjustment of status and seeking a relative to sponsor you for a green card, for residency in the U.S., Fay & Grafton can help. Our attorneys bring in-depth legal knowledge, a trial attorney background and attentive personal service to your side.

The forms, rules and exceptions in immigration law are complex. It is wise to work with an immigration law firm like Fay & Grafton that has a successful history of helping clients in Wake County and throughout North Carolina. Call or use the appointment setting form on this website to schedule a consultation with the same lawyer who will handle your case. We will answer your questions, provide a candid assessment of your situation and recommend an effective course of action.

Asylum is a special status a person can apply for if he comes to the United States seeking protection from persecution because of his race, religion, nationality, membership in a particular social group, or political opinion. In order to be granted asylum status, one must prove that he suffered this persecution in the past or that he has a well-founded fear of future persecution if he returns to his home country. While some exceptions may apply, including changing country conditions, generally an asylum application must be filed within one year of entering the United States. (Otherwise, one may seek limited protection in the form of withholding of removal or relief under Convention Against Torture (CAT) if he or she is in removal proceedings and fears returning to his or her home country.)

Whether you are a relative or fiancé interested in learning more about a family-based immigrant visa, a U.S. business owner or prospective employee whose goals relate to work visas, or a student pursuing educational opportunities in the United States of America, you need the guidance and support of a skilled immigration lawyer.

North Carolina law is all over the place when it comes to assault crimes. Essentially, the seriousness of the charge will be determined by (a) who was assaulted, (b) your relationship to that person, (c) whether a deadly weapon was used and (d) the seriousness of any injuries caused by the assault. The range of charges is wide. A simple assault is a Class 2 misdemeanor and a conviction is likely just to take some money out of your pocket or put you on probation for a stint. Assault with a deadly weapon with intent to kill inflicting serious injury, on the other hand, is a class C felony and a conviction will put you in prison for years. Assault on a female generally carries harsher punishments than assaulting a male. Assaulting a child under 12 is more serious than assaulting a teen. Assaulting a law enforcement officer, a judge, or a prosecutor is more serious than assaulting your own lawyer. (Don’t get any ideas)

North Carolina is a difficult state to live in without a driver’s license. Our public transportation system doesn’t have the infrastructure to make it feasible for most people to be able to consistently get to work. If you appear in criminal court, you will see that a good percentage of cases being prosecuted in district court are for driving while license revoked (DWLR). DWLR falls into two significantly different flavors, with the key difference being whether the underlying reason for the revocation involved a DWI. If your license is revoked for a DWI and you are caught driving, you face a Class 1 misdemeanor and potential jail time. If your license is revoked for a failure to appear in court or a failure to pay a fine, driving is a Class 3 misdemeanor. You will more likely get court costs and a fine, but don’t be fooled by the slap on the wrist. You hurt your chances of getting your license restored every time you plea or are found guilty of a moving violation while your license is revoked regardless of why.

A wide range of drug offenses are on the books in North Carolina and the consequences associated with convictions can vary wildly. Generally speaking, we look at drug charges in three broad categories: misdemeanors, felonies and trafficking charges.

An arrest for drunk driving can curtail your mobility, put a blemish on your record, and – depending on the severity of your charge – potentially put you behind bars. When you need a skilled defense lawyer — when only the help of accomplished legal professionals will give you the hope you need to go on — you should speak with the law offices of Fay & Grafton. We know how to negotiate behind the scenes and litigate in court to effectively protect your rights when a drunk driving charge jeopardizes your freedoms, finances and future. We know the challenges you face — especially pertaining to your North Carolina driving privileges, which you need to get to your job, so you can continue to provide for your family.

Even if a criminal charge filed against you is dismissed, it can still have an impact on your future if allowed to remain on your record. You should want to clean your record, clear your good name and restore your reputation. You can also improve your chances of obtaining gainful employment, furthering your education and acquiring dignified housing. This legal action is accomplished by a method called expungement. In North Carolina, charges that have been dismissed or where the defendant was found not guilty are generally eligible for an expungement. Certain previous convictions can also be expunged after a lengthy waiting period. Talk to our lawyers to determine if you are eligible.

If your son or daughter is 15 years of age or younger and in trouble with the law, parents or guardians must be involved in the process, including making the wise decision to retain experienced defense counsel that protects your minor child’s rights.

Theft crimes in North Carolina are broken down in a variety of ways. Sometimes the value of the goods allegedly stolen is the key factor. The demarcation point between felony larceny and misdemeanor larceny is $1,000. Other times, the important distinction is the identity of the victim. Stealing from your employer is a felony, for instance. The charge may hinge on the circumstances surrounding the theft, such as larceny after breaking and entering. Regardless of the specific theft charge you are facing, it needs to be taken seriously. A theft charge on a criminal background check can be a significant roadblock to those looking for employment opportunities, school admission or housing. And it may get worse — some theft charges carry significant prison terms. For instance, embezzlement is generally a Class H felony, but if the theft is proven to exceed $100,000, it becomes a Class C felony. In this instance, a first-time offender will likely receive a prison sentence of five or more years rather than receiving probation.

If you or a loved one has been charged with a felony, you need to understand there are no fixed rules on how it should be handled. Every step in the process depends on the individual facts and circumstances surrounding the case. What you need to know early on is that time may be of the essence. Typically, the earlier an attorney is engaged in a case, the better. This does not mean you need to hire the first attorney you speak to. On the contrary, hiring the right lawyer late is better than hiring the wrong lawyer early. Still, you should keep in mind that most lawyers offer free consultations on criminal matters, and you should take advantage of that sooner rather than later.

Before delving into structured sentencing, it is important to remember that there is a long road between being charged with a crime and being sentenced. If you are facing a criminal charge, do not go into it alone. Most all criminal lawyers offer free consultations – use them! Even if you did commit the crime, take the time to have your case evaluated. It may be more difficult to prove than you thought it would be. Call us today to help you defend your rights before the court.

If you have auto insurance in North Carolina, your insurance carrier is a member of the North Carolina Rate Bureau. This bureau has developed a contract called the Safe Driver Insurance Plan, which governs the point system under which insurance rates are set. The Safe Driver Insurance Plan allocates point values to different moving violations based on the schedule described below. For each point, your insurance carrier will increase your insurance rates by approximately 25 percent. These increases will apply for three policy years.