494 8th Avenue #1704
New York, NY 10001, USA
(212)944-9420 (212)944-9420

The U.S. Supreme Court decided in 2010 that the Sixth Amendment to the Constitution

requires a lawyer defending a client in a criminal case to explain the immigration implications of a guilty plea. When the nature of the crime a charged would require the defendant’s certain deportation his/her, lawyer is obliged to inform the client of this. If the crime does not carry a certain threat of deportation, the lawyer need to the client that the guilty plea may incur a risk of deportation. Only if the client is informed of the consequences of a guilty plea can he/she make an intelligent choice to accept or decline the plea arrangement.

CRIME FOR DEPORTATION – CONTROLLED SUBSTANCES

Any alien after admission who breaks the law relating to an offense for possessing or selling a controlled substance is deportable unless it is for a single offense for possession only of 30 grams or less of marijuana for personal use.

MORAL TURPITUDE

If the potential term of imprisonment is one year or longer and if committed within five years of the alien’s admission to the United States, moral turpitude for dishonest, vile or depraved conduct such as murder, kidnapping, rape, fraud, spousal or child abuse, and aggravated felonies would result in deportation with a wavier of excludability and inadmissibility of to return to the U.S. Two or more convictions of a crime of moral turpitude would insure deportation even of no sentence of imprisonment has been imposed.

AGGRAVATED FELONIES

The immigration statutes define exactly which crimes are aggravated felonies but roughly they are the same as the crimes of moral turpitude such as domestic violence, child abuse, murder, rape, etc.

REMOVAL EVEN WITHOUT CONVICTION THE NECESSITY OF A OR SENTENCE

Any alien who admits to committing or conspiring to comment a crime moral turpitude may be removed unless the admission is made by a minor or it is an admission of only a petty offense. As an example if an alien admits to a Consul at a visa interview that he/she committed the essential elements of a controlled substance offense, the alien would be inadmissible even though he/she had not charged or convicted of such as offense.

WAIVERS

The Attorney General may grant a waiver of inadmissibility resulting from crime less heinous than aggravated felonies of turpitudes crime. Waivers may be granted to spouses, parents, sons, or daughters who are U.S. citizen or permanent resident who can show extreme hardship to themselves if the alien is not admitted. For a permanent resident in the United States to qualify for a Waiver, he/she must have resided continuously in the United States for at least seven years immediately prior the date of the start of removal proceedings.

If you need help or advise, call us at (212)944-9420

Our assistance is only a phone call, or e-mail communication away!

Practice Areas

We represent individuals and corporations who wish to apply...

Waivers

We handle all of the non-immigrant categories...

Deportation Defense

After decades of experience, we are fully aware of ...

Work Visas

Immediate relatives(IR) include children, spouses ...

Asylum

We have successfully applied for persons who have...

Citizenship

Two classes of visas are processed by U.S. Consulates...

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TESTIMONIALS

Immigration Solutions

Approval ! MY WAIVER WAS APPROVED

 Hello Jennifer just want to say "THANK YOU", God bless you!. We recovered our happiness, my nephews kids are the most happiest kids in the world because they finally can play with their father. Once again thank you very much to you and your staff, specially Romina, she has been very kind and helpful with our communications. Thank you and have a wonderful day!!!! Released From Jail on December 2012 

Approval ! MY WAIVER WAS APPROVED

 This is an unbelievable gift for the Holidays! I am actually driving to Mexico now to spend the New Year with my wife and I am taking her a car that I bought for her...when I saw this mail my heart was pounding and I had to stop the car...thank you Romina and Jennifer I 

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