Chinese

Publications

April, 2011

GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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!


New York Immigration Lawyers > Immigration Publications > April 2011



Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

Read More

February 2012

DRUG OFFENSES - WAIVERS? OR PARDONS?

Read More

January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

Read More

FINALLY - RELIEF FOR MANY UNDOCUMENTED!

Read More

December 2011

J EXCHANGE VISAS

Read More

SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

Read More

DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

Read More

SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

Read More

November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

Read More

September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

Read More

BUSINESS VISAS FOR START UP COMPANIES

Read More

TRAINING VISAS (H-3)

Read More

August 2011

ENTREPRENEURS - SELF PETITIONS

Read More

WAIVERS

Read More

July 2011

REMOVAL, PHYSICAL

Read More

PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

Read More

INVESTORS : IMMIGRANT VISAS: EB-5

Read More

INVESTOR VISAS E-2

Read More

June 2011

NATURALIZATION, WHY & HOW

Read More

CHILD CITIZENSHIP ACT

Read More

ADVANCE PAROLE

Read More

May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

Read More

SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

Read More

K-1 FINANCE VISA AND DIVORCE

Read More

April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

Read More

GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

Read More

VAWA- VIOLENCE AGAINST WOMEN ACT

Read More

DETENTION OF IMMIGRANTS

Read More

March 2011

REMOVAL REMEDIES

Read More

U VISA

Read More

February 2011

Asylum Application filed late: What are your options?

Read More

January 2011

CONSULAR VISA PROCESSING

Read More

PROSECUTORIAL DISCRETION

Read More

VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

Read More

December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

Read More

H-1B VISA AVAILABILITY SOON TO CLOSE

Read More

APPEALS TO THE BOARD OF IMMIGRATION

Read More

November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

Read More

CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

Read More

WORK AUTHORIZATION

Read More

DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

Read More

October 2010

CITIZENSHIP APPLICATIONS

Read More...

T and U VISAS, REVISIONS TO THESE PROGRAMS

Read More...

APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

Read More...

DEPORTATIONS: SHIFT IN U.S. POLICY

Read More...

September 2010

RELIGIOUS IMMIGRANT WORKERS

Read More

INTRA-COMPANY TRANSFEREE (L-1)

Read More

PARDON REVIEW PANEL

Read More

August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

Read More

BATTERED SPOUSES, PARENTS AND CHILDREN

Read More

FIANCE(E) OF U.S. CITIZEN (K-1)

Read More

July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

Read More

DEPORTATION ORDERS MAY BE REOPENED

Read More

June 2010

NATURALIZATION

Read More

May 2010

Help for Immigration cases in Arizona

Read More

April 2010

H-1B WORK VISAS

Read More

March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

Read More

February 2010

TEMPORARY PROTECTED STATUS (TPS)

Read More

ASYLUM

Read More

January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

Read More

December 2009

GREEN CARDS

Read More

November 2009

H-1B, SPECIALTY OCCUPATION

Read More

October 2009

ASYLUM WAIVER APPLICATION

Read More

September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

Read More

August 2009

INTRA-COMPANY TRANSFEREES (L-1)

Read More

ASYLUM FOR BATTERED WOMEN

Read More

July 2009

DEATH OF A U.S. PETITIONER:

Read More

June 2009

ARRESTS OF UNDOCUMENTED ALIENS

Read More

May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

Read More

April 2009

VISITORS AND BUSINESS VISAS

Read More

March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

Read More

February 2009

SPECIALTY OCCUPATION H-1

Read More

January 2009

DEPORTATION ORDERS REOPENED

Read More

December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

Read More...

November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

Read More...

CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

Read More...

October 2008

NEW BUSINESS START UP: L OR E VISAS

Read More...

September 2008

EXTENSIONS OF TEMPORARY STATUS

Read More...

August 2008

CHILDREN OF U.S. CITIZENS

Read More...

July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

Read More...

June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

Read More...

SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

Read More...

May 2008

EXTRAORDINARY ABILITY

Read More...

LABOR CASES - HIGHER EDUCATION

Read More...

April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

Read More...

March 2008

IMMIGRANT, PUBLIC BENEFITS

Read More...

February 2008

IMMIGRATION INJUSTICE CORRECTION

Read More...

January 2008

FAST ACTION FOR IMMIGRATION DELAYS

Read More...

December 2007

BATTERED SPOUSE OR CHILD

Read More...

REVIEW OF GREEN CARD DENIAL

Read More...

November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

Read More...

September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

Read More...

August 2007

A WAY TO OBTAIN RESIDENCE

Read More...

July 2007

EMPLOYMENT VISAS

Read More...

June 2007

IMMIGRATION REFORM

Read More...

   Copyright © 2004 Oltarsh & Associates, P.C. - All rights reserved. Sitemap - Links 1 | Links 2
    Oltarsh & Associates, 494 Eighth Avenue, Suite 1704, New York, New York 10001.

The Material on this Website is intended to be for educational and entertainment purposes only. This information does not constitute legal advice. The law is constantly changing and the information may not be complete or correct depending on the date of the article and how it may affect your particular legal problem. Each legal problem depends on its individual facts. You should not act or rely on any information on this Website without seeking the advice of a competent attorney licensed to practice law for your particular problem