In a recent precedential decision out of the Third Circuit, the Board of Immigration Appeals ruled that findings of guilt in proceedings that afford defendants all of the basic constitutional protections are “convictions” for immigration purposes. This is an...
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New Jersey Drunk Driving Arrests Can Affect Citizenship | New Naturalization Policy
Drunk Driving (39:4-50) in New Jersey is a very serious traffic offense. Although not technically a Title 2C criminal offense, it is widely considered a quasi-criminal offense by New Jersey criminal defense practitioners. Interestingly, in 2019, New Jersey drunk...
Does Legalization of Marijuana in NJ Affect Immigration?
Legalization Of Weed In NJ? With passage of the recent referendum legalizing marijuana in New Jersey, there has been a lot of confusion among non-citizens charged with drug offenses and their exposure to immigration removal proceedings. At the moment, there appears...
Is Terroristic Threats a Deportable Crime?
On January 2 of this new year, the Board of Immigration Appeals issued an important decision that signals an increasingly elastic understanding of just what constitutes a crime involving moral turpitude. In Matter of Salad, 27 I & N Dec. 733 (BIA 2020), the Court...
Criminal PCR Application Does Not Always Save From Deportation
Being convicted of a crime is often one of the surest ways for a foreign national to get caught up in the deportation system and possibly removed from the United States. Unless the conviction is not a Crime Involving Moral Turpitude, Aggravated Felony, or other type...
Multiple DWIs Will Disqualify for Cancellation (“10 Year Law”)
On October 25, 2019, Attorney General William Barr issued a very significant decision regarding eligibility for cancellation of removal, one of the most coveted forms of immigration relief for those charged with being in the country illegally. (Under cancellation of...
NJ Drunk Driving Immigration Consequences | Marijuana Use Can Be Deportable
In New Jersey, a DWI is most commonly associated with alcohol. However, that is not the only way an individual can be charged with driving while under the influence. Under New Jersey statute 39:4-50, the law encompasses driving under the influence of not only...
Immigration May Change Effect of PCRs
In a disturbing development, the Attorney General indicated in Matter of Thomas and Thompson, 27 I & N Dec. 556 (A.G. 2019), that he will be considering and ultimately rendering a decision on the immigration impact of convictions that are subsequently altered. At...
Can Drunk Driving in a School Zone Cause Deportation or Immigration Problems?
In New Jersey, driving while intoxicated in a school zone is a very serious offense with particularly severe penalties that go well beyond the typical punishment associated with a regular drunk driving offense. The offense is punished under Title 39:4-50(g), which...
How Do Criminal Charges or Arrest Affect H1 Stamping?
In an earlier article, we briefly discussed the impact of a drunk driving allegation on an individual's H-1b stamp or visa. Matters become even more complicated when the charges are criminal in nature. If one has been arrested or charged with a criminal...