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 Law & Municipal 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...
Will Legalized Marijuana Laws Affect Immigration?
Although legislation to legalize marijuana abruptly stalled late last month, it is only a matter of time before the issue is revived, perhaps as early as June of this year. In spite of this, legalization of cannabis remains a hot legislative priority for a growing...
Will New Jersey Drunk Driving (39:4-50) Affect H-1B Stamping?
This is a very common question that we deal with in the ordinary course of our business. Unfortunately, it is also one that is extremely complex and heavily dependent on a number of factors, including but not limited to the nature of the offense; one's immigration...
Crimes in New Jersey That Can Expose Immigrants to Detainers
Last week, we wrote about New Jersey Attorney General Law Enforcement Directive 2018-6, which directs state law enforcement to refrain from actively enforcing immigration law except in narrowly defined circumstances. Two salient aspects of the directive prohibit law...
