Given the magnitude and ramifications of the government's imminent expansion of expedited removal, the lack of media coverage is confounding. In any case, readers should be aware that the new criteria is set to be applied any day now. In fact, according to an internal...
Deportation
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...
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...
What is the I-212? | Green Card After Deportation
It is a commonly misunderstood that an order of removal or deportation is tantamount to permanent banishment from the United States. While an order does bar an individual from re-entry, it does not necessarily mean that a person is forever banned from the United...
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...
Can ICE Arrest or Pick Someone Up Years After Conviction?
All too often these days, unfortunately, foreign nationals are picked up by Immigration and Customs Enforcement and detained for crimes for which they were convicted of years ago. Under Section 236c of the Immigration and Nationality Act, the government is allowed to...
New Jersey Shoplifting Theft Offense Held Not To Be Deportable
Late last month, attorneys in New Jersey were pleasantly surprised to learn of a one-year-old immigration court decision that directly implicates many issues currently impacting foreign nationals charged with disorderly persons offenses in our state. Although...
False Claims to US Citizenship To Get Private Job Must Be Proven on I-9 Form
The Ninth Circuit recently issued a precedential case that is instructive, and potentially helpful, to individuals accused of making false claims to US citizenship. In Diaz-Jimenez v. Sessions, No. 15-73603 (9th Cir. 2018), the court confirmed that obtaining private...
Denied U Visa Applicants and Battered Spouses May Be Placed Into Immigration Court
Earlier last month, we wrote about USCIS implementing the new Notice to Appear Policy Memorandum released on June 28 of this year. According to a bulletin released late last week, the second phase of expansion is scheduled to take place November 19, 2018. On and after...
USCIS Will Begin Placing People Into Deportation Court If Application Is Denied
On September 26, 2018, USCIS quietly announced that it will be implementing the June 28 updated guidance on issuance of Notice to Appears (NTAs). This will be an incremental roll out, with the new memo being applied to different types of cases at different stages....
