President Obama has been all over the news recently talking about how the U.S. has begun normalizing relations with Cuba and the communist Castro regime. Many people in the U.S. think that decision is long over due, but many Cuban-Americans on both sides of the political aisle do not support…
Articles Posted in Lawful Permanent Residents
When can a sock get you deported?
Moones Mellouli came to the United States legally and became a lawful permanent resident. He went to college and attained multiple advanced educational degrees and became a professor. In 2009 he was arrested for DUI and the police found Adderall pills in his sock. Adderall is a drug that requires…
Just because you have been outside the U.S. for more than a year does not mean you abandoned your Green Card.
When a non-citizen is a lawful permanent resident (LPR), they are usually allowed to leave the U.S. and return almost as easily as a citizen. There are certain circumstances when LPRs who are returning to the U.S. will be treated like other non-citizens. Those situations include when the LPR has…
New Florida Case Illustrates need for Immigration Counsel in Criminal Court
A Florida court recently issued a decision that will have wide-ranging effects on how non-citizen criminal defendants approach their criminal cases. This decision makes it clear that every criminal defendant who is not a U.S. citizen should strongly consider hiring or consulting with an experienced immigration attorney before they even…
Two big reasons why you need both a criminal defense attorney and an immigration attorney in criminal court.
Every day thousands of people find themselves in criminal court having been accused of committing a crime. While criminal court can be a scary, intimidating and rough place to find oneself, it is particularly troublesome for criminal defendants who are not U.S. citizens. In addition to facing prison time or…
Push and Pull: the Forces that Drive Immigrants to Risk Everything to Come to the United States
I have had the pleasure of giving immigration presentations to many different groups since I began practicing immigration law. These groups include lawyers on both sides of the issue, law enforcement, business leaders, and just regular Joes and Janes looking for insight into this divisive and emotional topic. My background…
Summary of Recent Board of Immigration Appeals Decisions and Immigration-Related Decisions from the U.S. Court of Appeals for the Eleventh Circuit
Recent Published BIA Decisions: Matter of Hernandez, 26 I&N Dec. 464 (BIA 2015); The Board held that in order for a crime to be considered a crime involving moral turpitude (CIMT) a criminal recklessness mens rea coupled with no actual physical harm was sufficient to meet the definition of a…
New Published Board of Immigration Appeals Decision Regarding When Statutory Rape is an Aggravated Felony
The Board of Immigration Appeals recently published a decision that provided guidance on when state statutory rape statutes are considered sexual abuse of a minor aggravated felonies. In Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015), the Board held that in order for a consensual sex offense involving a…
New Published Board of Immigration Appeals Decision Regarding Crimes Involving Moral Turpitude
The Board of Immigration Appeals recently published a decision wherein they addressed the level of harm required for a conviction to constitute a crime involving moral turpitude (CIMT). In Matter of Hernandez, 26 I&N Dec. 464 (BIA 2015) the Board held that in order for a crime to be considered…
More Cubans are Risking their Lives to come to the U.S. after President Obama’s Cuba Announcement
On December 17, 2014, the President announced that the U.S. government would begin the process to resume normal diplomatic relations with the communist regime in Cuba. This announcement signified a change to the five-decade long policy of isolating the Cuban government. The announcement also sparked a new fear of the…