For the poor unfortunate immigrant who finds themselves in removal proceedings, the process can be scary, confusing, and heartbreaking. Many immigrants are so intimidated by the removal process that they purposely fail to appear for court. The worst thing you can do if you are an immigrant who finds yourself…
The U.S. Supreme Court ruled in Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010) that defendants have a Constitutional right to receive accurate advice from their criminal attorneys about the immigration consequences of any criminal conviction. The Florida Supreme Court has ruled that where the immigration consequences of a…
On Friday, August 22, 2014, John Gihon, a partner with Lasnetski Gihon Law, provided a two-hour training course to attorneys with the Public Defender’s Office in Jacksonville, Florida. The training course was entitled, the Immigration Consequences of Criminal Prosecution, or “Crimmigration.” Mr. Gihon is a former state prosecutor and former…
On August 15, 2014, the Board of Immigration Appeals issued a published decision in Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014), regarding the immigration consequences of a conviction for violating Florida Statute § 893.13(1)(a)(1) (sale, manufacture, delivery or possession with intent to sell, manufacture or deliver, a controlled…
President Obama has said that if Congress failed to act to pass comprehensive immigration reform before the August Summer recess, he would be forced to take action on the matter. Many legal scholars and activists have chimed in on what they think the President should do and what they think…
The short answer is no for a sealed record, but likely yes for an expunged record. If you seal a criminal record, it does not erase it for immigration purposes. Therefore, the Department of Homeland Security (DHS) can still use that criminal record to seek to remove you from the…
In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that the Government might rely on subsequent convictions to prove that a returning lawful permanent resident (LPR) is applying for admission and is removable from the U.S. In this case, Maria Luz Munoz was a long-time…
The quick and easy answer is YES. No matter what the crime is for which you were arrested, if you are not a citizen of the U.S., you should immediately begin worrying about how that arrest will effect your immigration status. While the immigration consequences of your criminal prosecution may…
One of the common mistakes I see lawful permanent residents make is applying for naturalization when they have a criminal conviction without consulting with an immigration attorney. If that prior conviction is a deportable offense, USCIS can, and often will, issue a Notice To Appear to the applicant and place…
Did you know that the United States Citizenship and Immigration Services (USCIS) can deny your N-400 Application to become a U.S. Citizen if you are a male that failed to register for the Selective Service between your 18th birthday and your 26th birthday? Many of our clients had no idea…