Many people believe that when an immigrant is ordered removed from the United States by an immigration judge, that they are immediately removed. The truth is that the United States doesn’t have the resources to physically remove the countless non-citizens who have been ordered removed. There is one arrow left…
Florida Immigration Lawyer Blog
Lasnetski Gihon Law Adds Former Immigration Prosecutor to the Firm
Lasnetski Gihon Law is pleased to announce the upcoming addition of John Gihon to the firm. The newly named Law Offices of Lasnetski Gihon Law will open an office in Orlando to further serve clients in the southern Georgia, northeast Florida, and central Florida locations in all matters related to…
Asylum Re-Adjustment Not Allowed Says The BIA
In Matter of C-J-H, 26 I&N Dec. 284 (BIA 2014), the Board of Immigration Appeals held that a person who adjusted their status to that of a lawful permanent resident after having been granted asylum cannot readjust their status to avoid removal consequences of criminal convictions. This decision is a…
30 Day Deadline to Appeal Removal Orders
In the event that an Immigration Judge finds a person removable from the United States and denies that person any form of relief, there is a 30 day deadline to appeal to the Board of Immigration Appeals. This is an extremely important deadline. Many potential clients have come to my…
Attempted Possession of A Stolen Vehicle Not Categorically an Aggravated Felony in the Ninth Circuit
The Board of Immigration Appeals (BIA) recently held, in Matter of Sierra, 26 I&N 288 (BIA 2014), that a conviction for attempted possession of a stolen vehicle in violation of Nevada law is not categorically an aggravated felony, under INA Section 101(a)(43)(G) and (U), as an attempted theft offense. The…
Know Before You Go: Affidavit of Support Issues
For most green card based petitions, the Petitioner (i.e. U.S. citizen or U.S. employer) must file an Affidavit of Support as a sponsor to the beneficiary (intending immigrant). The Affidavit of Support is a contract between the sponsor and federal government and is enforceable. Should the intending immigrant become a…
Canadian Citizen Justin Bieber Arrested: Immigration Consequences?
Canadian citizen Justin Bieber was arrested early this morning for Driving Under the Influence, Driving with No Valid Driver’s License and Resisting Arrest. Not only will he face possible criminal sanctions, including the possibility of a jail sentence, he could also incur some negative immigration consequences. Driving with No Valid…
Know Before You Go: Issues for Family Based Marriage Cases
Complex issues can arise for a couple who are citizens of different countries, but want to stay together. Non-Immigrant visas are temporary. A non U.S. citizen who wants to visit their U.S. citizen significant other may run into problems at the embassy because the government may believe that his or…
Know Before You Go: Issues for Non U.S. Citizens Leaving the U.S.
Navigating the stormy waters of the Immigration and Nationality Act can be a hazardous proposition for even the most experience immigration lawyers. But for immigrants not familiar with the American immigration system, it can be downright treacherous. Take for example the distinction between removability and inadmissibility. Admissibility relates to the…
Possession of Ammunition By a Convicted Felon is an Aggravated Felony
One of the more controversial laws on the books in both federal jurisdictions and many state jurisdictions is the crime of possession of ammunition by a convicted felon. Under Federal law and here in the State of Florida, it is a felony for a convicted felon to possess ammunition. It…