The right to counsel holds true in proceedings before the Immigration Courts. The Due Process clause and the Immigration and Nationality Act afford an alien the right to counsel of his own choice at his own expense. 8 U.S.C. § 1362. Importantly, the Due Process provides the right to a fundamentally Fair Hearing. Immigration Judges …
Earlier we discussed the categorial approach Courts employ to determine whether a crime is one involving moral turpitude (CMT). We also explained that if the State definition of a CMT is not sufficiently similar to the generic Federal definition of a CMT, additional analysis would be necessary. One analysis the Courts employ is the modified …
Previously we explained the general definition of what constitutes Crime of Moral Turpitude (CMT) under the Immigration Laws. Courts will generally employ the “Categorical Approach” to determine whether a criminal conviction triggers deportation. Under this approach, one compares the generic, Federal definition of the CMT with the State Specific definition of the CMT. Specifically, Courts …
Have you ever committed a crime that rendered you inadmissible to the United States? For example, have you been convicted of any crimes of moral turpitude? Have you subsequently been removed from the United States? If not, are you now seeking to adjust your status but are unable to do so? Did you know that …
Processing of your Adjustment of Status Application proceeds along the following lines: Submission of relevant USCIS Adjustment of Status Forms USCIS sends out Receipt Letter USCIS schedules a Biometrics Appointment If any Interviews are required, USCIS will schedule one with a Notice of Action Letter If approved, USCIS will notify you in writing. It is …
To lodge a successful Adjustment of Status Application, one must file the following forms: The I-130 Petition The I-485 Beneficiary Application The I-864 Affidavit of Support The I-765 Application for Employment Authorization The I-131 Application for Advanced Travel Document Filing fees can increase or decrease depending on the situation. Generally, one must pay $535 for …
A crime of moral turpitude has been defined by the Board of Immigration Appeals as crimes contrary to the rules of morality and the duties owed between persons or to society. In the Matter of Franklin 20 I&N Dec. 867 (B.I.A. 1994). These crimes “typically involve rather grave acts of baseness or depravity such as …
Imagine the following situation: you are a non-citizen in the United States and have just gotten a notice from the United States Citizenship Immigration Service (USCIS). The notice states you will be deported from the U.S. because of your criminal background. Now, what are you going to do? How are you going to handle this …
Have you ever done anything that got you arrested? If so, did it leave a mark on your criminal records? Maybe you made a small careless decision that led you to negative consequences.However, if you are thinking about applying for U.S. citizenship, having a criminal record may be unfavorable for you. If you have gone …
Criminal record and applying for U.S. Citizenship Read More »
