Although a relatively recent United States Supreme Court decision held that a conviction for simple battery in the State of Florida could not serve as a crime of violence, an Eleventh Circuit Court of Appeal decision distinguished that a felony battery conviction is a “crime of violence,” at least for…
Injunctions for protection, also commonly referred to as restraining orders, continue to serve as a potential pitfall for non – United States citizens. Injunctions are extremely easy to obtain and little evidence is required to obtain one. Often, a judge will issue an injunction based solely on the word of…
Many immigration cases can take up to a year or more during what is called the normal processing time. For example, the local Jacksonville USCIS office has a published processing time of 8 months to 15.5 months for a spouse of a United States Citizen to obtain a greencard. If…
In another recent decision that Attorney General Jeff Sessions has assigned to himself, the Attorney General has foreclosed refuge for countless immigrants attempting to escape domestic violence in their home countries. In Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), the Attorney General overruled a Board of Immigration Appeals…
There are two potential provisions of law that DHS (Department of Homeland Security) use to deport non – United States citizens for prostitution convictions. The first is by claiming that it is a “crime involving moral turpitude.” The second, which is much more severe, is that it is an “aggravated…
In a disappointing decision by the Attorney General, a decision has been made on whether immigration judges and the Board of Immigration Appeals have discretion to administratively close deportation proceedings. Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) was decided on May 17th, 2018 after the Attorney General referred…
A recent United States Supreme Court case will make it harder for the government to deport a non – United States citizen for being convicted of certain offenses. In Atty Gen’l vs. Dimaya, the Supreme Court found that a provision of the Immigration and Nationality Act was overly broad…
Criminal convictions are a primary basis for deportation or denial of immigration benefits, like greencards, visas, and naturalization. A criminal conviction can have devastating consequences on your immigration options. Some convictions may result in deportation. Some may not. Immigration is controlled by federal law. Most convictions are based on state…
Unfortunately, immigration lawyers around the country often get calls from petrified non-U.S. citizens who are in an abusive relationship and living in fear of deportation. A United States citizen who marries a non-citizen can file an I-130 petition on the spouses behalf to pave the way for the immigrant spouse…
The Immigration and Nationality Act (INA) §237(a)(2)(E)(i) makes a non – U.S. citizen deportable if he or she is convicted of a crime of domestic violence, stalking, child abuse, child neglect, or child abandonment. Immigration attorneys often litigate whether a state conviction can be the basis for a federal deportation. The…