Criminal defense attorney has a duty to advise immigrant non-citizens of immigration consequences of a guilty plea

On March 31, 2010, the United States Supreme Court in Padilla v. Kentucky, 2010 U.S. Lexis 2928 (March 31, 2010) held that immigrants and non-citizens with criminal convictions which subject them to deportation have a right to competent and affirmative advice regarding the immigration consequences of a guilty plea.  The Supreme Court held that absent … Read more

Employment based green card through PERM

Step-by-Step Procedures for Labor Certification The procedures for obtaining labor certification were radically changed in 2005, in an effort to streamline and shorten the application process. 1. Employer Requests Prevailing Wage Determination Under the new procedures, the first step is for the employer to approach the state workforce agency (SWA) serving the state where its … Read more

I have a green card and recently was arrested for shoplifting, will I be deported?

The answer to your question will depend on several things. First, it is important to review the statute under which you were charged. For example,crimes of larceny involve moral turpitude. On the other hand, the Board of Immigration Appeals has held that crimes of theft involve moral turpitude only when a permanent taking is intended. … Read more

SPONSORING A FIANCE OR SPOUSE FOR A GREEN CARD

Immigration Attorney Evita Tolu says planning your immigration strategy is as important as planning your wedding. If you are a U.S. citizen or permanent resident, and you are engaged or already married to a citizen of another country, that person may be eligible for a green card. However, many people believe, wrongly, that they can … Read more