Immigration Visa Attorney Blog

Jul 22, 10 11:45 AM Mendieta-Robles v. Gonzales: "Offer To Sell" Not Considered An Aggravated Felony. Why It Pays To Pay An Attorney For Advice. I receive many calls daily requesting recommendations on immigration related matters. Like most lawyers, I...

Jul 21, 10 11:28 AM Immigration Attorney Outlines The Petty Offense Exception Unfortunately, if the crime committed involves drugs, the foreign national will not be eligible for the Petty Offense Exception. Crimes involving moral turpitude, though, do qualify for the Petty Offense Exception. Common crimes that involve moral turpitude include fraud, larceny, and intent to harm persons or things. Some of the most difficult crimes to categorize as involving moral turpitude are those against property. Usually, crimes against property involve moral turpitude if one of the elements of the crime is fraud or if the crime involves an inherently evil act. For example, arson, blackmail, burglary, embezzlement, extortion, false pretenses, forgery, malicious destruction of property, receiving or transporting stolen goods, robbery and theft are crimes generally believed to involve moral turpitude. On the other hand, damaging private property, breaking and entering, passing bad checks, possessing stolen property, joy riding and juvenile delinquency are frequently not considered crimes of moral turpitude. There may also be certain types of post-conviction relief that can convert a crime that does not qualify for the Petty Offense Exception into one that does qualify, such as a reduction in the sentence imposed, the reduction of a felony to a misdemeanor, or the reduction of a misdemeanor to an infraction. The types of post-conviction relief available, if any, will vary from state-to-state and are highly dependent upon each individual's unique circumstances. It is strongly recommended for any foreign national with a criminal conviction or admission to speak with experienced immigration counsel, not only to determine the ramifications of the conviction or admission, but to also thoroughly understand their options moving forward.

Jun 21, 10 11:08 AM IT Consulting Companies Suing USCIS Over Neufeld H-1B Memorandum The United States Citizenship and Immigration Services (USCIS) has been continually threatened with lawsuits ever...

May 30, 10 04:09 PM Port Of Entry LCA Inspections In The Wake Of The Neufeld H-1B Memorandum Our firm has recently learned that, in light of the Neufeld H-1B Memorandum, certain ports...

May 28, 10 03:55 PM H-1B Cap for Fiscal Year 2011 The United States Citizenship and Immigration Services (USCIS) issues 65,000 new H-1B visas annually for...

May 21, 10 02:14 PM Arizonian Like Immigration Law To Be Introduced In Michigan In light of the immigration law recently passed in Arizona, similar legislation has been proposed...