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Boiler Plate Law »

[14 Nov 2011 | No Comment | ]

Ineffective Assistance of Counsel
The Board of Immigration Appeals (“BIA”) has determined the criteria for ineffective assistance of counsel in Matter of Lozada, 19 I&N Dec.637 (BIA 1988) [where ineffective assistance of counsel claims raised must:
(1) Have motion supported by affidavit setting forth agreement and representations by counsel;
(2) Inform counsel against whom the claim is made and give counsel opportunity to respond;
(3) Reflect in the motion whether a bar charge has been filed and if not, why not?
A motion to reopen premised on ineffective assistance of counsel must comply with …

Adam Walsh Act »

[13 Nov 2011 | No Comment | ]

Law Offices of Nicklaus Misiti recently won a waiver for a US citizen petitioning spouse that was convicted of a crime against a minor.  Below are some tips for getting your application approved.  For anyone who doesn’t know the Adam Walsh Act (“AWA”) prohibits individuals convicted of crimes against minors from petitioning for their foreign born spouse or other relatives to come to the United States as lawful residents.  The AWA does allow for waiver if the petitioner can show they are not a threat to the beneficiary.
Here are some …