Home » Archive

Articles tagged with: Nicklaus Misiti

Uncategorized »

[19 Sep 2012 | No Comment | ]

Deferred Action for Childhood Arrivals (“DACA”) is a recent policy change which has given many young people brought to the US illegally hope for a somewhat normal future.  However, after 1 month of accepting applications, it is clear the program is fraught with potential risks and complications.  For those who think it is simply filling out a few forms, it is crucial that an experience immigration attorney be involved in the process because the consequences of misfiled applications can be so serious.
For those that don’t know DACA grants a quasi-legal …

Uncategorized »

[4 Sep 2012 | No Comment | ]

Cancellation of Removal can only be issued by an immigration judge and the applicant must meet certain requirements.  Those requirements differ depending upon whether the applicant is a Lawful Permanent Resident (LPR) or a non-LPR
Cancellation of Removal for Permanent Residents
A LPR of the United States who is placed in removal proceedings before an Immigration Judge is eligible for Cancellation of Removal if he or she meets the following requirements:
(1) Has been lawfully admitted as a permanent residence for at least five (5) years;
(2) Has resided in the United States continuously for seven …

Legal »

[27 Aug 2012 | No Comment | ]

Recently the controversial Secure Communities program has been expanded to New York.  The program requires local jails to match fingerprints against a federal immigration database. Immigration and Customs Enforcement (ICE) then has the local jails detain people they think may be in the country without authorization, while it decides whether to proceed with deportation/removal proceedings.
This means that individuals who are not citizens of the U.S. may be subjected to detention and removal proceedings if they come into contact with local law enforcement.  Now more than ever it is important for …

Adam Walsh Act »

[9 Dec 2011 | One Comment | ]

Client married a Chinese national but was convicted of a specified offense against a minor and the Law Offices of Nicklaus Misiti successfully argued client was not a threat to his spouse and procure her lawful resident status.
Under the Adam Walsh Act a person convicted of certain offenses against a minor is prohibited from petitioning to bring any non-citizen family member or spouse to the US. Such individuals are not only prohibited from petitioning for a minor child but they are also prohibited from petitioning for any adult beneficiary, such …

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 …

Legal »

[13 Nov 2011 | 2 Comments | ]

According to the United States Citizenship and Immigration Services, an “LPR” is a legal permanent resident. This means that the resident is allowed to live and work in the United States on a permanent basis.
There are a number of ways for a person to become a Legal Permanent Resident in the United States.
Many people who are not citizens of the United States, for example obtain Green Cards for lawful permanent residency. These people may have a family member who is a citizen of the United States, and that family member …