Monthly Archive: February 2014

Feb 12

Can an LPR erase their criminal history with the 212(h) waiver?

Green card

A 212(h) waiver can be a powerful tool used in your immigration case to help you stay or enter the United States.  After all, it can erase your crime involving moral turpitude (“CIMT”), multiple criminal convictions, prostitution and commercial vice offense, and simple possession of 30 grams or less of marijuana.  Oddly enough, this remedy …

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Permanent link to this article: http://blog.weismanlawyers.com/can-an-lpr-erase-their-criminal-history-with-the-212h-waiver/

Feb 11

Can an overturned conviction be used as evidence for Immigration Court?

9th-Circuit-Court-of-Appeals

Let’s suppose you are in Mr. Chavez-Reyes’ shoes: Non-citizen/immigrant You are unlawfully stopped by police Charged with a federal crime, Pressured to plead to the crime to avoid a higher sentence that could be imposed at trial, and Find out from a new attorney that you were in fact unlawfully stopped; Appeal your conviction; You win …

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Permanent link to this article: http://blog.weismanlawyers.com/can-an-overturned-conviction-be-used-as-evidence-for-immigration-court/

Feb 11

Does the Trust Act Actually Protect the Detained?

Stop_deportations_poster-602x451

Yes, the new law is already protecting immigrants who are suspects of crimes.  I recently had the pleasure of seeing the act in action this past week with my own client.  We anticipated that the Sheriffs of San Mateo Maguire Jail would transfer my client to immigration custody since had an immigration hold.  This was …

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Permanent link to this article: http://blog.weismanlawyers.com/does-the-trust-act-actually-protect-the-detained/