Domestic Violence - The Law Offices of Norka M. Schell, LLC

“NY Convictions And Immigration Consequences: What You Need To Know”

The Law Offices of Norka M. Schell, LLC — Wed, 27 Nov 2024 00:00:00 GMT

As an immigration and criminal attorney in New York, I’ve seen firsthand the devastating impact of a New York conviction on the lives of individuals, particularly, on noncitizens’ lives. I’ve also seen the devastating impact of deportation on the lives of individuals, and the lives of their family members. Under the Donald Trump second term administration, the challenges are even more daunting.

A New York conviction, on specific crimes, such as murder, rape, child molestation, trafficking, theft, burglary, possession or distribution of controlled substances, crimes related to domestic violence, firearms offenses, and multiple convictions, can lead to severe immigration consequences, including deportation, detention, and ineligibility for immigration benefits[1]. Noncitizens who are in the United States illegally or have a criminal conviction are particularly vulnerable.

Individuals who have final orders of removal and are still in the country are at risk as well, because they are considered to be in the country unlawfully and are subject to arrest and detention by the Immigration and Customs Enforcements (ICE) at any time and be removed from the county without hearing.

The Trump Administration’s aggressive immigration enforcement policies, including mass deportation, have created a climate of fear and uncertainty for noncitizens[1]. The administration’s plans to utilize the military, diplomats, and other government workers to aid deportations have raised concerns about the potential for human rights abuses.

Furthermore, the administration’s use of the 1798 wartime statute known as the Alien Enemies Act to rapidly deport alleged gang members has sparked controversy[1]. Critics argue that this law could be used to justify indefinite detention and removal of individuals without judicial review.

As an attorney, I’ve seen how a New York conviction can lead to a noncitizen being placed in removal proceedings. The consequences can be severe, including separation from family, loss of livelihood, and even danger in the country of origin.

To get ready here are some steps one can take:

Seeking legal consultations: It’s essential for noncitizens who are facing criminal charges or have a criminal record or have a final order of removal to seek the advice of an experienced immigration and a criminal attorney. We can help navigate the complex immigration laws and advocate for the noncitizens’ rights.

Creating a safety plan: Identify emergency contacts, memorizing phone numbers, and providing authorization for emergency contacts to make medical and legal decisions for children are essential steps.

Gathering documents: Collecting identify information, financial documents, and proof of residency can be crucial in case of deportation.

Being cautions of scams: With the rise of deportation threats, scams targeting immigrants are increasing. It’s essential to be skeptical of social media posts promising quick immigration relief and never sharing personal information or paying fees to unverified sources

Stay informed: Staying up-to-date with the latest news updates on immigration policies can help families prepare for potential changes.

Know your rights. Educate yourself about your rights as an immigrant. Regardless of your criminal history, you have rights that must be respected. Understanding these rights can empower you to make informed decisions and protect yourself if you encounter law enforcement or immigration officials.

It’s heartbreaking to see families preparing for the possibility of being torn apart. But by taking proactive steps, they can be better equipped to face the challenges ahead.

[1].https://www.reuters.com/world/us/inside-trumps-plan-mass-deportations-who-wants-stop-him-2024-11-06/

[1]Id.

The Dynamics Of Family Custody In New York: The Role Of Physical Custody And Decision Making Authority

The Law Offices of Norka M. Schell, LLC — Fri, 18 Oct 2024 00:00:00 GMT

In recent year the New York Courts have developed a nuanced approach to custody arrangements, recognizing that the best interests of the child can sometimes be served by a combination of physical custody and share decision-making responsibility (joint legal custody). This framework allows for a tailored solution that take into account the unique circumstances surrounding each family, particularly in cases where joint custody may not be appropriate.

UNDERSTANDING PHYSICAL CUSTODY AND DECISION-MAKING AUTHORITY

Physical custody refers to where a child resides and who is responsible for their day-to-day care. In contrast, decision-making authority pertains to who has the power to make significant decisions regarding a child’s upbring, including education, healthcare, and religious upbring. In New York, New York Family Court or a New York Superior Court may award physical custody to one parent while dividing the “SPHERE OR ZONE OF DECISION-MAKING” between both parents.

This arrangement can be beneficial in situations where one parent may be better suitable to provide a stable home environment, while the other parent can still play an active role in important decisions affecting the child’s life. Such approach aims to foster cooperation between parents and ensure that children benefit from the environment of both parents, even if they do not live together.

THE IMPACT OF DOMESTIC VIOLENCE ON CUSTODY DECISONS

While the flexibility in custody arrangements offers advantages, certain factors can significantly influence the court’s decisions. One of the most critical considerations is the presence of domestic violence. Courts are mandated to evaluate the impact of domestic violence on custody arrangements, as it poses a substantial risk to the safety and well-being of both the child and the victimized parents.

In cases where there is evidence of domestic violence, courts my determine that joint custody or any form of share decision-making is inappropriate. The rationale behind this is clear: The safety of the children and the custodial parent must take precedence. The existence of domestic violence can lead the court to favor sole custody for the non-abusive parent, limiting the decision-making authority of the abusive parent, if any is granted at all.

TAILORING CUSTODY ARRANGEMENT TO INDIVIDUAL CIRCUMSTANCES

The New York Family legal system emphasizes that custody decisions are not one-size-fits-all, they must be tailored to the specific circumstances of each case. Factors such as the nature of the relationship between the parents, their ability to communicate and cooperate, and the presence of any risk factors, such as domestic violence, are all taken into account.

In practice, this means that in scenarios where joint custody is deemed inappropriate due to the dynamics of the relationship or the safety concerns, it may still be possible to grant the non-custodial parent some decision-making authority. This approach acknowledges the importance of both parents in the child’s life while prioritizing the child’s safety and well-being.

CONCLUSION

The evolving landscape of the New York Family Custody Law reflects a commitment to prioritizing children’s Best Interests while also recognizing the complexities of family dynamics. The ability to award physical custody to one parent while dividing decision-making authority allows for greater flexibility and responsiveness to individual circumstances. However, the critical issue of domestic violence serves as a potent reminder that the NY Court’s primary concern must always be the safety and welfare of the child. As such, each custody case must be carefully evaluated, ensuring that the arrangements support the child’s healthy development and emotional security.