“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.

Foreign Nurse Visas

The Law Offices of Norka M. Schell, LLC — Mon, 07 Feb 2022 00:00:00 GMT

U.S. hospitals seek foreign nurses amid visa windfall. Since the pandemic, American hospitals have been facing a shortage of nurses, leading many hospitals looking abroad for healthcare workers. The U.S. has an unusually high number of green cards available this year for foreign professionals, including nurses. The burnout from working during the pandemic has led many U.S. nurses to retire or leave their jobs. The high number of covid-19 cases has also placed tremendous pressure on the healthcare system. USCIS said it would quicken the renewal of work permits for health care workers, which could help keep some foreign citizens in the U.S. on the job. Last year, the State Department told consulates to prioritize applications for workers at facilities that respond to the pandemic.
As a Foreign Nurse, Can I Work in the U.S. Temporarily?
If you are a foreign nurse and want to work in the U.S. on a temporary basis (without receiving a U.S. green card), you might be able to obtain an H-1B visa. An H-1B is a popular temporary work visa for foreign nationals who have a job offer from a U.S. employer to work in a “specialty occupation.”
Can I Obtain a U.S. Green Card as a Foreign Nurse?
Your U.S. employer might also be willing to sponsor you for a green card. The employer must first offer you a full-time, permanent nurse position. Second, your employer must complete a process known as “labor certification” on your behalf (more commonly referred to as PERM). Now, you might have heard a lot about the PERM/labor certification process, with all its advertising requirements, but this process is completely different (and easier) for nurse positions.
A nurse position is classified as a “Schedule A” position. Schedule A positions are ones that the U.S. government has recognized the U.S. needs more workers to fill. Therefore, employers are not required to post advertisements for Schedule A positions (a usual PERM requirement), because the U.S. government already knows there is a shortage of workers in these positions.
For additional information on how to obtain a Foreign Nurse Visa, call Law Offices of Norka M. Schell, LLC at 212-258-0713.

Foreign Nurse Visa - The Law Offices of Norka M. Schell, LLC

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

Foreign Nurse Visas

As a Foreign Nurse, Can I Work in the U.S. Temporarily?

Can I Obtain a U.S. Green Card as a Foreign Nurse?