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Criminal Defense

Major Changes Criminal Justice System in 2017

 …And What It Means to the Foreign National

Immigration law and criminal law commonly intersect, as many non-citizens may be arrested and accused of criminal offenses. As a foreign national, the criminal justice system in New Jersey may be confusing and overwhelming. You may be placed in a jail cell and may not have any idea what will happen next, what your rights may be, or how your arrest will affect your immigration status. You may be especially intimidated by the process if there is a language barrier. Any foreign national who has been arrested should immediately call an experienced crimmigration attorney who can handle both the criminal and the immigration sides of your case.

New Bail Reform in NJ

In order to understand the changes to the criminal system that will take place in NJ on January 1, 2017, you must understand what happens once you are arrested. Within 48 hours of your arrest, the court will issue a pretrial decision, which is generally one of the following:

  • You should be released with no charges or summons;
  • You should be released with a summons to return to court on a particular date to face your charges;
  • You should be held and can only be released if you pay the bail set in your case.

Bail can range from a few hundred dollars to a million dollars or more, depending on the alleged offense. However, many people who are arrested for relatively minor offenses cannot even afford to pay a small amount of bail and then they must sit in jail waiting for their case to be resolved.

The new bail reform in New Jersey will require anyone who is not released on a summons to have their case reviewed by a court that will set bail based on the following factors:

  • Whether release presents a threat to the community
  • The likelihood of the defendant coming to court

Bail will not be an automatic and arbitrary decision and instead, defense attorneys will have the opportunity to argue for a quick pretrial release instead of bail. This should significantly reduce the number of financially struggling defendants – both citizens and non-citizens – that will have to wait in jail for extended periods of time during their cases.

Call 201-703-9400 today for more information.

If you need any assistance with a criminal or immigration matter, please contact the office of Ronald P. Mondello, Esq. Attorney at Law for assistance today.

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Immigration Law

Per-Country Numerical Limitations for Immigrant Visas

United States citizens and lawful permanent residents have the right to petition the government for visas that would allow their family members to come into the U.S. Employers also have the ability to petition the government for visas that allow them to hire employees from certain foreign countries or to bring employees from foreign offices to work at a U.S. location. However, the specific country from which the foreign national is coming plays an important factor in whether a visa will be approved and the amount of delay experienced before a visa is obtained.

One country-specific limitation is a numerical cap of how many immigrants can obtain visas from certain countries on an annual basis. This type of limitation does not affect petitions for immediate family members to obtain visas but does affect other types of immigrants. Current examples of such numerical caps include the following:

  • 140,000 visas that are employment-based;
  • 480,000 visas that are family-based;
  • No more than seven percent of total visas issued can come from one specific country.

The above caps can cause significant waiting periods for certain visa applications, especially if the quota is consistently hit every year. This means that foreign nationals of countries with a much higher volume of applications may have to wait much longer than nationals of countries with relatively few applications. The State Department issues approximate expected wait times for visas by specific countries in its bulletin based on the “priority date,” which is close to the application filing date. This year’s bulletin shows that family-based applications with the following priority dates are currently under review and being processed by USCIS:

  • China, India, and most other countries = priority date of May of 2009, which means a delay of more than seven years;
  • Philippines = priority date of March of 2005, which means a delay of more than 11 years;
  • Mexico = priority date of March of 1995, which means a delay of more than 21 years.

A proposed bill in Congress, H.R. 213, seeks to increase the per-country numerical limit for family-based visas and to eliminate the caps for employment-based visas altogether. This would, in turn, decrease wait times for visas significantly. We will keep you updated on any new developments regarding the law and immigrant visas.

Call 201-703-9400 today for more information.

The laws and procedures regarding immigrant visas are confusing and can change often. If you have any questions regarding any immigration matter in New Jersey or New York, please contact Ronald P. Mondello, Esq. Attorney at Law for help today.

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Immigration Law

What is DAPA?

In late 2014, President Barack Obama announced that he was directing the Department of Homeland Security to not deport certain undocumented parents of U.S. citizens or lawful permanent residents who have lived in the United States since 2010. The program, known as Deferred Action for Parents of Americas, or “DAPA,” would not grant eligible individuals full legal status but rather would provide a three-year renewable work permit and exemption from removal from the country. Like DACA (Deferred Action for Childhood Arrivals,” DAPA is a use of prosecutorial discretion on the part of the federal government.

The Current Status of DAPA

Currently, DAPA (and an expansion of DACA that was announced at the same time) are not in effect due to a federal court’s injunction that is in place while state-initiated lawsuits are pending. In the summer of 2016, the United States Supreme Court reached a 4-4 split decision in the case resulting in the injunction remaining in place.

If DAPA is Implemented, Will I be Eligible?

There are a number of requirements for eligibility under the proposed DAPA program. These include the following:

  • You must be a parent of a lawful permanent resident or U.S. citizen
  • You must have continuously lived in the U.S. since January 1, 2010
  • You must have been present in U.S. on November 20, 2014
  • You must have had any lawful immigration status on November 20, 2014
  • Your criminal record must be free from certain categories of offenses

Establishing DAPA eligibility if and when the program takes effect may be difficult for undocumented immigrants due to their undocumented status. For this reason, if the program is implemented, it is advisable for anyone who is seeking deferred action status under DAPA to speak with an attorney as soon as possible. An attorney can help in many ways, such as obtaining affidavits or other documentation establishing your continuous presence in the United States since 2010 and reviewing your criminal record to see whether you qualify.

Call 201-703-9400 today for more information.

While obtaining deferred action status through DAPA is not an option as of now, there may be ways that an immigration attorney can help you gain lawful status. Attorney Robert P. Mondello is a skilled New Jersey immigration attorney with over two decades experience representing the rights of individuals with issues related to immigration law. To schedule a consultation, call our office today at 201-703-9400.

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Criminal Defense, Immigration Law

Can a DWI with a Minor in the Vehicle have Immigration Consequences?

If you are a foreign national living in the United States, you may have some general understanding of the fact that a criminal conviction can have an impact on your immigration status. Of course, an immigrant who is lawfully in the United States will not get removed for offenses like speeding or even a “simple” DWI. What if, however, you are caught driving drunk and have a minor in the vehicle with you?

Having a Child in the Car when You are Drunk May be a Deportable Offense

In order to be removed, the offense committed by a non-citizen must be considered a crime of moral turpitude or an aggravated felony by immigration authorities. While DWI itself is not considered a crime of moral turpitude, there are many aggravating factors that can make it one, including driving with a minor in the car. Under New Jersey law, it is a separate offense to drive drunk with a minor in the car, and doing so may also result in a child endangerment case against you.

What are my Options?

While each case is different, any non-citizen who is facing a criminal case that may involve a crime of moral turpitude should speak with an attorney immediately. You may have various options that could keep you in the country. These can include the following:

  • Challenging the Assertion that You Were Drunk – One option is to challenge the assertion that you were drunk in the way that you would in any DWI case. If the prosecution cannot establish that you were drunk beyond a reasonable doubt, you will likely be acquitted and not face any immigration consequences.
  • Negotiating a Plea Agreement that Addresses Your Immigration Concerns – In some cases, you may be able to negotiate a plea agreement with the prosecutor that avoids triggering any immigration consequences. If you choose to pursue this route, you should do so with the assistance of an experienced attorney who understands how criminal and immigration law interact.

Call 201-703-9400 today for more information.

If you are a non-citizen that is facing a criminal case, you need to speak with an immigration attorney immediately. It is important to understand that many criminal defense lawyers will not recognize the potential immigration consequences of a particular plea or result, potentially putting your immigration status at risk. To schedule a consultation with New Jersey immigration attorney Robert Mondello, call our office today at 201-703-9400.

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