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Criminal Defense, Immigration Law

10 Tips for Working With an Immigration Attorney

If you have a criminal defense client who is not a United States citizen, there may be many complex immigration implications throughout their case. It is important to consult with an experienced immigration lawyer who can help to ensure your client’s rights are fully protected when it comes to their immigration status. The following are ten brief tips for collaborating with an immigration attorney on your criminal case:

  1. Know your professional obligations for clients who are noncitizens — It is important to understand your requirements when it comes to representing noncitizens in criminal matters, including but not limited to advising clients of any possible immigration consequences.
  2. Collect information from your client — It is important to gather information from your client regarding immigration status and history, criminal background, how immigration can affect family, work, and more.
  3. Ensure the immigration attorney has criminal law experience — Immigration relates to criminal law in a specific way and not every immigration attorney has experience working with defense attorneys on criminal cases.
  4. Call the attorney early-on in the process — The earlier you involve an immigration attorney in the case, the more you can be sure of any possible immigration consequences for your client.
  5. Have necessary immigration and criminal information ready for the immigration attorney — It always saves time and cost to have information prepared ahead of meeting with an immigration lawyer so you do not have to go back and gather more information and have another meeting.
  6. Carefully evaluate the possible immigration consequences of every individual charge — In many cases, your clients may be charged with multiple crimes or counts. Make sure you discuss each one with the immigration attorney as different crimes may have different consequences.
  7. Discuss implications of different plea bargains and sentences — Convictions may have immigration implications, but so can alternative pleas and programs, suspended sentences, and other nontraditional sentences.
  8. Get the immigration information in writing — In many cases, the prosecutor may want to see immigration analysis in writing as part of the consideration for a plea bargain or sentence recommendation.
  9. Refer your client to the immigration attorney if necessary — If removal or deportation proceedings seem probable, your client will need representation by an immigration lawyer throughout that process.
  10. Consider developing a relationship with a specific immigration lawyer — Having an ongoing reputation can save your clients costs and you can trust the analysis of the attorney you know well.

Call Our New Jersey Crimmigration Law Office for More Information

At the law office of Ronald P. Mondello, Esq. Attorney at Law, we help with immigration-related issues in criminal cases. If you have a noncitizen criminal client, call our office to learn about our services today.

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Immigration Law

New Rule Proposal May Help Foreign Entrepreneurs

The Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) recently announced the proposal of a new rule that may allow many foreign entrepreneurs the opportunity to grow their businesses in the United States. Aptly called the “International Entrepreneur Rule,” the proposal focuses on the discretionary powers of DHS and USCIS to grant temporary permission to certain individuals to remain in the U.S. for certain purposes. This temporary permission is referred to as “parole.”

Under the proposed rule, the immigration agencies would review whether to grant parole to specific foreign entrepreneurs based on the following criteria, as well as other relevant considerations:

  • Individuals who own at least 15 percent or more of a start-up and play an active and important role in the operations of the business;
  • The business was started in the previous three years in the U.S.;
  • The business shows the potential for significant growth and the creation of jobs in the U.S. based on receiving significant investments, grants, awards, or other factors that indicate future success.

If agents find that the above criteria are met, they would have the discretion to grant parole for the entrepreneur to stay in the country legally to continue developing and growing their new business for a period of two years. If in that two-year period, the foreign entrepreneur demonstrates that the business provides a benefit to the public due to jobs, revenue, or investments, the entrepreneur may apply for up to three more years of parole.

If this proposal becomes a final rule, it can help many foreign business people in the United States who want to start businesses do so without having to deal with specific visa requirements. In some cases, however, a visa may be a better option than applying for parole and an experienced immigration lawyer can help you weigh your options should this rule go into effect.

Call 201-703-9400 today for more information about our services today

At the office of Ronald P. Mondello, Esq. Attorney at Law, we are committed to helping foreign nationals succeed in business, education, and familial relationships in the United States. No matter what your immigration situation may be, we will review your case and advise on how we can help you. There are many options for you to remain lawfully in the United States, so please contact our office to discuss your situation today.

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Criminal Defense, Immigration Law

Non-English Speakers and the Miranda Warning

The Miranda warning is one of the most well-known set of rights in the criminal justice process. Anyone who has watched TV or movies has likely heard law enforcement inform someone getting arrested that they had the right to remain silent and the right to an attorney. However, many people in the United States may have difficulty comprehending the meaning of these warnings and rights as they do not proficiently speak or understand English.

People in police custody do have the option to waive their Miranda rights and speak with police and answer their questions without legal representation. However, in order for a waiver of your rights to be valid, you must fully understand the nature of your rights and the potential implications of a waiver. If you do not comprehend what you are saying, further questioning without an attorney present may constitute a violation of your civil rights under the 5th Amendment.

Answering police questions without an attorney present can have a significantly adverse effect on your case. Police officers may tell you they are on your side and only trying to help when, in reality, they are trying to gather as much evidence as possible to support a criminal charge against you. You may answer a question that you believe is completely harmless only to later learn that police interpreted or skewed your statements in an incriminating manner.

If our law firm is defending someone who spoke to the police and we suspect that they did not fully understand their Miranda rights due to a language barrier, we can work to prove that the waiver of their rights was invalid and that any statements they made to police should be suppressed. This often means that potentially incriminating statements or even confessions can be kept out of court. In many cases, these statements constitute a large part of the prosecutor’s evidence and suppressing them can result in dropped charges. It is important to consult with an attorney as soon as possible so we can identify whether your rights were violated.

Contact a New Jersey and New York Crimmigration Attorney Today

Ronald P. Mondello, Esq. Attorney at Law is a highly experienced criminal defense and immigration attorney who fully understands the unique issues faced by noncitizens and non-English speakers facing criminal charges. If you have been arrested or are facing criminal charges, please contact our office as soon as possible to find out how we can help you.

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Immigration Law

Immigration in the Election Year

The challenges and blocks to President Obama’s executive orders regarding immigration policy earlier this summer demonstrate how immigration is an ongoing issue in politics. In fact, immigration has played an extremely key role in the 2016 presidential election, with both candidates regularly speaking about their immigration policy plans. The following is a brief overview of the stance of each major presidential candidate’s viewpoints on immigration as they have expressed in the media.

Donald Trump – Donald Trump began his campaign announcing his plans to build a giant wall across the entire southern border of the United States. In addition, he has stated that he plans to deal with anyone entering the United States unlawfully “very firmly.” As for the millions of undocumented immigrants currently living in the U.S., Trump supports deportation for those who have committed crimes and has changed his mind regarding those with no criminal history. Originally, Trump stated he wanted to provide few options for undocumented immigrants, however, recently he stated he plans to “work with them,” though there will be “no citizenship” opportunities provided. Trump would limit the number of new immigrants allowed in, citing terrorism concerns, and blamed the Orlando Pulse shooting on immigration, even though the shooter was born in the U.S.

Hillary Clinton – Hillary Clinton has taken quite a difference stance on immigration reform from her major competitor. She supports many immigration policies that are supported by the Obama administration that aim to keep families together and to focus deportation on border control efforts and for immigrants who have committed serious crimes. She does believe in providing a path to both lawful permanent residency and even to citizenship, even for immigrants who have unlawfully lived in the U.S. for years. Clinton has stated she believes keeping families together is important and even said she would increase the number of Syrian refugees who would be welcomed into the U.S.

Call 201-703-9400 today for more information about our immigration law services today

No matter how immigration policy changes in the coming months or years, one thing is for certain – millions of foreign nationals living in the United States will still need assistance with immigration matters. Whether you have a criminal conviction or not, experienced immigration lawyer Ronald P. Mondello, Esq. Attorney at Law can help advise you of your options and find solutions to protect you from removal or deportation. If you are in New York or New Jersey, please call our office to learn more today.

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