Lawyer Monthly Magazine - September 2019 Edition

88 WWW.LAWYER-MONTHLY.COM | SEP 2019 unbearably difficult or complex legal decisions or reasoningwhich tend to defy belief. Unfortunately, activist judges, law clerks, law enforcement, or examiners (either pro or anti-immigration) have been able to inject their own personalities and feelings into cases andmatters, which defeats the whole idea of a legal based, neutral immigration system. The major bodies of law governing the US Federal Immigration System are the Immigration and Nationality Act (“INA”) for US case adjudication, and the Foreign Affairs Manual (“FAM”) for US Consulates/Embassies overseas. The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law. The INA is contained in the United States Code (U.S.C.). The US Code is a collection of all the laws of the United States. Title 8 of the U.S. Code covers “Aliens and Nationality.” Can immigrants be deported if married to a US citizen, or if they hold their own green card? Yes, immigrants can still be IMMIGRATION LAW What are the criminal grounds for deportation? Are there any Acts which protect immigrants in such an instance? Since criminal law is a state- by-state matter, with some jurisdictions handling/processing thesameorsimilarcriminalmatters differently, a huge challenge in the federal immigration adjudication process has historically been how to treat said criminal cases in a streamlined, predictable, cogent and uniform manner. Indeed recent case law in the federal courts have grappled with vague terms such as “crime of moral turpitude” or “aggravated felony” and have lambasted the immigration courts, judges, Immigration Customs Enforcement (“ICE”), and the Department of Homeland Security (“DHS”) for such arbitrary, capricious, vague and biased decisions tending to either favour, or disfavour, certain applicants/litigants with What are common complexities in US immigration law? What is the best way around such complexities? With the advent of a more conservative administration pertaining to immigration and customs enforcement, not to mention the clamping down on de novo immigration petitions for both work and family, as well as asylum, the greatest challenge nowadays is to communicate with businesses and individual clients that any and all immigration packages must be carefully and thoroughly prepared and backed up by solid evidence; it is now more important than ever to have a skilled, experienced, established, and decades old law firm such as ours, with a proven track record of success and ingenuity, to prepare and process your claims, rather than using newer or lesser law firms where cost is the only factor. IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS Rahul Manchanda speaks to us below about US immigration law. With different states having different laws, he reveals the complications that arise, especially for those who may be convicted or accused of a crime whilst residing in the US. Rahul Manchanda, Esq. Owner of the Manchanda Law Office PLLC 30 Wall Street, 8th Floor, New York NY 10005 | Tel: (212) 968-8600 E: info@manchanda-law.com | www.manchanda-law.com deported if married to a US Citizen or if they hold a green card, if any issues pertaining to fraud or criminal activity triggering removal proceedings occur. However, it is much more difficult to deport someone if they are married to a US Citizen, have immediate family members using a hardship waiver, if they have been in the USA for 10 years or more using cancellation of removal, or otherwise lack a criminal record. Additionally, many defences to deportation do exist, usually centering on the above issues or if they pursue citizenship. What are common criminal Immigration issues you come across? The gamut runs from allegations of immigration fraud, criminal acts/convictions, drugs trafficking and use, domestic violence, visa overstays, violations of immigration status, “moral turpitude,” illegal weapons trafficking/possession, crimes of violence, and other acts. From the above, do you think that there ought to be regulatory changes, which would benefit your clients? As was stated above, the challenge in any federal legal “The challenge in any federal legal system comprised of sub-states having their own bodies of law, whether it is criminal, family, or contract, is the uniform applicability of the laws.” Thought Leader By Rahul Manchanda, Esq., Manchanda Law Office PLLC