What follows is quick guide that focuses upon the immigration consequences of Arizona DUI’s for LPR’s, VISA holders, and DACA recipients.
There has always been some uncertainty as to what crimes could constitute a “crime of violence” and thus an aggravated felony, for immigration purposes. This is a serious issue because an alien that is convicted, at any time, of an aggravated felony is deportable. In a long awaited decision, the Supreme Court recently held, in Sessions v. Dimaya, that one of the statutes affecting deportable aggravated felons is vague enough to be unconstitutional.
At the U.S./Mexico border, CBP has extremely broad powers to search vehicles. At primary inspection, the officer will assess not only your legal status to enter the U.S., but also whether you are bringing any type of contraband into the U.S. Your vehicle may be subjected to radiation detection, a dog may sniff your car, and an officer may also look around your vehicle or knock on your vehicle to check for hidden contraband or compartments.
It is firmly established in case law that when a suspect is arrested, their cell phone cannot be searched without a search warrant, subject to some very narrow exceptions. However, the rules regarding cell phone and laptop searches at the border are much less restrictive.
Federal sentencing guidelines use a system of “levels” to determine the range of jail time that offenders serve, based on the severity of the crime. A specific “base” level, from 1-43, is determined for each crime and that base level is the starting point for determining the minimum jail sentence an offender is likely to receive.
In most cases, a U.S. birth certificate and a valid, government issued identification will be enough to prove U.S. citizenship. However, in some cases, this will be insufficient, and you may be asked to provide secondary evidence of your citizenship.
Despite the high cost of medical care in the U.S., medical tourism to the U.S. is quite popular. Some hospitals and clinics even specifically market their services overseas to wealthy cash-paying clients. However, there are some very strict immigration guidelines regarding medical travel. Even well-intentioned medical travelers can be subject to consequences that could have a significant impact on their future ability to travel to the U.S.
In many countries around the world, if you stand outside the U.S. Embassy long enough, you are likely to be approached by someone offering to enlighten you (for a small fortune) about the secrets to receiving a tourist visa. The reality is, there is no secret formula. Legally, a consular officer must assume that every applicant for a tourist visa intends to immigrate to the U.S. It is up to the applicant to convince them otherwise. In many countries, this is a substantial hurdle.
The student visa interview can cause anxiety for many prospective students who want to study in the U.S. The truth is, the U.S. government wants to approve student visas. Foreign students enrich the cultural diversity of a university, and often become permanent “goodwill ambassadors” of the U.S. when they return to their home countries. They are an essential source of revenue for most U.S. universities and university towns. Research-focused universities heavily rely on the diverse skill sets of foreign graduate students.
This week, in State ex rel. Brnovich v. Maricopa County Community College District Board, the Arizona Court of Appeals ruled that under Arizona law, students who are beneficiaries of Deferred Action for Childhood Arrivals (DACA) do not qualify for in-state tuition rates at Arizona universities. Under current federal law, states have some discretion to consider […]