Immigration QA

UPDATE06/17/2020:  BREAKING: US government denial of COVID relief to noncitizen students has been blocked by a judge. Check with your DSO! In a letter to colleges last April, the Education Department advised colleges to only give relief funds to students who typically qualify for federal financial aid, excluding international students and beneficiaries of DACA. The letter was not binding at the time. In May, the California community college system filed a lawsuit against the DOE alleging that DeVos exceeded her authority in barring colleges to give aid to whom they please. U.S. District Court Judge Yvonne Gonzalez Rogers granted an injunction blocking the Department of Education from enforcing their CARES Act guidance on June 17, 2020. The proposed rule will be up for public comment for 30-days until July 17. During this time period, anyone from the public can file a comment on regulations.gov for the agency to consider. Once the rule is finalized, it will be binding on co...

A Lawyer Asked Me The Following Question: "My client, who is a permanent legal resident, is charged with a misdemeanor Domestic Abuse No Contact Order - Violate No Contact Order -  Minn Stat  629.75.2(b). The offer is to plea guilty to charge. 90 Days jail stayed for two years.  Would he be deported if he plead guilty?" ANSWER: Yes! FOLLOW UP: "Also, do you know if there is anything I could do like an Alford plea (no admission of facts) or a stay of adjudication on the charge that would keep him from deportation?" ANSWER: None of those resolutions avoid removal proceedings.  And there are additional nuances.  And, during this time, the foreign national defendant may or may not remain in ICE custody during such proceedings.  In Minnesota, this is usually Sherburne or Carver County jail but sometimes Albert Lea.  Ramsey County (St. Paul) recently ended its relationship with I.C.E. to detain foreign nationals in proceedings. Thi...