Navigating this country’s immigration system is never easy, and it can be especially difficult if you have criminal convictions. These convictions can count against you, but different interpretations of the law and verdicts in specific court cases can also affect just how some crimes can be perceived. Sometimes this could be the difference between a deportation proceeding and the chance to stay in the country. A recent ruling that could have wide-ranging effects on immigrants is U.S. vs Minter. This case concerned drug laws and aggravated felonies, two things of importance for a criminal issues immigration lawyer in NYC. This recent verdict could end up affecting the fates of many who want to stay in the United States.
What Was the Issue in U.S. vs Minter?
In the case of U.S. vs Minter, a minor difference between state and federal law ended up having an outsized effect. To keep things simple, someone was accused of breaking the law and charged with selling a narcotic drug, more specifically cocaine. The New York law and federal law actually have a different way of defining cocaine. The state actually has a broader definition of cocaine, and that means that the degree of the crime could end up being higher and the likelihood of being charged with an aggravated felony rises. These are not the types of criminal convictions you want on your record.
How Does U.S. vs Minter Affect Those With Criminal Convictions?
Many lawyers consider federal law when it comes to criminal cases involving immigrants. This is because, in many cases, there is not usually a big difference in what kinds of challenges an immigrant is going to face when accused of a crime.
However, this variation between a state law’s definition of a crime and a federal law’s interpretation can make a difference. A law that is more harsh or more broad, like New York’s law concerning cocaine, could end up having a more dire effect on someone’s chances of immigrating into the country. Anyone who tries to come to the U.S. with criminal convictions on their record could be said to be fighting an uphill battle, but being blindsided by stricter laws will only make things more difficult.
Why Should I Hire an Immigration Lawyer?
Having an experienced immigration lawyer on your side can really help here. Whether you are applying for a visa or you have run into trouble with the law, our attorneys are ready to help you out. Few would expect you to know about slight nuances in state and federal laws. We’ve made that our job.
Talk to Our Team Today
If you are in need of any kind of immigration-related help, contact the Law Office of Cheryl R. David. We have the experience and resources needed to evaluate your case and advise you on what you should do next. Please schedule a consultation with our team soon.