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Jeffrey Dean Joseph
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Jeffrey Joseph’s Legal Guides

10 total

  • The Prosecutorial Discretion Pilot Project n Denver

    In November 2011,the Denver District Office of ICE (Immigration and Customs Enforcement) began a process of reviewing all cases currently pending before theDenver Immigration Court.The purpose of this review is to identify cases that are considered low enforcementpriority with th...

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  • Can I be Deported for a Domestic Violence or Child Abuse Offense?

    a) Removability for Domestic Violence Offenses including Stalking, Violation of Protection Ordersand Crimes Against Children.INA 237(a)(2)(E). Any conviction afterSeptember 30,1996for a crime of domestic violence,stalking,child abuse,child neglect or abandonment is a deportable ...

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  • Can I be Deported for a Firearms Offense?

    a) Removability for Firearms Offenses.INA 237(a)(2)(C). A conviction at any time after admission for any law for purchasing,selling,offering for sale,exchanging,using,owning,possessing,carrying,or attempting or conspiring to purchase,sell,offer for sale,exchange,use,own,possess,...

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  • When Can a Drug Conviction Make Me Deportable or Inadmissible?

    a)Controlled Substance Violations. A conviction for the violation of the laws of any state,the United States or a foreign country relating to a controlled substance as defined in section 102 of the Controlled Substances Act,21 U.S.C. 802 is both a deportable and inadmissible of...

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  • What is an "Aggravated Felony" for Immigration Purposes?

    a) Aggravated Felonies - INA 237(a)(2)(A)(iii) INA 101(a)(43) Any alien who is convicted of an aggravated felony at any time after admission is removable. i)Aggravated felonies for immigration purposes are enumerated at INA section 101(a)(43); 8 U.S.C. 1101(a)(43). ii) Cri...

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  • What is a Crime Involving Moral Turpitude?

    1)a.) Crimes Involving Moral Turpitude (CIMT). i)Definition of crime involving moral turpitude: The term crime of moral turpitude is not defined in the statute,but there is case law,which gives some guidance. The phrase moral turpitude refers to conduct which is inherently base...

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  • The Burden of Proof in Deportation Proceedings

    1) Burden of Proof: What Can ICE Use to Prove the Conviction? a) For most crimes,the immigration judge will employ the Categorical Analysis to determine if the crime triggers immigration consequences. Under this approach,the judge is limited to the elements of the offense. i)...

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  • The Definition of "Conviction" for Immigration Purposes

    The Definition of "Conviction" for Immigration Purposes Winter 2011 Jeff Joseph 1) Convictions under the INA. INA 101(a)(48)(A); 8 U.S.C. 1101(a)(48)(A). 2) Definition of Conviction: a) For purposes of immigration law,a conviction is defined as the following: i) [A] forma...

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  • The P-1 Visa for Artists, Entertainers and Athletes

    P-1 Visas For Athletes: The P-1 is granted for performance at specific athletic competitions, individually or as part of a team atan international level. Must include the contract with the team, agent or event and evidence of at least two of the following: Significant partici...

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  • O-1 Visas for Artists, Entertainers and Athletes

    The O-1 Visa for Extraordinary Athletes: The standard is Sustained international or national acclaim for work in the field The applicant must establish thathe or sheis one of the small percentage who have risen to the top of the filed of endeavor. Must establish a minimum of t...

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