Massachusetts Immigration Lawyer Blog

Boston Deportation Defense Attorney

Can you be deported for a nolle prosequi criminal disposition?

As an immigration lawyer based in Boston, Massachusetts with expertise in deportation defense in Immigration Court, I often meet with immigrants who are  confused as to the immigration consequences of their criminal dispositions. One of the frequent questions I get is related to a nolle prosequi disposition.

Immigration laws take a unique view of the definition of conviction.  Consequently, U.S. Citizenship and Immigration Services (USCIS) or an Immigration Judge might consider your criminal case to be a conviction even though, when you went to District Court, the judge told you that your criminal case would be dismissed.

What is a nolle prosequi disposition under Massachusetts criminal law

Under Massachusetts Criminal Procedure, a prosecuting lawyer may request a nolle prosequi disposition at any time before sentencing. If granted, the nolle prosequi disposition means that criminal charges are, in effect, dropped or dismissed.

Why nolle prosequi is not considered a conviction for immigration purposes

A Massachusetts nolle prosequi disposition is not a conviction for immigration purpose because in order for a disposition to be considered a conviction, it must contain both (1) a finding of guilt, a plea of guilt of the equivalent; and (2) a penalty, punishment or restraint on liberty. With nolle prosequi, no sentence is imposed and so it is a criminal disposition that wouldn't be classified as a conviction under US immigration law.

A nolle prosequi disposition must be disclosed on all immigration and visa applications even though it isn't a conviction

It is important to remember that even though a nolle prosequi disposition is not viewed as a conviction for immigration purposes, you must still disclose this disposition on all I-485, N-400 and other immigration applications, as well as on all visa applications. 

Many immigrants mistakenly believe that because their criminal case was dismissed that it is "off their record, " and they have no duty to disclose it.  But this is not so.  Again, you absolutely MUST disclose all criminal matters regardless of whether a conviction occurred.  But by disclosing that you have a dismissed criminal case, you certainly aren't admitting that you did something wrong.  You are just providing an accurate and honest answer to questions on an immigration application.  

After disclosing your nolle prosequi disposition, you have one last requirement:  And you must provide USCIS or the U.S. Consulate with a court-certified, final criminal disposition to show that the case was indeed resolved with a nolle prosequi entry.

I hope this clarifies the meaning of a nolle prosequi disposition for immigration applicants.  If you need further help or representation by an immigration lawyer based in Boston with expertise on deportation and immigration consequences of criminal matters, please call me at 617-722-0005. 

Boston Citizenship Lawyer

Immigration laws permit green card holders to apply for naturalization to gain U.S. citizenship after 5 years for lawful permanent residency status. But if you are married to a U.S. citizen, you may be eligible to apply for naturalization under Section 316 of the Immigration and Nationality Act, after just 3 years.

But getting the Boston office of U.S. Citizenship and Immigration Services (USCIS) to approve your N-400 after only 3 years with a green card requires more than just a marriage certificate to a U.S. citizen. To gain approval of your application for citizenship, you must meet all of the following requirements:

1. your spouse must be a U.S. citizen for at least 3 years:
2. you must be "living in marital union" with your U.S. citizen spouse for 3 years; AND
3. you must have had your green card for at least 3 years.

Also, to be successful, you must meet all of the other requirements for naturalization including proving good moral character, residency, physical presence, and more.

Proving that you and your spouse have been living together continuously for 3 years involves financial documents such as leases, deeds, joint married tax returns, W-2s, jointly-held insurance, and joint bank accounts. Keep in mind that if you separate from your spouse--even temporarily--you may be disqualified from applying to become a U.S. citizen under the shortened 3 years of residency standard. And if you falsely claim to be living with your spouse, USCIS may deny your N-400 under the good moral character / false testimony grounds.

If you need an immigration attorney in Boston, are thinking about filing an N-400 or have questions about how to gain U.S. citizenship through naturalization, call me at 617-722-0005.

Boston Deportation Lawyer

Immigration and deportation defense lawyers now have a way to find the location of persons detained by U.S. Immigration and Customs Enforcement by using ICE's new online detention locator system.  If this online tool actually works as intended, this is an extremely useful development, which is long overdue. 

Until now, the location of a ICE immigration detainee was a mystery to everyone--even immigration lawyers.  After being arrested and detained by U.S. Immigration and Customs Enforcement or ICE Office of Detention and Removal, the detained immigrant would be placed into a jail, the location of which remained unknown.  Tracking down a detained immigrant involved guesswork and intuition.  The only way I knew to find someone detained by ICE was simply by calling around to the records departments for South Bay (Suffolk County House of Correction), Bristol, Plymouth and the other immigration detention facilities in the Boston area.  So let's hope and pray that this online system works as planned.

Meanwhile, if you have a friend or family member who has been arrested by Immigration, please contact me.  I'd been happy to help you win their release on an immigration bond and to come up with a strategy to help them solve their immigration problem.

Boston Immigration Lawyer

As an immigration lawyer in Boston, I'm proud to be an advocate of marriage equality for same-sex couples. Given that same-sex marriage is legal in Massachusetts and elsewhere, the immigration question that I'm asked is usually this: can a U.S. citizen or lawful permanent resident who is legally married to a foreign national of the same sex file an I-130 visa petition with U.S. Citizenship and Immigration Services (USCIS) to have his or her spouse immigrate as an alien relative?

Sadly, for now at least, the answer to this question is a big "no." The federal government, including USCIS and other federal immigration agencies, doesn't recognize same-sex marriage, even though such marriages are legal in Massachusetts and other states and countries.

The Defense of Marriage Act (DOMA) stands as a major obstacle to the recognition of same-sex marriage rights in the immigration context. DOMA defines marriage as a union between a man and a woman for federal law purposes.

Ultimately, the constitutional argument for same-sex marriage is headed for the Supreme Court. Meanwhile, don't bother to file an I-130 visa petition based on a same-sex marriage. Instead, contact me to set up a consultation to explore alternative immigration options.