Maryland Criminal & Immigration Lawyer Blog

USCIS Creates a New Regulation Designed to ‘Modernize’ H-1B Visa Requirements

December 30, 2024 | by Anthony A. Fatemi, LLC

H-1B visas help workers in various professions, from engineers and scientists to IT professionals, doctors, architects, teachers, and investment bankers. The application process for obtaining an H-1B visa can be complicated, so whether you are a potential sponsor or H-1B visa recipient, obtaining representation from an experienced Maryland immigration lawyer is often essential to mastering the system.

An essential part of this mastery is keeping up with the latest changes and evolutions in the law and the applicable regulations. Earlier this month, the U.S. Customs and Immigration Services released a significant new regulation, the “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers” Final Rule.

The new rule makes several noteworthy adjustments related to H-1B visas. It amends the definition of “specialty occupation.” The current regulation says a “baccalaureate or higher degree or its equivalent is normally the minimum requirement” to serve as a qualifying specialty occupation. The new amendment clarifies that “normally” in this sense does not mean “always.”

Improper Argumentation and ‘Egregious’ Prosecutorial Errors in Maryland Criminal Trials

December 17, 2024 | by Anthony A. Fatemi, LLC

Sometimes, prosecutors make statements that fall outside the bounds of what the law and the rules of court procedure allow. Many of these errors are modest, but others are severe transgressions. The latter requires more than just a sustained objection to a prosecutorial question if the defendant is to receive a fair trial. Spotting these mistakes and making the appropriate requests of the judge are crucial parts of ensuring a full and appropriate defense and are essential ways in which an experienced Maryland criminal defense lawyer can help a person accused of a crime.

A recent sex crime case from Prince George’s County illustrates one form of egregious misstep that prosecutors can make.

The trial involved D.J., a man accused of having sex with a 15-year-old girl. The accused acknowledged a relationship but stated that the sexual affair did not begin until the alleged victim was 18.

A New Supreme Court Ruling Will Address Deadlines Associated With Appealing Deportation/Removal Decisions

November 22, 2024 | by Anthony A. Fatemi, LLC

The Supreme Court of the United States recently agreed to hear the deportation case of a Jamaican man relief under the Convention Against Torture (CAT). This upcoming decision could clarify whether specific appeal deadlines are mandatory or waivable and what does (and does not) constitute a “final order” for purposes of appealing an immigration decision. This case and the rulings that have led to it comprise a clear reminder that mounting a deportation defense is intricate and complex and is filled with numerous deadlines and procedural rules. To give yourself (or your loved one) the best chance at succeeding in a deportation case, ensure you have legal representation from an experienced Maryland deportation defense lawyer.

The man facing possible deportation, P.R., came to the United States on a tourist visa. In 2006, he was convicted and jailed on drug distribution and weapons charges. When he was released from incarceration in 2021, immigration authorities took him into custody and ticketed him for deportation based upon his “aggravated felony” conviction.

It is essential to recognize that an “aggravated felony” under federal immigration law is not identical to that phrase’s definition under criminal law. The list of aggravated felonies under immigration law is codified at 8 USC Section 1101(a)(43) and includes, among other things, drug trafficking.

The Importance of Clear, Accurate, and Unambiguous Jury Instructions in Your Maryland Assault Case

November 15, 2024 | by Anthony A. Fatemi, LLC

A criminal trial includes many elements. An error by the court in any one of these can make the difference between a fair trial and injustice, between conviction and acquittal. Ensuring you get justice means safeguarding your rights at each of these steps. The best way to ensure that your rights are protected throughout your criminal trial is to retain the services of an experienced Maryland criminal defense lawyer.

A felony assault case from Montgomery County shows how even a seemingly subtle error can make all the difference.

The accused, W.L., was on trial following an altercation with another man outside the other man’s Takoma Park home. The other man received multiple knife wounds following a shouting match between the men. The state charged the suspect with first-degree assault.

Anonymous Tips, Reasonable Suspicion, and Illegal Searches or Seizures in Maryland Criminal Cases

October 25, 2024 | by Anthony A. Fatemi, LLC

Many drug or weapons cases hinge upon whether or not the prosecution’s evidence was obtained constitutionally. Police officers, whether intentionally or inadvertently, may engage in searches and seizures that are illegal under the Fourth Amendment. Getting justice, then, means getting that evidence suppressed and getting a dismissal or acquittal. If you have questions about your case and the way the police obtained their evidence, you should consult an experienced Maryland criminal defense lawyer as soon as possible.

A recent drugs and guns case from Cecil County displays one example of how an illegal seizure can occur.

In February 2023, local police responded to an anonymous 911 tipster’s report of a driver “nodding in and out” or “passed out” in a Kia sedan at the truck stop off I-95 near North East, Maryland. As the police approached the Kia, the driver began backing out of his parking space, so the officers ordered him to stop. As they got closer, they allegedly detected a strong marijuana odor emanating from inside the car. The driver allegedly displayed “a frantic and defensive demeanor” and had “glassy” eyes.

Traveling Abroad as a DACA Recipient

October 11, 2024 | by Anthony A. Fatemi, LLC

Remaining in the United States under the Deferred Action for Childhood Arrivals, or DACA, program, presents a unique set of challenges, especially if you are a recipient who encounters a need to travel abroad. If you are a DACA recipient or applicant, making a wrong move regarding international travel can have catastrophic consequences. Before embarking on international travel, it is wise to consult with an experienced Maryland immigration lawyer.

The tale of a young couple, featured in a CNN travel series about “incredible stories of travel connections” called “Chance Encounters,” serves as a reminder of this challenge and the dangers of wrong choices.

The pair were two Southern California residents. He grew up in California, while she came to Los Angeles from Europe to pursue a post-graduate university degree. They met on a hiking trail in the San Gabriel Mountains when their respective groups encountered the same rattlesnake.

Criminal Convictions, Paroled Entry into the U.S., and the Naturalization Process

September 24, 2024 | by Anthony A. Fatemi, LLC

Obtaining U.S. citizenship can be very exciting. It can also be a stressful process, especially if you have a recent criminal conviction on your record. Any application for naturalization can be a complex and detail-intensive process, but that complexity may rise even higher if you have a less-than-perfect criminal history. Even if your criminal background is not spotless, you still could qualify for citizenship. An experienced Maryland immigration lawyer can go over your options and help guide you through the naturalization application procedure.

A recent naturalization case from Virginia looked at an immigrant who got his green card, then committed a minor criminal violation, then applied for naturalization after that.

The immigrant, Raymond, entered the U.S. and secured a green card in 2010. In late 2013, Raymond traveled to his native Ghana for an extended visit with family. When the man attempted to re-enter the U.S. in January 2014, customs agents concluded he was ineligible. The problem? A misdemeanor embezzlement conviction Raymond picked up in 2012 after he was caught stealing some clothes from the department store where he worked. Although only a misdemeanor, the crime – embezzlement – undisputedly was one “involving moral turpitude,” making the man subject to deportation.

Suspicious Bulges, Reasonable Suspicion, and the Boundaries of a Permissible ‘Stop and Frisk’ Under Maryland Law

September 12, 2024 | by Anthony A. Fatemi, LLC

In 1968, the U.S. Supreme Court decided the case of Terry v. Ohio, which declared that police officers can stop and frisk targets without violating that person’s Fourth /amendment rights if the officer has reasonable suspicion for making the stop and conducting the frisk. Today, police officers frequently obtain incriminating evidence from these stop-and-frisk interactions… but they sometimes do so without the necessary probable cause. As a criminal suspect or a person accused of a crime, getting justice via dismissal or an acquittal can mean disproving the presence of reasonable suspicion and obtaining a court order excluding the illegally obtained evidence from your case. Doing so successfully can be nuanced and complicated, so it pays to have an experienced Maryland criminal defense lawyer representing you.

Law enforcement officers sometimes use relatively broad bases for conducting a “Terry stop” (a/k/a stopping and frisking a person.) These foundations include vague things like a “suspicious bulge,” “furtive movements,” an “uncooperative demeanor,” or presence in a “high crime area.”

Courts in Maryland have noticed that allegedly suspicious bulges often aren’t… and that the law often requires more than just an officer’s observation that a suspect had a bulge the officer considered questionable. A recent gun case originating in Prince George’s County underscores this.

USCIS Announces Updates Designed to Reduce Delays in Processing Family Visa Petitions

August 30, 2024 | by Anthony A. Fatemi, LLC

In most areas of the law, details matter… a lot. That is especially true when it comes to applying for a visa. Even seemingly minuscule errors on a visa form can lead to serious delays. This reality is one reason it pays to have a skilled Maryland family visa lawyer on your side before you file or, if you filed without counsel, to hire an attorney as soon as possible. A knowledgeable immigration attorney can help prevent avoidable and time-consuming errors in your application or, for clients who filed on their own, work to correct mistakes in the most efficient way possible.

In May, the U.S. Citizenship & Immigration Services announced important changes to its manual for processing family-based visa applications, including Form I-130 (Petition for Alien Relative).

In the Form I-130 petition process, the USCIS analyzes whether the petitioner has demonstrated “the requisite status to file a petition and establishes the existence of a qualifying relationship to the beneficiary.” Once the petitioner clears those hurdles, the agency sends them an approval notice. Among other things, the notice confirms the petitioner’s preference for either consular processing with the State Department’s National Visa Center (NVC) or “adjustment of status.”

A New Maryland Supreme Court Ruling Addresses the Circumstances Where the Defense’s Proposed Voir Dire Questions are Mandatory

August 16, 2024 | by Anthony A. Fatemi, LLC

Putting forward a criminal defense involves much more than simply making a trial presentation. Criminal cases may be functionally won or lost before either side makes its opening argument to the jury. Processes like the jury selection process are crucial, as removing jurors with biases may be vital to getting a fair trial. That is especially true in cases involving emotionally charged subject matter, like sex crimes, crimes against minors, and especially child sexual abuse. Whatever crimes you face, you need to do everything you can to ensure you get a fair chance and a level playing field. That starts with retaining an experienced Maryland criminal defense lawyer.

The jury selection process in Maryland criminal trials involves the judge asking potential jurors several questions. This process, voir dire, is intended to draw out potential jurors’ prejudices that might affect their ability to decide the case impartially. Counsel for the accused and the state can ask the court to exclude potential jurors based on the voir dire answers given. (The law also allows the two sides to exclude potential jurors for no reason, but prohibits using those “peremptory challenges” based on discriminatory motives.)

Voir dire — and when a proposed question is (or is not) mandatory — was at the center of a major new ruling from the Maryland Supreme Court released earlier this month. This decision further strengthens the tools the defense has available for unearthing juror biases.