Immigration Consultation Services

Since the Supreme Court decision in Padilla v. Kentucky in March 2010 it has become even more important for criminal defense attorneys to secure expert consultation when it comes to their client’s immigration issues.

Padilla prescribes that the criminal defense counsel representing an immigrant defendant has the duty to inquire about citizenship/immigration status and investigate and advise about immigration consequences of plea and sentencing alternatives to the immigrant defendant. The failure to correctly advise the defendant on immigration consequences is considered grounds for a claim of ineffective assistance of counsel.

In its decision the Court stated: “Our longstanding Sixth Amendment precedents, the seriousness of deportation as a consequence of a criminal plea, and the concomitant impact of deportation on families living lawfully in this country demands no less.” Id at 17.

To assure compliance with Padilla, attorneys must give affirmative and competent advice regarding immigration consequences of potential dispositions. Therefore, under Padilla silence or non-advice on the issue constitutes ineffective assistance of counsel.

Many public defense offices have developed in-house immigrant service plans in order to comply with their professional responsibilities towards their immigrant defendant clients. The Legal Aid Society of the City of New York for example, has an immigration unit that counsels attorneys in the criminal division. For solo practitioners or small firms, in-house immigrant service plans are obviously cost prohibitive and expert consultation becomes a far more appropriate option.

At Cohen & Forman, our experienced immigration attorneys are all too familiar with the horrible consequences criminal convictions have on non-immigrant defendants. We have proudly defended the rights of individuals who came to us facing deportation due to a criminal conviction.

Our unique background in both criminal defense and immigration law allows us to not only help the individuals who find themselves in this position, but also to consult with attorneys who represent non-citizens in criminal cases.

Our immigrant service plan to criminal defense attorneys offers case-by-case consultations and bulk retainers for attorneys with a heavier caseload. Contact us today to learn more about our immigration consultation services. We can help you ensure compliance with Padilla and protect you against any claims of ineffective assistance of counsel.