Relief from Governor Mitigates Immigration Consequences and Allows Client to Apply to Become a U.S. Citizen

New York, New York — Kerry Bretz, Partner, Bretz & Coven, LLP, has announced that his client, Jorge Gonzalez, has been granted a pardon for a prior misdemeanor conviction. Mr. Bretz said Mr. Gonzalez will now be able to file for naturalization, six years after requesting that his client be pardoned.

Mr. Gonzalez, a native of Colombia, been a lawful permanent resident since 1990. Since living in the United States, he owned and operated various businesses. “He is a great person, a family man, and does charitable work in the community,” Mr. Bretz said. “It couldn’t happen to a nicer guy.”

In May 2003, Mr. Gonzalez filed an application to become a U.S. citizen with U.S. Citizenship and Immigration Services (USCIS). He believed that he could satisfy all the requirements: he was older than 17; he was a lawful permanent resident and maintained a continuous physical presence in the country for five years; he was knowledgeable in American civics and history; and he was proficient in English. In addition, he practiced good moral character for the past five years.

In a letter dated March 14, 2005, the USCIS denied Mr. Gonzalez’ application because he was charged with a Class A misdemeanor back in 1992; he pled guilty and was sentenced to three years’ probation. Although the conviction occurred more than 10 years ago, his application was denied on the ground that the conviction barred him from meeting the burden of establishing good moral character. However, the agency cited the wrong section of the Immigration and Naturalization Act (INA) in denying the application; it applied Section INA 101 (A)(43)(f), which says one who is “convicted of Scheming to Defraud in excess of $10,000, which qualifies as an aggravated felony …” can have their application denied.

However, Mr. Bretz pointed out to the USCIS that the section refers to the crime as an act of violence, which Mr. Gonzalez did not commit, and said that the agency should have cited Section INA 101 (A)(43)(m), which refers to fraud or deceit in which the loss to the victim(s) exceeds $10,000. Mr. Bretz requested a USCIS hearing on the decision, but, on March 15, 2006, the request was denied without the agency addressing the citation error. On July 31, 2008, Mr. Gonzalez sent a waiver of inadmissibility to the USCIS. The agency granted the waiver the following year.

On April 29, 2013, Mr. Bretz sent a letter to the Executive Clemency Bureau of the New York State Department of Corrections and Community Supervision requesting a Pardon to Relieve and Immigration Consequences for Mr. Gonzalez. As part of his request to have his client pardoned, Mr. Bretz was asked to update Mr. Gonzalez’ tax filings and equity holdings through the pending process. On October 21, 2019 — after undergoing an intense investigation and vetting process — New York Governor Andrew Cuomo granted the pardon to Mr. Gonzalez. This means Mr. Gonzalez will be able to apply for U.S. citizenship.

Mr. Bretz thanked Governor Cuomo for granting Mr. Gonzalez’ request and for his longstanding support of immigrants in the state. This year, the governor eliminated cash bail and loosened drug possession laws for foreign-born individuals and allocated $10 million for the Liberty Defense Project, which provides immigrants with high-level legal services, regardless of status. Since taking office, Governor Cuomo has issued more than 65 pardons in order to prevent deportation.

“Governor Cuomo is a true friend of immigrants,” Mr. Bretz said. “He has helped those who have nowhere to turn for assistance in having minor criminal records expunged, thereby significantly limiting the negative immigration consequences for non-citizens.”

“This is how crazy our immigration laws are,” Mr. Bretz added. “My client pleaded to a misdemeanor, but, under immigration law, it is considered an aggravated felony, which barred him from naturalizing. Mr. Gonzalez needed this pardon because this conviction was used by USCIS to deny his application. Otherwise, he is well-qualified in all respects to become a U.S. citizen.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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Kerry Bretz Advises Those Who Are Arrested to Seek the Legal Help of an Immigration Attorney

New York, New York — Over the summer, New York State relaxed its laws regarding marijuana possession. Although these laws decriminalized possession of the drug and provided an avenue to attack prior convictions of those who were caught with the drug, police can still make arrests for marijuana possession and, for immigrants, that may result in deportation or loss of status; even if their prior conviction has been expunged, immigration officials may hold that against them and use it as an excuse to remove them from the country. Kerry Bretz, Partner, Bretz & Coven, LLP, urges immigrants who may face removal as the result of a current or previous arrest for marijuana possession to contact an immigration law attorney immediately.

On July 28, Governor Andrew Cuomo signed into law two separate bills that decriminalized marijuana possession. It also expunged the records of those who were previously convicted of this offense. The law went into effect on August 28. Other parts of the law include reducing Class B misdemeanors to violations and allowing marijuana to be burned or displayed in public view.

Despite these changes, Mr. Bretz says, immigrants will continue to face punishment if they are in possession of marijuana. “Police can still make arrests and that can negatively impact one’s immigration status,” he says. “Even if an immigrant has a prior conviction expunged, ICE [Immigration and Customs Enforcement] can search the immigrant’s name and address in their databases and commence removal proceedings, which could result in deportation from the country.”

In an effort to protect immigrants from deportation, the governor included the One Day to Protect New Yorkers Act in the state budget this past April, which predated his signing of the marijuana possession decriminalization bills into law. The Act reduces the maximum sentence for Class A and other misdemeanors from 365 to 364 days. By making the sentence less than one year, it can help immigrants living in New York State avoid deportation in certain circumstances. Those who received a misdemeanor conviction on or after April 12 will not face removal, but they may be subject to arrest, detention and deportation if they have more than one conviction.

“In addition to seeking help from a criminal defense attorney in the event they are arrested, immigrants should speak to an immigration law attorney to avoid detention or removal,” Mr. Bretz says. “The new laws are supposed to make it easier for immigrants to avoid deportation if they have a past or current marijuana possession conviction, but if ICE or BIA [Bureau of Immigration Affairs] recommends their removal, that is when immigrants should seek legal remedies to stay in the country.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.

New York, New York — With federal immigration officials commencing raids on residences this Sunday in an effort to find — and deport — any non-citizens living in the country, undocumented immigrants are fearful of being separated from their families and having to be removed from this country, even if they did nothing wrong. Kerry Bretz, Partner, Bretz & Coven, LLP, said that those who could face removal should seek the help of an immigration law attorney to allows them to stay in the United States.

Kerry Bretz

On July 11, after a two-week delay, President Donald J. Trump announced that Immigration and Customs Enforcement (ICE) officials will conduct these raids on the homes of non-citizens beginning on July 14. The raids will take place in 10 U.S. cities, including New York City. The president said that those undocumented immigrants who failed to show up for court appearances will face removal. This also includes those who do not have any criminal records.

“If you believe you or a loved one is facing deportation, you should seek the advice of an experienced immigration law attorney immediately,” Mr. Bretz said. “Being a non-citizen does not mean you do not have any rights. Remember: you do not have to answer the door, answer any questions or sign any papers. Rather, seek legal help first.”

For more information, call (212) 267-2555 or visit www.bretzlaw.com.

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* Photo of Mr. Bretz is attached. 

About Bretz & Coven, LLP

Bretz & Coven, LLP is an immigration law firm located in New York, New York and Clark, New Jersey. The firm serves clients in and around the tri-state area, including Brooklyn, Manhattan, Staten Island, the Bronx, Queens, as well as Kings County and Richmond County. Its team of dedicated attorneys is known for taking on cases that other lawyers turn down. Bretz & Coven assists individuals and their families understand the process of obtaining citizenship, New York residency or a green card and offer them a full range of options, including adjustment of status, asylum, available types of visas, waivers, removal defense, and special programs and treaties. The attorneys can also help immigrants avoid deportation. For more information, call (212) 267-2555 or visit www.bretzlaw.com.