From our attorneys
An aggravated felony bars asylum outright, and other Florida convictions can still trigger the 'particularly serious crime' bar under a four-factor test. How the bars work, what fallback relief remains, and where a Florida conviction fits in.
MK Law's other articles mention that a Florida arrest can affect DACA or TPS 'eligibility, renewal, or discretion' without saying which convictions actually disqualify. This article explains the specific felony, misdemeanor, and discretionary bars for each program.
A Florida domestic violence case can carry immigration consequences that outlast the criminal sentence. How federal law defines a deportable crime of domestic violence, why simple battery is treated differently from aggravated battery, and how protection order violations count.
A Florida drug conviction can make a noncitizen deportable or inadmissible, even for possession. How the controlled substance ground works, what the 30 gram marijuana exception covers, and why the exact statute and plea matter.
Getting a Florida conviction vacated does not automatically fix an immigration problem. Federal law looks at why a court vacated it. The Rule 3.850 process, the reason-for-vacatur test immigration courts apply, and where it can fall short.
MK Law's other articles mention that a '§ 212(h) waiver may be available' for a crime involving moral turpitude or a green card application. This article explains what that actually means: which convictions it reaches, who qualifies, and who it can never help.
A Florida arrest or conviction does not automatically block citizenship, but U.S. citizenship applications require proof of 'good moral character', and some convictions bar it permanently. What counts, what USCIS's 2025 policy shift changed, and how a Florida case can affect an N-400.
Cancellation of removal can turn a green card holder's deportation case into a stay in the United States, but an aggravated felony bars it outright, and other convictions can stop the residency clock or sink it on discretion. How the defense works and where a Florida criminal case fits in.
Posting a Florida criminal bond does not free someone ICE has a detainer on. How federal immigration custody splits into discretionary bond hearings and mandatory detention, what Florida's own detainer law changes, and how a Joseph hearing can challenge mandatory detention.
"Aggravated felony" is a federal immigration classification, not a Florida charge, and it can apply to convictions that are neither aggravated nor felonies under state law. What it means and which Florida charges are commonly analyzed this way.
Florida criminal defense counsel has a Sixth Amendment duty under Padilla v. Kentucky to advise noncitizen clients about a plea's immigration consequences, a separate duty from the court's own deportation warning. What each requires, when it applies, and how a Florida plea can be challenged when neither was met.
A criminal record doesn't automatically block a green card, but specific convictions trigger inadmissibility grounds with limited waivers, and a 2026 USCIS policy memo makes even eligible cases more discretionary. What actually stops an application, what can be waived, and how the process works.
What a 'crime involving moral turpitude' means under federal immigration law, which common Florida charges are analyzed this way, and how it can affect a green card, visa, or naturalization case.
What makes a criminal charge federal instead of state, who prosecutes federal cases in South Florida, and how federal court differs on bail, grand juries, sentencing, and time served.
What Florida arrests, pleas, and convictions can mean for green cards, visas, and removal, and why a plea that looks favorable in state court may not be immigration-safe.