How a Criminal Record Can Affect Immigration Proceedings?

Posted by on Jul 15, 2016 in Immigration | 0 comments

For someone who is accused of a crime, the first thing that comes to mind is the impact it will have on his immigration status. First and foremost, conviction will have a different definition under immigration laws compared to state criminal laws. For immigration purposes, a person is considered convicted based on a couple of elements: 1) the person was found guilty or entered a guilty plea and 2) the judge ordered some kind of restraint or punishment on the liberty of a person.

An Austin immigration attorney will tell you that being convicted of a crime can pose a serious challenge for their immigration application. Persons who have committed serious crimes may find it difficult to apply for a green card compared to one who has committed low-level crimes. Having a criminal record may result to one of the following outcomes:

  • Denial of your application for lawful permanent residence or naturalization
  • Being lined up for deportation proceedings
  • Detention while removing proceedings are ongoing
  • Deportation to home country
  • Banning from returning to the United States either for a certain number of years or permanently

Under immigration laws, there are certain crimes that can automatically make a person ineligible for a green card. Let us enumerate them.

Crimes of Moral Turpitude and Controlled Substance Violation

Immigration laws define crimes of moral turpitude as one that shocks the public consciousness or involves fraud. Some examples of these crimes include theft, transporting or receiving stolen goods, embezzlement, fraud, adultery, assault, to name just a few.

The good news is that a person who is convicted of crimes of moral turpitude can still be given a green card if they meet one of a few exceptions:

  • The crime was committed by a person below 18 years old, the crime was committed five years ago, and the person is no longer serving jail time
  • The person was charged for a crime with a maximum possible penalty of not more than a year and the actual term of imprisonment was no more than six months. This is often called the “petty offense” exception.

The Immigration and Nationality Act enumerates other crimes that will disqualify a person from getting a green card due to inadmissibility. These crimes include drug trafficking, kidnapping, prostitution, human trafficking, money laundering, and multiple convictions with a minimum total sentence of five years.

Immigration authorities can also have a discretion to deny green card even if the applicant committed a crime that does not match one of the exceptions of inadmissibility.

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An Overview of Defective Medical Products

Posted by on Jul 14, 2016 in Defective Products | 0 comments

Medical devices are supposed to save or extend the lives of patients. While they have revolutionized health care, there has been an influx of defective medical products which have resulted to disastrous consequences and numerous product liability claims. Instead of helping the patient, it ended up bringing pain and suffering and not to mention deaths to some of the patients. What makes matters worse is that most of the manufacturers cover up instead of recall the said products.

Statistics have revealed the worrying state of the medical products industry which makes it even more important to hold manufacturers responsible for their failure to care for the well-being of their patients. In 2013, the Food and Drug Administration has recalled 63 high risk devices, an alarming 350% increased from 2008. Here we will look at some of the dangerous medical products that has made life more difficult for its users instead of easier.

Metal Hip and Knee Replacements

Implants are designed to replace the ball and socket joints of the hip. They generally consist of an artificial ball that fits inside a cup. Metal hip replacements are supposed to be more durable than the ceramic and plastic ones. However, most of the patients revealed that the implants have flawed designs that caused them to fail after only a few years. Aside from that, the implants also allegedly released toxic metals into the body forcing the patients to undergo a painful and costly second surgery to replace the flawed implants.

Risperdal

Risperdal is more popularly known by the name of its active ingredient risperidone, an anti-pyschotic disorder designed for treating symptoms of schizophrenia, bipolar disorder, and autism. According to the website of Williams Kherkher, doctors have unfortunately prescribed the medication for unapproved uses. As a result, they have experienced serious side effects including gynecomastia, characterized by breast enlargement in males. The FDA has issued various warnings associated with the drugs but the manufacturers promoted it for its unapproved use.

IVC Blood Clot Filters

IVC filters are designed for patients who are at risk of developing blood clots due to trauma resulting from an accident or other medical events. They are surgically inserted at the inferior vena cava and are designed to catch blood clots before they reach the lungs and cause pulmonary embolism. However, Bard G2 IVC lawsuit attorneys at Habush Habush & Rottier S.C. reported that some IVC filters caused punctured tissues and organs. The first IVC device caused 27 deaths and hundreds of non-fatal complications.

Power Morcellators

Power morcellators are designed to remove uterine fibroids and perform hysterectomies. It works by chopping off large chunks of tissues and removing them through a small abdominal incision. While it helps reduce recovery time, power morcellators have also been linked to the spread of uterine cancer. The FDA has issued warnings about these devices in 2014.

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