Common Desk Appearance Tickets from JFK Airport include 1) shoplifting offenses (Petit Larceny – PL 155.25, a Class A misdemeanor) at the JFK retail shops or duty-free stores, 2) misdemeanor possession of controlled substances (PL 220.03), 3) misdemeanor possession of a weapon, such as a knife or collapsable baton or brass knuckles (PL 265.01), 4) theft of services, such as failing to pay a bar or restaurant tab (PL 165.15), and 5) assault (PL 120.00, a Class A misdemeanor). However, there are many other possible offenses at JFK Airport that could result in Desk Appearance Tickets.

A Desk Appearance Ticket is the same thing as a criminal arrest and a conviction for a misdemeanor can give you a permanent and public criminal record. It can also potentially result in jail time, probation, fines, loss of employment, loss of immigration status, and loss of licensure, depending on the circumstances. These DATs must be taken seriously, as should any criminal arrest. Matthew Galluzzo has successfully helped over 100 clients earn dismissals in cases involving Desk Appearance Tickets, and has specifically helped over a dozen clients with charges stemming from JFK Airport.

Generally, a person who receives a Desk Appearance Ticket from JFK Airport must appear in Queens Criminal Court (located at 125-01 Queens Boulevard) as instructed by the ticket. Sometimes these court dates occur on weekends. Of course, many of the people arrested in JFK are travelers from out of town or even out of the country. In certain types of cases, Matthew Galluzzo has successfully appeared of behalf of many out-of-town and foreign clients and resolved these cases favorably without the clients having to appear personally. If you are a foreign or out-of-town client with a JFK Desk Appearance Ticket, you should strongly consider hiring Matthew Galluzzo to appear on your behalf, so that you do not have to make a special trip back to New York City just to appear in court to resolve a misdemeanor offense.

The attorneys at the Law Office of Matthew Galluzzo regularly represent foreign citizens charged with misdemeanors in New York courts. As criminal counsel to the French Consulate and a regular representative of the nations of Belgium, Switzerland, Australia, and Saudi Arabia, their lawyers understand that a regular ACD cannot be accepted by some foreign citizens in cases in which it would be perfectly acceptable for citizens to accept them. The attorneys at the Law Office of Matthew Galluzzo have been successful on many occasions in convincing prosecutors to dismiss charges early in the interest of justice, so that people that have encountered minor arrests in New York can stay in New York, get visas to attend university, or continue to work in New York. If you or a loved one are a non-citizen facing criminal charges in New York (or if you made the mistake of accepting an ACD that you shouldn’t have accepted), you should strongly consider contacting the experienced criminal defense attorneys at The Law Office of Matthew Galluzzo. Their multilingual attorneys can help you navigate the confusing issues facing non-citizens attempting to live, study and/or work in the New York while confronting criminal charges.

To begin, for Canadians there are many serious New York criminal convictions that can result in deportation from (or future inadmissibility to) the United States. Even seemingly minor or innocuous arrests can effectively result in deportation from (or inadmissibility to) the United States by blocking the obtaining of a visa or the renewing of a current one. It is absolutely critical that any Canadian citizen charged with a crime consider the services of an experienced criminal defense attorney that understands these potential immigration consequences, as well as the dizzying array of visas and work permits potentially available to Canadian citizens. Canadians are accustomed to passing through the American borders with ease, but those with pending criminal cases are often surprised to be detained or prevented from entering by U.S. Customs or immigration officials.

In addition, though most Canadian francophones are multilingual, many are more comfortable communicating in French than in English. Those individuals, understandably anxious about the criminal justice process, should strongly consider retaining a French-speaking attorney that is capable of explaining New York criminal procedure in their preferred language.

The attorneys at the Law Office of Matthew Galluzzo have successfully represented numerous Canadian citizens in connection with criminal cases and investigations in New York and are uniquely qualified to communicate with French speaking natives of Québec. If you or a loved one are Canadian and facing criminal charges in New York City, you should strongly consider contacting the attorneys at the Law Office of Matthew Galluzzo.

(by Laura Monagle)

In 2008, the United States government began issuing U-Visas, a non-immigrant visa for victims of crime who have assisted with a criminal investigation and/or prosecution.

The intention behind the introduction of this visa was to increase the incentive for victims of crime to come forward, without fear of deportation. Congress particularly had in mind female victims of domestic abuse, who do not report the violence against them because of their undocumented status.

The US government grants a maximum of 10,000 U-Visas a year, and since its inception has received an ever increasing number of applications for such visas. Because of the sensitive nature of such applications, the government strongly advises applicants to seek legal advise before making a formal application. Matthew Galluzzo has experience in this area of the law, and could assist an applicant throughout this process.

There are four requirements for a U-Visa, set out below:

1. The immigrant suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity.
2. The immigrant (or in the case of an immigrant child under the age of 16, the parent, guardian or next friend of the child) possesses information concerning that criminal activity.
3. The immigrant (or in the case of an immigrant child under the age of 16, the parent, guardian or next friend of the child) has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity, and
4. The criminal activity violated the laws of the United States or occurred in the United States.

The applicant must have been the victim of one of the following crimes (or a substantially similar crime): rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit any of the above. It is not necessary for a criminal conviction to be recorded.

Applicants can be either direct (suffered direct harm as a result of the crime) or indirect (the spouse or child under 21 of the direct victim; the parents and unmarried siblings under 18 of a direct victim under 21 who is deceased due to murder or manslaughter, or incompetent or incapacitated) victims of the crime.

In order to determine whether substantial harm has been suffered, the following factors will be considered:

• The nature of the injury inflicted or suffered.
• The severity of the perpetrator’s conduct.
• The severity of harm suffered.
• The duration of infliction of harm.
• The extent to which there is permanent or serious harm to appearance, health, or physical/mental soundness, including aggravation of pre-existing conditions.

In addition to the above criteria being made out, an applicant for a U-Visa is required to file a Form I-918, certifying their assistance in the criminal investigation and/or prosecution of a crime. This form must be certified by either a federal, state or local law enforcement officer, or a judge investigating or prosecuting the criminal matter. It must be kept in mind that while there is no statute of limitations regarding when the crime was committed (ie. an applicant will not be rejected because of how long ago the crime occurred), the Form I-918 must have been certified within the 6 months preceding the U-Visa application filing.

U-Visas are subject to the grounds for inadmissibility set out in §212(a) of the Immigration and Nationality Act (‘INA’). The most commonly problematic of these is the undocumented status of the applicant, however, the applicant can apply for a waiver of this ground of inadmissibility. Other grounds of inadmissibility include criminal convictions/admissions of criminal activity (including prostitution), health related grounds, and previous deportations. All of the grounds of inadmissibility listed in the INA have the potential to be waived (except for those relating to Nazi persecution, genocide, torture and extrajudicial killing). The grounds of inadmissibility make clear the sensitive nature of a U-Visa application, and thus the need for an experienced attorney to assist in making the application.

Individuals who are already involved in deportation proceedings are not excluded from applying for a U-visa.

A successful applicant for a U-Visa can receive a visa for a maximum of four year. After three years, a holder of a U-Visa is permitted to apply for a green card, the first step towards achieving citizenship (a green card holder becomes eligible for citizenship after five years of holding a green card).

There are some risks involved with applying for a U-Visa, particularly for those of undocumented status. The application process involves providing truthful information regarding the applicant’s contact information, as well as their immigration status (even if undocumented). A full background check is completed as part of the application process. This does expose the applicant to deportation proceedings, if immigration were to forward this information to the Department of Homeland Security. However, it is important to remember that undocumented persons are always at risk of having deportation proceedings instigated against them.

If you are the victim of a crime who qualifies for a U-Visa, consider contacting the offices of Matthew Galluzzo PLLC to assist you with the application process.

Credit: Pro Bono Attorney Manual on Immigration Relief for Crime Victims: U Visas