Regardless of an attorney’s area of practice, immigration-related questions arise. Lawyers often are unfamiliar with the basic framework of immigration law needed to prevent clients from making costly mistakes. While clients’ particular immigration-related legal needs vary greatly, the following are eight key warnings that attorneys must be prepared to offer them.
1. Warn clients about the immigration consequences of guilty pleas. In Kentucky v. Padilla (2010), the U.S. Supreme Court held that the Sixth Amendment requires defense counsel to advise noncitizen clients of the risk of deportation arising from a guilty plea. Failure to properly advise on the immigration consequences may constitute ineffective assistance of counsel.
