Two TWM Immigration Success Stories



TWM lawyer Adam Schaye recently played a role in a complicated immigration and criminal court case. The results of this case will decide whether Bruce McDonald, a Jamaican foreign national, will be deported, despite having a spouse and four children, all U.S. citizens. Mr. McDonald initially pleaded guilty to charges of selling a small amount of marijuana and possessing cocaine, based on poor advice from his initial criminal defense lawyer. Because of the plea, Mr. McDonald was served deportation papers. Sometime later Mr. McDonald, represented by a new and better lawyer, took the case to the New York State Court of Appeals. The court held that while the advice of the initial lawyer indeed misled Mr. McDonald, Mr. McDonald would not necessarily have pleaded "not guilty" if given different advice.

At this point Adam Schaye successfully convinced the trial court to give Mr. McDonald a new hearing to evaluate if he would actually have pleaded guilty if he knew that the plea would result in deportation proceedings. Mr. Schaye's efforts gave the case new life and Mr. McDonald was granted a new trial. After a three-day trial Mr. McDonald was acquitted of all felony charges and found guilty of two misdemeanors.

Unfortunately, the struggle to keep Mr. McDonald in the United States continues. Under federal law two misdemeanor convictions can result in deportation. Mr. McDonald will soon appear before an immigration judge to request an immigration waiver to allow him to remain in the United States.

The second TWM success story involves an imminently qualified transportation engineer. Despite teaching in several of the best universities in the United States and Canada and managing the traffic restructuring of some of the world's most populous cities, this foreign national was initially rejected for a green card in the extraordinary ability (EB-1-1) classification. After his initial denial, the foreign national retained TWM's services. After a long effort, TWM attorney Carolyn Lee eventually persuaded the immigration agency to grant our client's second EB-1-1 green card application. Needless to say, our client is very happy with the outcome, against long odds after his initial denial.

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