Visas and pending criminal cases and ACDs

The Law Office of Matthew Galluzzo, PLLC Team

Frequently, non-citizens seeking American visas or renewal of current ones make the mistake of accepting seemingly excellent criminal dispositions without understanding the immigration consequences. For example, people arrested in New York for misdemeanor charges such as possession of marijuana (PL 221.05 or PL 221.10), trespass (PL 140.05 or 140.10), theft of services (PL 165.15), petit larceny/shoplifting (PL 155.25), or possession of a controlled substance (PL 220.03) often receive adjournments in contemplation of dismissal (“ACDs”) at their first court appearances. Under those scenarios, the case is automatically dismissed after a period of six months, assuming certain conditions are met. However, many non-citizens make the mistake of accepting these otherwise favorable dispositions (typically upon the advice of counsel) without recognizing that an American visa cannot be obtained or renewed during the six months “probationary period” of an ACD.

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.

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I found myself in such a dark place thinking only God could understand and help me through this horrible situation. But Matthew Galluzzo did. And he did so in a very kind, compassionate and respectful manner. Enough said.

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Matthew Galluzzo saved the day when the unthinkable happened. Every phone call was returned within minutes. All email correspondences were replied to expeditiously. Matt handled our case as if it was a member of his own family in the courtroom. Despite all the obstacles along the way, Matt's legal...

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In less than an hour of assessing my case, Mr. Galluzzo had a clear direction and evoked a confident demeanor that was infectious. During the course of several court appearances he was always prepared, and took more than a personal interest when errors in court procedure occurred. Mr. Galluzzo...

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We hired Matt when my son was arrested on several very serious felony charges. Matt is not only very knowledgeable about the law, he genuinely cares about his clients. He was patient and professional, inside the courtroom and out, in what turned out to be a very long process. He worked closely with...

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