Funded by the New York State Office of Indigent Legal Services
Click or search below for our advisories on matters attorneys must handle even before they can get individualized advice from RIAC.
Provides an overview of all immediate steps counsel must take - on their own - before individualized advice on immigration can be obtained.
DownloadInfo for attorneys and clients. Explains why an ACD is usually the best immigration-safe disposition, which client situations must be flagged to RIAC right away, and the steps to take after a client receives one.
DownloadExplains why attorneys may never use a court interpreter for attorney-client discussions — even a quick one — and what to do instead to protect privilege and confidentiality.
DownloadProvides guidance on the immediate steps counsel must take - even while at CAP Court - when a foreign-born client may become subject to a domestic order of protection.
DownloadExplains the Laken Riley Act's new category of mandatory immigration detention for certain undocumented clients, and the tension between a quick plea and a better disposition when advising them.
DownloadWarns that diversion programs and up-front pleas can count as a conviction for immigration purposes even if later vacated or sealed, so counsel must get RIAC advice first.
DownloadExplains that New York does not require a factual basis for a bargained-for plea to a lesser offense, so a client can lawfully plead to an immigration-safe or even fictitious crime.
DownloadExplains why every client's place of birth must be verified, not just their stated citizenship, and which documents do or don't resolve the question without a RIAC consultation.
DownloadOutlines the steps to take if a judge asks about a client's immigration status — asking to go off the record, objecting on Fifth Amendment grounds, and contacting RIAC immediately.
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