New Requirements for Criminal Law?

Over the years there have been a number of cases coming out of a variety of criminal courts that have had an impact on immigration law. Most of the cases have held that a criminal attorneys failure to adequately inform the immigrant of immigration consequences may constitute ineffective assistance of counsel. For example, if the attorney fails to inform his client that a possession of a controlled substance for sale, is a crime that will cause deportation, the attorney may be liable for ineffective assistance of counsel.
As the system currently stands (in California) the judge will inform the client that there may be immigration consequences to a guilty plea, but this is a blanket statement by the court, not a direct statement regarding the specific type of crime.
The new cases seem to say that the attorney may commit ineffective assistance of counsel in cases in which he or she does not explain the immigration outcome of a plea or sentence. While this may sound good and may have a highly beneficial outcome - if you file a complaint for ineffective assistance of counsel and win (which is very hard to do) you may get a new trial! The practical outcome will probably mean little as most criminal attorneys do not know all the immigration consequences of a criminal plea. Furthermore, the likelihood of winning a claim of inefficient assistance of counsel as the courts are unlikely to grant these cases.

J- Visas

J-visas are a special category of visas that have their own rules and restrictions. For example, an individual on a J-visa cannot get an adjustment of status unless they leave the US and reside in their home country for 2 years. There is a waiver for this but it is a difficult waiver to get and has numerous steps.
Second, J-visas are for a short period of time and are intended for cultural exchange purposes. Think of them as long term tourist visas. While the analogy is not perfect it gets the idea across - you are coming to the United States for a longer period of time to become acquainted to American culture. At the same time you are introducing Americans to the language and culture of your home country.
In order to apply for the J-visa you must first be accepted into an exchange program. Each program has their own requirements and it can be difficult to get into a program. Once you get accepted into the program you need to file for a J-visa. J-visas have separate requirements than the exchange program and you may qualify for one but not for the other!