CRIMINAL AND IMMIGRATION LAWYER: HOW ONE CASE CAN IMPACT YOUR LEGAL STATUS

A criminal charge may have really deep consequences. Besides a specific case, a few things could be affected too.  

Immigrants and non-citizens must be very careful because one criminal conviction can change the whole domino effect of your immigration status and you may even lose it. You will even need a criminal and immigration lawyer to secure your status. 

In fact, it is very rare that people really get how criminal and immigration law come in contact with each other.  

Criminal law looks at a case from the legal perspective only but there may be certain cases, even minor ones, in which an individual may become deportable in immigration law. 

Knowing such a connection can literally mean the difference between life and death i.e. one can skip deportation and stay in the country they call home. 

Why Criminal Convictions Matter for Immigration Status

In general, if you want to be in a country without any trouble from law enforcement, you must avoid police records.  

Still, not every criminal conviction of yours will be treated the same way in the context of immigration.  

Some crimes will get you into immediate trouble with deportation, while other crimes may just create hurdles for you to get a visa or renew your green card. 

An immigration court judge will look at your criminal record from the lens of the immigration law as compared to a criminal court judge.  

The crimes that, among others, relate to the moral turpitude, aggravated felonies, and drug-related offenses bring the most severe immigration consequences.  

Even a simple misdemeanor guilty plea may create a big problem in someone’s legal position. There are a number of crimes mentioned in federal immigration law as causes for removal.  

Crimes involving moral turpitude, drug violations, and violent crimes are among these crimes. In case the person convicted of an aggravated felony, removal will be obligatory, and an order will be issued without exception. 

The Role of a Criminal And Immigration Lawyer 

Only criminal and immigration lawyers have the capability of understanding two separate and complicated fields of law at the same time.  

This awareness results in their avoidance of a one-sided perspective which is very much due to the fact that one aspect of a case gets too much attention.  

These lawyers can forecast all the direct and indirect consequences of the present issue on the client’s immigration status which are left aside when only the criminal charges are considered. 

It is the job of criminal and immigration lawyers with the two backgrounds to consider the citizenship/country status implications of a crime. 

They talk with the prosecutor to lessen the negative consequences of a charge on immigration.  

Criminal and immigration lawyers always go back to exploring the case alternative that becomes a double victory of the immigrant’s criminal record and the immigrant status. 

Besides that, your criminal and immigration lawyer is a person who supports you in different hearings. They get you ready for the immigration court, defend you against the removal, and generally their aim is to keep your status.  

You may end up with a criminal verdict, which will become a domestic blow to your immigration status without such knowledge. 

Understanding Crimes of Moral Turpitude 

Moral turpitude is one of the biggest reasons that people get charged with immigration violations.  

Simply put, these crimes include lying, cheating, or some other act that is generally viewed as a low or vile one. Many will be totally shocked that a bunch of their usual offenses can be seen as such. 

For example, theft or fraud, or certain drug-related offenses are considered to be acts that falls into this category. However, a crime without a dishonest element can also be classified in this category.  

An alien who has been convicted of a crime of moral turpitude, if discovered, may be expelled from the country and as a result, will be disqualified for the rest of their life from receiving any immigration benefits. 

After considering your case in terms of crimes of moral turpitude, a criminal and an immigration lawyer may extend the assessment of your situation to other factors as well. 

They can reduce or eliminate the immigration consequences of a crime by taking advantage of certain immigration reliefs and waivers. To carry out such a micro-analysis requires one to have not only theoretical but also practical knowledge of both the criminal and the immigration laws. 

Aggravated Felonies and Deportation 

In the whole bunch of categories, as far as immigration law is concerned, aggravated felonies are the most serious offenses.  

One who is convicted of an aggravated felony will be immediately deported and in fact, there will be few such possibilities for the relief of the situation.  

Most of these crimes are violent crimes, drug trafficking, plus some theft offenses taking into account monetary thresholds. 

Judicial decisions have significantly increased the scope of the term “aggravated felony”. Even some offenses which, under the criminal law, are considered to be the least serious ones can be treated as aggravated felonies.  

Another matter to consider here is the punishment – regardless of whether the felony in question is a violent one or not, the harsher the punishment, the more certain that it will be regarded as an aggravated felony. 

Immediate identification of such very serious offences is a skill of a criminal and immigration lawyer. They present your case in such a way that the crime will not be counted as an aggravated felony.  

Drug-Related Offenses and Immigration Consequences 

Under immigration laws, drug-related offenses are among the most strictly handled. Following a federal controlled substance conviction, a person is subject to mandatory deportation.  

As far as a controlled substance conviction is concerned, the type of drug, the amount, and the usage purpose do not matter. 

Even if it is someone’s first time to be caught with drugs, they can be deported. Additionally, the mandatory removal provisions apply to selling, producing, or transporting drugs.  

Apart from deportation, there are other consequences of drug offenses that include being permanently barred from obtaining future immigration benefits. 

One thing that a criminal and immigration lawyer tries to do is to list all the potential strategies that may be viable to help the client avoid conviction.  

One of the tactics for achieving that is by means of diversion program participation or drug court and motion to dismiss. The point is that one must have a very wide understanding of both the criminal justice and immigration law systems to be able to do this. 

Navigating Deportation Defenses 

In case you are faced with both a conviction and deportation, then it is very important that you focus on deportation defenses.  

It is a smart move to hire a criminal and immigration lawyer to devise a plan to defend you from deportation. They have to figure out if your current charges constitute grounds for removal at all. 

There are several ways in which a person can dispute their deportation. In some cases, a crime charged against a person may not actually be a crime as far as the law is concerned. 

Additionally, a judge may overturn a conviction if it is found that the defendant’s constitutional rights were violated in the criminal proceeding leading to the conviction. At the same time, discretionary relief may be granted in only very strong cases.  

Actually, cancellation of removal may be granted if, for instance, the respondent has strong ties both to their family and to the community and has been around for a long.  

The lawyer offers evidence of great reliability and persuasiveness to show that the resulting harm from the removal is very great. 

The Importance of Timing and Early Intervention 

If you speak with your criminal and immigration lawyer before making a plea, you would know the right thing to do.  

With the proper form of protection, no one gets hurt. After being convicted, a defendant’s options are very limited. 

This is precisely why the first thing that should come to mind after one has been charged with a crime is the meeting with a lawyer.  

The lawyer will check the charges against the immigration laws before setting up any plea deal.  

In case the charges lead to the identification of negative immigration consequences, the prosecutor may be willing to drop some of the charges. 

Besides the fact that you can already be convicted, there are things that sometimes you can still get immigration relief based on.  

For instance, you can argue that, at the time of the plea, the immigration consequences were not fully understood or constitutional violations (lack of proper legal representation, etc.). 

Get help! 

Never let chances decide your immigration status. If you find yourself in a criminal case, you should not only be aware that there is a risk of being punished by the criminal law but also that you may lose your legal right to stay in the country.  

Now is the time to do the right thing to take care of your future. Hire a criminal and immigration lawyer from Gehi and Associates. Talk to us about your criminal issues in confidence.  

Don’t plead guilty not knowing what the consequences for immigration might be. The money you spend today in terms of specialised legal services will secure you against damages that will be incurred later on. 

Don’t your family deserve to live in a peaceful environment? Your neighborhood would be happier if you were there, wouldn’t it? Therefore, it is very important to get this right the first time as it is your future that is at stake here.  

Our legal team fully understands both the criminal and immigration systems. The key to your legal status is with us. 

Get in touch with us right now! 

Frequently Asked Questions: 

1. Can a misdemeanor criminal conviction lead to deportation? 

It depends on how serious the crime is. In general, a misdemeanor conviction may lead to a deportation. Those offenders involved in dishonesty and fraud or drug related crimes can be deported regardless of the level of crime. 

2. Should I accept a plea bargain without consulting with an immigration lawyer? 

It is not advisable. It is generally better not to do so at all. You should talk to the criminal and immigration lawyer before agreeing to a plea. 

3. What is the difference between a crime of moral turpitude and an aggravated felony? 

Generally speaking, crimes of moral turpitude are crimes involving dishonesty whereas aggravated felonies are the sum of the most serious immigration offenses. Both types may result in deportation.  

With crimes of moral turpitude, one may be eligible for discretionary relief but this is not the case for aggravated felonies. 

4. Can the immigration consequences be appealed after the conviction? 

Yes, if the defendant didn’t know at the time of the plea that there would be immigration consequences or if the defendant’s constitutional rights were violated through the process. 

5. Does hiring a criminal and immigration lawyer cost more than just a criminal lawyer? 

At first, hiring a criminal and immigration lawyer will require a bit more money but it will save you from very expensive consequences in terms of immigration that may be associated with your case.  

On the other hand, you can see it as an investment that will be a sure win since it will keep your legal status for good. 

More FAQs:

6. How long will it take for deportation to happen after one is convicted of a crime? 

Removal proceedings may begin right after the conviction, and the whole processing time can span from a few days to weeks. With the right legal representation, the entire removal proceedings will probably be very quick.

7. Is it possible to come back to the country after being deported? 

In general, not only is there usually a bar on deportees from obtaining immigration benefits permanently or for a long time but also the grounds for removal play an important role.  

The possibility of returning after removal depends on the grounds, but it is really an uphill battle. 

8. Do I have to disclose on immigration applications my old criminal convictions? 

Yes, you definitely have to. The immigration officer will check in detail your records. In addition, legally, the failure to disclose a conviction doubles the trouble. 

9. I’m a green card holder but facing criminal charges, what can I do? 

When it comes to deportation, green card holders have the same vulnerability as any other aliens. A criminal conviction can result in your losing your green card and removal from the country. 

10. Can a criminal and immigration lawyer help me if the deportation proceedings are already under way? 

Yes, even if your case has gone far, your lawyer can still challenge the charges in removal hearings, motion for relief, and advocate your wish to continue living in the country.