Many immigrants find themselves confused and stressed when faced with criminal charges. These charges could threaten their legal status in the United States. Even minor convictions can trigger harsh immigration consequences. So, it is critical to seek the right legal representation. A skilled criminal immigration lawyer knows how to defend your immigration rights.
At Summit Defense, we strive to safeguard our clients from unjust outcomes and potential deportation. Our criminal defense attorneys understand the nuances of criminal and immigration law. Learn more about how a criminal conviction can lead to serious immigration consequences below. Then, contact our law firm to schedule a free consultation with our criminal and immigration lawyer.
Our Criminal Immigration Lawyer Stands Up for the Rights of Immigrants
We understand the immense pressure immigrants feel when their freedom and future in this country hang in the balance. Our dedicated team has handled complex cases involving serious allegations. We always focus on securing the best outcome.
Fighting against criminal charges and possible removal can feel overwhelming. Our criminal defense lawyer can explain each phase, from arrest to resolution, and ensure you stay informed of all your options. Trust and open communication guide how we approach every case because we know each person’s future is on the line. We focus on building strong defenses rooted in both criminal law principles and immigration statutes. That way, no aspect of your case gets overlooked. Count on our immigration criminal lawyer to provide the strong defense you deserve.
Role of a Criminal Immigration Lawyer
- Analyze Criminal Charges and Immigration Consequences. A criminal immigration lawyer reviews the nature of your charges and examines how they impact your visa or green card status. They then strategize how to minimize the threat of deportation while negotiating or fighting the criminal case.
- Negotiate Plea Agreements with Immigration in Mind. A plea deal might reduce criminal penalties, but it can still harm your immigration case if not done correctly. Lawyers in this field look for options that protect your status to the greatest extent possible.
- Collaborate with Other Experts. Sometimes, interpreters or forensic specialists are necessary to clarify evidence. Skilled attorneys coordinate with these professionals to present a clear and compelling story on your behalf.
- Guide You Through Court Hearings. From arraignment to sentencing or trial, your attorney ensures you understand each proceeding and your potential risks. They present arguments and evidence designed to preserve both your criminal defense and your right to remain in the country.
- File Immigration Paperwork and Applications. When facing deportation, attorneys often prepare essential documents like waivers or petitions for relief. Ensuring these are accurate and timely can be pivotal in swaying immigration judges to allow you to stay.
Criminal Charges and Non-Citizens
If you are a non-citizen facing criminal charges, you must take into account the various consequences that may result from conviction. In some instances, a charge or arrest can lead to major consequences.
The Trump presidency has vowed to proceed with mass deportations. It appears for now that the administration will begin enforcing the statutory schemes.
Whether you are in the country on an H1b Visa, an F1 visa, or asylum, a criminal conviction may become the most overriding concern in handling your matter. In other words, you may opt to accept a plea agreement instead of fighting the case. You might even be pushed to accept jail time to avoid these life-altering consequences.
Immigration and Criminal Charges in California
The good news in California comes in the form of Penal Code section 1016.3, which requires that defense counsel provide an accurate assessment of immigration consequences and, even more importantly, that any prosecutor consider the adverse immigration consequences of any plea agreement.
This is why Summit Defense will offer a free consultation for non-citizens with one of the best immigration lawyers in the Bay Area. This consultation will answer your basic questions as to whether you should leave the country while the case is pending and what you may need to provide to an immigration official upon reentry. The consultation will also provide you with answers as to any potential long-term consequences of a criminal conviction and tips to avoid these. We prioritize the cases of our immigrant clients.
Consequences for Criminal Charges for Immigrants
A criminal charge can result in one of three life-altering immigration consequences:
- Deportation. Depending on your immigration status and the charge you are convicted of, the immigration authorities can begin deportation proceedings meant to remove you from the country.
- Inadmissibility. This relates to entry into the country. That is, an immigration official can bar you from entering the country at any port of entry.
- Naturalization. Certain criminal convictions will result in denial of naturalization or adjustment of status.
There are four types of convictions that impact a non-citizen’s status:
I. Crimes Involving Moral Turpitude (CIMT). USCIS defines Moral Turpitude as one that is “base, vile, separated, contrary to the rules of morality”. Some examples of a crime of Moral Turpitude include:
- Murder
- Embezzlement
- Robbery and theft
- Drug-related crimes
- Assault
- Kidnapping
- Domestic violence
- Fraud and conspiracy
- Rape
A conviction of a crime of moral turpitude can result in adverse immigration, especially if the conviction occurs less than 5 years after entry.
II. Aggravated Felonies. The key thing to note in this classification is that NOT ALL FELONIES are aggravated felonies, and more bizarre, some felonies that carry more jail time may be considered less serious and not aggravated felonies for analysis of immigration consequences.
Some examples of aggravated felonies include:
- A crime that involves murder, rape, or sexual abuse of a minor
- Other crimes involving minors.
- A crime that involves trafficking in controlled substances, firearms, or destructive devices
- A crime that involves money laundering, fraud, or tax evasion
- A crime that involves child pornography
- A crime that involves human trafficking
- A crime that involves obstruction of justice, perjury, or bribery of a witness
III. Controlled Substance Violations. Even though controlled substance violations may appear at first glance to be trivial, the immigration laws relating to controlled substance violations and the presence of “addicts” in the country can be far-reaching and draconian.
IV. Domestic Violence and Child Abuse. Convictions involving domestic violence, child abuse, neglect, or abandonment can result in deportation and prevent an immigrant from obtaining a green card or other immigration benefits.
Deportation Defense Strategies in Criminal Cases
Deportation or removal proceedings often follow a criminal conviction. Our lawyer evaluates every aspect of your circumstances to form a strong defense that challenges both criminal charges and any immigration violations. Below are key strategies we use when representing clients battling criminal-based removals.
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