Criminal Immigration Lawyer

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.

Challenging the Underlying Criminal Charges

When a criminal charge leads to a deportation threat, attacking the charge’s validity can be the most direct path to relief. In some cases, the evidence might be weak, or the police may have violated your constitutional rights. Proving these errors can result in reduced or dropped charges, which lessens the immigration consequences. Even if you already pled guilty, there might be legal grounds to undo that plea if it was entered under unfair conditions.

If the courts dismiss or minimize a criminal charge, the immigration court often loses the authority to remove you based on that crime. A good lawyer closely evaluates police reports and witness statements to find inconsistencies or oversights. Such details, when presented effectively, can change the course of a deportation case. Combining strong criminal defenses with knowledge of immigration law can yield the best result for your future in the U.S.

Post-Conviction Relief Options (Expungements, Appeals)

Sometimes, convictions remain on your record and pose a serious threat to your ability to stay in the country. Post-conviction relief provides a legal route to modify or remove these convictions, especially if there were legal errors during the trial. For instance, an appeal might highlight mistakes made by the judge or a misunderstanding of evidence, leading to a reversal of the original sentence. This shift can protect you from immigration penalties tied to a previous guilty verdict.

Expungements and certain state-specific procedures can sometimes wipe away or downgrade a past conviction. This process can be complex, requiring motions in the original criminal court and specific immigration documents. When successful, a once-dangerous conviction may no longer affect your status. Choosing an attorney who understands both the criminal and immigration sides helps you navigate these multi-step actions effectively.

Waivers of Inadmissibility and Cancellation of Removal

If a crime deems you inadmissible or deportable, a waiver can act like a lifeline, allowing you to remain in or return to the United States. These requests often focus on proving the hardship your deportation would cause for your family or yourself. A strong waiver application includes detailed records, personal statements, and supporting evidence of good moral character. Properly executed, it can convince immigration authorities to set aside the problematic aspect of your record.

Cancellation of removal lets certain individuals cancel or halt their deportation if they meet strict criteria, such as time spent in the U.S. and proof of positive conduct. This avenue might be open to those who have been here for many years and can show they’ve contributed significantly to the community. If granted, you could receive lawful permanent resident status, securing your right to live and work freely. An attorney ensures you meet all thresholds and present the strongest case to the judge.

FAQs

Call Summit Defense for Your Criminal Immigration Attorney Needs

At Summit Defense, our team believes in safeguarding your freedom and your future in the United States. We combine knowledge of criminal law with the intricacies of immigration statutes to ensure no stone is left unturned. If you or a family member faces criminal charges that threaten deportation, let us stand by your side with strategic defenses. We encourage you to take a look at our previous client reviews and case results as well. Contact us today, and allow us to protect your rights and keep you with the people and places that matter most.

Legal and Informational References:

• United States Citizenship and Immigration Services (USCIS)
• 8 U.S.C. § 1227 – Deportable Aliens
• Board of Immigration Appeals (BIA)

Resources for Non-Citizens Facing Immigration Questions:

• National Immigration Legal Services Directory
• Asylum Seeker Advocacy Project (ASAP)
• USCIS’s website
• Directory of Immigration Bond Funds
• Stanford Law School Immigrants’ Rights Clinic

Recommended Reading

• What To Do After Arraignment
• Search and Seizure: Your Rights
• Your Miranda Rights
• What Happens During Arrest & Booking?