In this article, we delve into the troubling world of CRIMMIGRATION, where the scales of justice often tip in favor of systemic injustice.

Deportation is the official expulsion or kicking out of certain people who don’t meet certain criteria.  It’s how the government deals with people who were not born here and who are also not in compliance with it’s rules and regulations related to immigration law. ICE (Immigration and Customs Enforcement) takes the lead in this process, while USCIS (U.S. Citizenship and Immigration Service) and CBP (Customs and Border Protection) manage other parts of the process. But here’s the harsh reality: even if you hold a green card, a misstep with immigration laws or a brush with the criminal justice system can land you in immigration court fighting for a chance to stay in the U.S.

When that dreaded Notice to Appear arrives uninvited in the mailbox, the case to remove a noncitizen has officially begun.  An immigration judge assumes the dual roles of judge and jury, with biases woven in and through the very fabric of the system. The case is closely scrutinized to determine whether the noncitizen will be ordered to leave the U.S. or granted the chance to stay. In a system plagued by racial disparities and unequal treatment, the outcome is often a stark reminder of the injustices endured by minorities.

To navigate these turbulent waters, undocumented individuals may find themselves entangled in legal repercussions for alleged violations of immigration, criminal, and even traffic laws.

avoiding deporation after being arrested

It’s crucial to grasp that all non-U.S. citizens, including green card holders, can face the potential of deportation if convicted of violating certain U.S. laws. Deportation proceedings often stem from convictions for a ‘crime of moral turpitude’ or an ‘aggravated felony.’ U.S. law explicitly lists certain crimes that can lead to deportation.

A more extensive list of crimes may expose foreign nationals to deportation if they leave the United States and return. Even if allowed back into the country, they are considered to be seeking readmission, meaning any crimes committed since their previous admission could render them ‘inadmissible’ and subject to deportation. Understanding these consequences is paramount for making informed decisions about immigration status.

Immigration Protection: How to Prevent Deportation with a Conviction

Timing is key when it comes to protecting your immigration status (or chance to obtain it) after an arrest or charge.  Working with an immigration attorney at the beginning of your criminal or traffic case gives you the best chance of preventing deportation or other negative immigration consequences of your traffic ticket or criminal charge.  To avert deportation in the United States after a conviction, seeking legal counsel is crucial. With proper guidance, options such as post-conviction relief, waivers, or appeals can be explored to secure immigration status.  An experienced Criminal and Immigration Lawyer in Maryland can assist in taking the first and most critical step in safeguarding immigration status when faced with a conviction.

What is a Conviction?

In legal terms, a conviction is a formal declaration of guilt or judgment against an individual accused of a crime. The process involves presenting evidence beyond a reasonable doubt, leading to penalties that vary based on jurisdiction and the crime’s severity.

Understanding Deportation and Removal Proceedings

immigration law

Deportation, the official process of sending a foreign national back to their home country, is initiated by immigration authorities like ICE. A Notice to Appear triggers a hearing in immigration court, where an immigration judge evaluates the case and evidence to decide whether to order removal or allow the individual to stay.

  • Grounds for Removal: The Immigration and Nationality Act (INA) specifies situations leading to deportation, including convictions for crimes of moral turpitude, multiple convictions, or aggravated felonies. Seeking immediate immigration advice is essential if these situations apply.
  • Protecting Visa Holders: Alleged violations of immigration or criminal laws can impact green card renewal. Collaboration between an Immigration Lawyer and defense counsel is crucial to evaluating and negotiating charges before renewing a green card.
  • Crimes That Can Lead to Deportation: Deportation proceedings hinge on specific grounds, including offenses categorized as “crimes of moral turpitude.” High-risk offenses encompass domestic violence, theft, drugs, firearms, fraud, and aggravated felonies.
  • Adjusting Your Immigration Status: Adjustment of status allows individuals to apply for a green card to become lawful permanent residents without leaving the U.S. This process, accessible for those with U.S. citizen family members, involves eligibility determination and petition filing.
  • Cancellation of Removal: Facing deportation and a criminal charge may lead to transferring the case to immigration court. Cancellation of Removal, if approved, can suspend deportation proceedings.
  • Motion to Withdraw Plea in Deportation Cases: Individuals with prior guilty pleas or convictions may be able to file a Motion to Withdraw Plea, challenging convictions and potentially leading to a new trial.
  • Understanding Waivers in Deportation Proceedings: A criminal conviction in deportation proceedings might be eligible for an I-601 Waiver, forgiving the offense and allowing green card retention or status adjustment.
  • Seeking Asylum in Deportation Cases: Filing an I-589 Application for Asylum is an option to seek protection in the U.S. if facing deportation, requiring proof of serious harm risk due to race, religion, social group, or political views.

Facing a felony charge poses immigration status concerns. Steps to safeguard include understanding the felony’s impact, seeking legal counsel, exploring relief options, following legal procedures, and collaborating with a Criminal and Immigration Lawyer.

Thompson Legal Group: Your Partner in Navigating Immigration and Felony Challenges

 

Facing a felony charge poses immigration status concerns. Steps to safeguard include understanding the felony’s impact, seeking legal counsel, exploring relief options, obeying legal procedures, and collaborating with a Criminal and Immigration Lawyer.

Thompson Legal Group specializes in guiding individuals through the complexities of immigration law when facing felony-related immigration issues. Committed to simplifying the process, we stand by clients at every stage to increase the chances of protecting immigration status.

To learn more about “How to Avoid Deportation With a Felony?” contact Thompson Legal Group for assistance securing your future in the United States.

FAQs

Depending on the nature of the felony, deportation proceedings are possible. Certain felonies, especially those categorized as “crimes of moral turpitude” or “aggravated felonies,” increase deportation risk.

While possible, preventing deportation after a felony conviction is complex. Consult with an Immigration Attorney to explore strategies such as relief from removal or waivers.

A felony conviction can impact green card obtainment or renewal, potentially leading to denial or deportation. Consultation with an immigration attorney is crucial to understand the consequences and explore legal options.

Yes, a felony conviction significantly impacts U.S. citizenship chances. The naturalization process scrutinizes criminal history, and a felony may result in a citizenship application denial.

Facing felony charges as an immigrant requires immediate legal counsel. Felony charges can have severe consequences on immigration status, and an attorney can assess the case, provide guidance, and formulate a defense strategy for minimizing impact. Early intervention is crucial to protect rights and explore

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