The threat of deportation can be very frightening and even overwhelming. In many cases, people can be placed into deportation following imprisonment, often regarded as ICE detainers or ICE holds. In other situations, deportation can be triggered following the re-entrance into the country or the submission of a petition to the U.S. Citizenship and Immigration Services, which has been ultimately denied.
After receiving a notification to appear before an immigration court judge, this will usually entail the commencement of deportation or removal proceedings. If you have received such notice, it is critical that you act quickly and you begin to build a strong defense.
Seek Legal Representation in Your Deportation Case
Facing deportation or removal for a criminal action will usually require a conviction. Consider seeking the legal support of a skilled immigration law attorney who can assist you and help you in protecting your ability to stay in the country.
Avoiding Removal with Efficient Legal Representation
Removal or deportation hearings can have lifelong, serious consequences, but a well-versed immigration attorney can vigorously represent your case, especially in the event that you are facing criminal charges or have been convicted of a crime. If this is your case, do not risk your future by facing the legal complexities alone. Consider contacting the legal support of the King Immigration Law Group for a free case evaluation.
Facing Deportation for Criminal Charges
If you are considering immigrating into the country, it is of utmost importance that you have a clean criminal record. Even when you have successfully obtained a permanent residency status, this can be compromised if you have been convicted of a particular crime. Convictions or criminal activity can negatively impact your ability to obtain a permanent residency status. In worse cases, it can result in your removal from the country.
Types of Crimes That Can Affect Your Permanent Residency Status
While any crime can negatively impact your residency status, there are some crimes that are usually considered to be more serious when compared to others. Understanding what type of crime can result in a deportation is beneficial, as even a minor offense can have negative consequences.
Crimes that could result in removal include:
- Firearm convictions
- Smuggling of undocumented immigrants
- Domestic violence
- Money laundering
- Sexual assault
- Drug offenses
In the event that the criminal activity is being charged as a petty offense, it may be possible to avoid deportation. However, although a majority of misdemeanors do not result in removal, it is possible to face other consequences when there are multiple charges or convictions.
Relief Following a Conviction
If you have a criminal record, it may be possible to avoid removal and other complications through the use of post-conviction relief. Petitioning a court for post-conviction relief can vacate certain types of convictions through by essentially modifying the conviction. In turn, this may preserve a petitioner’s ability to remain in the country. The following are common ways in which post-conviction relief can be carried out:
- Petition to overturn a conviction based on ineffective legal counsel;
- Motion to re-sentence, usually when attempting to prevent a conviction for a deportable or inadmissible crime, such as aggravated felonies;
- Ability to reduce a sentence form a felony conviction to a misdemeanor;
- Petition to withdraw a no-contest or guilty plea on the grounds that the court did not advice the defendant of the immigration consequences for entering the plea;
- Petition to retract the plea for supplemental reasons; and
- Petition for a writ of habeas corpus.
Re-Sentencing to Avoid Deportation
As previously mentioned, one way to obtain post-conviction relief is through re-sentencing. This can aid a defendant avoid the immigration consequences of a criminal conviction, which is possible because immigration consequences can sometimes depend on the sentence received for the criminal conviction. The following are common examples:
- Theft crimes in California are considered an aggravated felony, which is a deportable crime only when the sentence is of one year or more;
- It is possible to be inadmissible when the defendant has more than one criminal conviction and the sentences received add up to five years or more; and
- Inadmissibility when convicted of a crime of moral turpitude, unless the sentence given is one year or less and the actual sentence is six months or less.
Contingent on the nature of the conviction, it may be possible to eliminate immigration consequences by having the sentence reduced. It is worth noting that not all forms of post-conviction relief will eliminate the repercussions of a conviction. Generally, criminal convictions for the purpose of immigration can be vacated when there was some type of legal defect during the conviction. When the criminal conviction is vacated for other reasons, it will likely not support the immigration situation.
For instance, in the State of California, a defendant can expunge a criminal record in effort of securing employment or obtaining a professional license. This relief, however, may not eliminate the immigration repercussions of the criminal conviction since there was no legal error or other issue that made the conviction invalid.
Contact the Legal Support of a Well-Versed Immigration Attorney
As a result of a criminal record, non-citizens are often subject to deportation and facing deportation can be a frightening experience for any person. If you are facing criminal charges or have been convicted of a crime where deportation or removal is possible, it is essential to act promptly and seek legal counsel. A skilled immigration law attorney can help defend your case.
Immigration attorney Oliver P. King is well-versed in the field of immigration law involving deportation and removal defense. If you are being threatened with deportation or removal from the country, consider contacting the legal support of a qualified and experienced attorney. Deportation cases involving criminality are complex and demand legal representation. Regrettably, even when the criminal act occurred many years ago, the proceedings for deportation or removal can still be triggered. Contact the King Immigration Law Group today for a free case evaluation.