Your immigration status may be at risk if you have entered a plea to a criminal charge, or if you have been convicted by a judge or jury for such a charge. Many individuals believe that only illegal immigrants can be placed in removal proceedings (be found deportable from the country or inadmissible to the country). This is simply not true.
Unless you are a US citizen, the commission of certain crimes may cause you to be placed in removal proceedings.
This is true even if you are a lawful permanent resident or have other lawful status.
In some cases, it is the fact of the conviction, without consideration of the sentence received, that determines the immigration consequences. For example, conviction for child abuse will cause a non-citizen immigrant to be deportable, regardless of the absence of a jail or prison sentence.
- Even if you only received probation with no jail time or a withhold of adjudication, you are still at risk for removal proceedings as these sentencing resolutions may be deemed convictions for immigration purposes. The entry of a plea (even a no contest plea) with probation is a conviction. A withhold of adjudication with further sanctions (a fine, community service etc.) also qualifies as a conviction in immigration court.
In some cases, it is the fact of the conviction, without consideration of the sentence received, that determines the immigration consequences. For example, conviction for child abuse will cause a non-citizen immigrant to be deportable, regardless of the absence of a jail or prison sentence.
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Already entered a plea or sentenced
If you have already entered a plea still contact us. We will review your case to see if it is eligibile for a motion to vacate the plea, or a sentence modification. Even if your case was resolved with a trial rather than a plea, we have the ability to review the facts and the trial proceedings to ascertain whether there are any legal grounds for appeal or post conviction relief.
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Already in Removal Proceedings
If immigration removal proceedings have begun, still contact us. Depending on the facts of your, we may be able to pursue certain Immigration Waivers or Cancellation of Removal.
Contact us today for a review of your criminal case.
