Remaining in the United States as a non-citizen is not something that should be taken lightly. Your status in this country is something that is always subject to review, and it could change at any moment. Specifically, you could lose the right to be in the country if you have been convicted of certain crimes. If you are a non-citizen, and you have been charged with a crime, there are far more consequences at stake than just jail time. You may face possible deportation from this country, making it even more crucial to hire a criminal defense lawyer for your case. Contact the experienced criminal defense lawyers at Hogan Eickhoff for vigorous legal representation.
You May Be Subject to Deportation for Certain Criminal Convictions
Anyone who is not a United States citizen may be subject to deportation upon a criminal conviction. It does not matter whether you are an undocumented immigrant, a visa holder under a number of special categories, or a lawful permanent resident.
There are a broad range of criminal offenses that could make an immigrant deportable from the United States. Once you have been convicted of a crime, you can expect further scrutiny from the U.S. Immigration and Customs Enforcement. The local prosecutor would likely forward your case to them for further review. You may expect to hear more from them once they have had the chance to review your case.
The category of criminal offenses that could lead to deportation may include:
- Assault
- Spousal abuse
- Drug crimes
- Robbery
- Crimes of moral turpitude
Crimes of Moral Turpitude Is a Very Broad Category
The category of crimes of moral turpitude may be far broader than you think. Essentially, this category involves criminal offenses that involve some type of dishonesty or lack of a moral compass. There is no exact legal definition of this term in U.S. law. Instead, it is subject to interpretation by ICE and the court system. Broadly speaking, this category would include criminal offenses where there is an “intent to harm persons or things.” Of course, if you are convicted of any type of theft or fraud, it would certainly fall under this category and possibly lead to deportation. You always have the ability to argue that the crime that you were convicted of is not one that involves moral turpitude, but it could be an uphill battle to persuade an immigration judge of that fact when ICE is trying to remove you from the country.
Some crimes that you may not think involve moral turpitude could subject you to deportation. For example, convictions for operating a motor vehicle while under the influence are often treated as crimes of moral turpitude even though you did not have an intent to harm anyone. Here, the poor judgment involved in getting behind the wheel while intoxicated could be enough to lead to removal. Much is up to ICE and the immigration courts after reviewing your own situation and the circumstances behind your conviction. Any criminal offense that involves the use of violence could also be considered a crime of moral turpitude.
You Can Challenge Any Order of Removal in Court
If you have status as a lawful permanent resident, you are entitled to due process and your day in court. There are various ways that you can fight a potential deportation. The first involves seeking a waiver that would allow you to remain in the country. Here, you would have to demonstrate that your deportation would cause extreme hardship to a family member, such as a spouse, parent or child. An immigration judge has the discretion to grant your waiver, and they would do it on a case-by-case basis.
You may also fight any possible deportation in immigration court. An immigration judge would determine whether to uphold any potential removal action. If the immigration judge does not rule in your favor, you would have to file a further challenge with the Board of immigration Appeals. If you are still unsuccessful, you may be able to ask a federal circuit court of appeals to take up your case.
Depending on your potential situation in the country where you would be deported, you may be able to apply for asylum or an adjustment of your status. Here, you may be able to qualify for asylum if you have already suffered from persecution in your home country, or you fear that you would be subjected to it should you be forced to return.
Get Help from a Criminal Defense Lawyer Before You Make Any Decisions
Before you plead guilty to any criminal charges, you need to consider the bigger picture. The prosecutor may offer you a quick plea bargain that would enable you to stay out of jail, which you may be tempted to accept. However, a plea bargain would result in a criminal conviction and a referral to ICE. Even though you may not be sentenced to jail, you may still be subject to deportation.
It is crucial that you contact a criminal defense attorney right after you have been charged with any crime. You need to understand the full ramifications of what you are facing, including any threats to your status as a resident of the United States. A criminal defense attorney could help determine whether you have any possible defenses to the criminal charges against you, or they could negotiate a plea bargain down to a lesser offense that may not subject you to removal.
Contact an Appleton Criminal Defense Attorney Today
If you are a non-citizen, and you find yourself in the criminal justice system, you need immediate legal representation. Reach out to the experienced criminal defense lawyers at Hogan Eickhoff to begin working on your case. Our lawyers take a bigger picture view of your case, knowing the potential stakes that are involved. You can schedule a free initial consultation with one of our lawyers by calling us today at (920) 450-9800 or by contacting us online.