A lasting, sometimes unintended, legacy.
Clients want a practical understanding of how and when a criminal case affects their immigration status. What to do…and what not to do. We offer realistic, practical advice.
In 1996 Congress defined “conviction” for non-U.S. citizens.
It differs from the word’s ordinary meaning. A “conviction” may include a post-probation dismissal and other “second chance” dispositions. Ignorance of the definition and its application continues to haunt foreign nationals.
Immigration penalties are conviction-specific.
The impact may occur upon arrest, or not until weeks, months or years later. The particular conviction will determine whether the government tries to impose one or more of these consequences:
- Imprisonment without bond
- 10-year or permanent U.S. exile
- Loss of green card
- Denial of visa or U.S. citizenship
- Inability to re-enter the U.S. after traveling abroad
Crimes that trigger immigration consequences.
Specific crimes affecting non-citizens are numerous. They fall under these broad categories:
- Crime Involving Moral Turpitude
- Aggravated Felony
- Domestic Violence
- Controlled Substance
Current criminal cases.
We work with our clients or with their criminal defense attorney to best protect the client’s immigration rights.
Past criminal cases.
We have helped clients undo a past guilty plea entered without advice, or with misadvice, about its immigration consequences. Before undertaking such fact-specific litigation, we evaluate the charged and convicted offenses, alternative pleas, and the effectiveness of the past representation.
Please contact us – we may be able to help.