Crimmigration Lawyer In San Jose
What You Should Know About Criminal Charges And Immigration
An arrest can put your right to live in the United States at risk. A conviction for certain crimes will lead to more than a possible prison sentence. As a foreign national, it could cost you the privilege of living in this country, and could even separate you from your family. Skilled legal counsel is necessary to give yourself every possible chance of avoiding removal and preserving your rights.
The Getachew & Ansari Immigration Attorneys, P.C., provides removal defense to residents of the Bay Area and Northern California. We pride ourselves on giving excellent, compassionate representation to people facing removal proceedings. Our San Jose crimmigration lawyers have more than 20 years of experience. In addition, we do not back down from a fight and will aggressively seek a solution that keeps you in the U.S. and holds your family together.
If you or a loved one are at risk of deportation because of a criminal conviction, call 408-292-7995 immediately. We will make sure you are treated fairly by USCIS and the immigration court.
The Immigration Law Consequences Of A Conviction
Apart from the criminal penalties, a conviction for an aggravated felony or “crime of moral turpitude” may lead to removal proceedings against a noncitizen. The list of crimes that can trigger a removal action range from homicide and drug trafficking to relatively minor crimes like failure to appear in court and perjury. USCIS has the discretion whether or not to pursue deportation of a noncitizen convicted of a crime. The agency considers several factors, such as the nature of the crime and the noncitizen’s immigration status.
If you are facing deportation due to a criminal conviction, we will stand with you. We will explain your options and aggressively pursue possible relief. Remember, the initiation of removal proceedings does not automatically mean you will be forced to leave the country. We explore all possibilities to help you.
When To Speak With A Crimmigration Lawyer In San Jose
If you or a family member are hoping to remain in the United States or obtain a green card or citizenship, avoiding criminal charges is essential. However, sometimes an immigrant can be accused of a crime and need the services of a San Jose crimmigration attorney. Without the help of a legal professional who specializes in this area, you or your loved one could face detention, removal, and loss of coveted immigration status.
Are you or someone in your family facing criminal charges or removal as an immigrant in the US? Call Getachew & Ansari Immigration Attorneys, P.C. today at 408-292-7995, or reach out online to schedule a consultation as soon as possible.
Committing Certain Crimes Can Result in Deportation and Inadmissibility
Immigration law is very strict in the United States. If you commit certain crimes, you may face serious consequences that can affect you and your family for the rest of your lives. Not only could you be detained or imprisoned, but you could also be deported back to your country of origin, or you could be refused future entry to the US (AKA inadmissibility). These crimes can include but not limited to the following categories:
- Drug offenses
- Firearms offenses
- Domestic violence
- Crimes of moral turpitude (AKA CIMT)
- Aggravated felonies
It doesn’t matter how far along you are in the immigration process, even if you are a lawful permanent resident (AKA green card holder) or on the path to American citizenship. Federal immigration authorities don’t care if you own a business, or how long you have been in the country. Your plans can be derailed by a single criminal charge, meaning you could be separated from your family forever. All your hard work to become a permanent resident or citizen in the US could be for nothing. You could even be denied asylum and returned to a country where your life is in danger.
Even Misdemeanors Can Be Labeled ‘Aggravated Felonies’
There is a lot of debate about what is considered an “aggravated felony,” which is more of a serious level of crime. You can be convicted of what seems like a minor crime in the eyes of the state, including misdemeanors, but it could be categorized as an aggravated felony by federal immigration laws.
This is why many immigrants elect to work with a crimmigration lawyer who understands the subtleties and complexity of these cases and can help them obtain the best possible result. Ideally, a good outcome would be reducing the charges and preventing removal. In some cases, it involves allowing immigrants previously deemed inadmissible back into the US through the waiver process.
Many Crimes Can Lead to Deportability by Federal Immigration Authorities
It’s important to understand the breadth of criminal charges that can be considered aggravated felonies by federal immigration authorities and result in an immigrant’s removal. The following crimes have been deemed deportable by the United States government:
- Tax evasion or fraud involving more than $10,000
- Theft or violent crime involving a sentence of one year or more
- Domestic violence
- Drug trafficking and distribution and federal drug trafficking
- Offenses involving firearms and destructive devices
- Prostitution
- Human trafficking
- Sexual assault, rape, and other sex crimes
- Sexual abuse, child molestation, child pornography offenses, and statutory rape
- Murder
- Kidnapping
- Alien smuggling
- Trafficking of vehicles involving a sentence of one year or more
- Counterfeiting and forgery
- Money laundering over $10,000
- Racketeering (RICO) and illegal gambling involving a sentence of one year or more
- Perjury, obstruction of justice, and bribery of witnesses
- Sabotage, treason, and spying
- Attempting or conspiring to commit an aggravated felony
Other crimes that may lead to felony charges include driving under the influence (DUI) of drugs or alcohol and probation violations.
Beware of the Consequences of Aggravated Felonies
Aggravated felonies can come with stiff penalties that may seem out of proportion to the crime committed. They include:
- Deportation without a removal hearing first
- Unreviewable detention after release from jail or prison
- Loss of asylum eligibility
- Loss of eligibility for cancellation of removal
- No voluntary departure allowed
- Loss of eligibility for waivers of inadmissibility
- No future admission to the United States permitted
Understand ICE Holds and Immigration Bonds
An immigrant charged with a crime may be held by ICE (Immigration and Customs Enforcement) until the disposition of their case is decided, such as whether or not they should be deported. In some cases, an immigration judge can decide to release the immigrant back into the community pending further legal decisions, if the judge believes the immigrant does not pose a danger to society or is not a flight risk.
In this case, a bond is posted, similar to those used with US citizens who are released on bail. Working with a crimmigration attorney who is experienced with ICE holds, criminal charges, and immigration is vital in instances like these to help secure the release of the immigrant, such as someone in your family.
A Crimmigration Lawyer in San Jose Can Help You or Your Family Member
The immigration system in the United States can be tough enough to handle even when there are no criminal charges involved. But when an immigrant has been charged with or convicted of a crime, it can be even more complicated. It’s crucial to retain the help of a crimmigration lawyer for the best possible outcome.
Getachew & Ansari Immigration Attorneys, P.C. can help you or a family member with:
- ICE holds and detention of immigrants
- Removal proceedings and deportation
- Loss of immigration status
- Inadmissibility to the United States
- Inability to extend immigration status
- Green card disqualification (lawful permanent resident status)
- Disqualification for US citizenship
- Provide criminal consequence expert letter to assist your criminal attorney with obtaining a plea that avoids deportability or removability
Contact Our San Jose Crimmigration Attorneys As Soon As Possible
Immigration matters are too serious to try to handle on your own. Our practice has a great track record of success working with many types of crimes. Don’t wait until it’s too late. Call the Getachew & Ansari Immigration Attorneys, P.C. today at 408-292-7995, or contact us online to set up an immediate consultation.