| Criminal
Offenses
A non-citizen, when convicted of a crime, whether by pleading
guilty or after a trial, and whether or not the judge or jury
was actually wrong, is at serious risk to be deported. If you
accept the verdict of the court, and do not overturn it on appeal
or through post-conviction proceedings, the verdict is conclusive
of your guilt for immigration purposes.
A note on an Immigration "Holds": The Department
of Homeland Security has no right to place a "hold" on
a person who has not yet been convicted of an offense; therefore,
if someone is arrested, and given a bond for release from the local
authorities, but is not released because of a "hold",
it may be lifted in a majority of circumstances. Please contact
us if you would like us to review your case.
Call Us at (773) 463-1601 to Have Your
Case
Professionally Reviewed
In other words, you are not given the opportunity to "explain
away" a criminal conviction in the immigration court. Further,
if you decide later that you wish to contest the verdict after
your statutory time periods have expired for appeal and post-conviction
proceedings, you will have an extraordinary burden to convince
the criminal court to open your case. In some instances,
however, it may be possible to do so where warnings were not given
by the judge or the lawyer concerning the immigration consequences
of a plea of guilty, for instance.
Whether or not you will actually be deported depends upon a number
of factors and the unique circumstances of your case. Therefore,
you, or a family member on your behalf, ought to consult with
us to review your case carefully. We will be able to determine
what your chances are to avoid a removal order and to evaluate
other available options. Your options depend upon the exact offense
you were convicted of, when you were convicted, how long you have
been a Legal Permanent Resident (or green card holder) if, in
fact, you are a green card holder. In some instances you may be
eligible for a waiver under Cancellation of Removal or 212(c).
In connection with waivers, they are generally available to those
who have a number of dependent family members.
A note on Domestic Violence Convictions: Be advised
that any conviction for this type of offense, i.e., battery against
a family member, or someone you live with, even though it is a
misdemeanor, and may not result in jail time, can be the sole
basis of removal. You should not, in almost any instance, plea
guilty to this type of offense if you are not a citizen.
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