If you are a noncitizen, an arrest or criminal charge can be a very serious problem. Criminal convictions can result:
- Significant fines
- Jail time
- Loss of your green card, temporary work visa and driver’s license
- Deportation and/or removal from the United States
You need an experienced criminal lawyer like Michael J. Diamonstein who can both defend you against the prosecutor’s criminal charges AND protect you from the separate risk of deportation. Call us at 215-940-2700 to discuss how your criminal case can interfere with your residence or immigration status and how we can help.
Philadelphia Criminal Immigration Lawyer
We advise immigrants and their families about the consequences that criminal charges can have on their ability to stay in the United States. The criminal charges you are facing, your prior criminal history, and your current immigration status will all determine your risk of being deported.
The most common crimes that can lead to deportation are:
- Drug offenses (possession or sale)
- Sex offenses (including convictions for sexual abuse of a minor or endangering the welfare of a child)
- Fraud convictions (including credit card fraud and visa or passport fraud)
- Theft offenses (including burglary and robbery)
- Aggravated felonies (including murder, rape, and drug trafficking)
- Crimes involving moral turpitude (including petit larceny)
- Domestic violence (including stalking)
- Weapons possession
A noncitizen deported because of a conviction for these crimes is permanently barred from re-entering the US and can be sentenced to a maximum of 20 years in prison if he or she re-enters illegally.
A noncitizen in jail on criminal charges is also at risk for detainer by the US Immigration and Customs Enforcement (ICE). Even if we successfully obtain bail for your criminal charges, you can be sent to an ICE detention facility while ICE officials consider removing you from the US.
Factors Considered in Deportation Proceeding
Immigration judges consider many things when deciding whether or not to grant a deportation waiver, including:
- How long you’ve lived in the US with or without a green card
- Who in your immediate family is a US citizen or a green card holder
- Your employment and tax payment history
- Nature and extent of your community involvement
- Nature and extent of your immigration law violations
- Criminal history and your rehabilitation from any convictions
- Hardships your US citizen and permanent resident family members will suffer if you are deported
If the positive factors outweigh the negative factors, there’s a good chance that an immigration judge will grant a deportation waiver, but an important first step is retaining an experienced lawyer to analyze your case and present your best arguments in court.
Protect Yourself from Deportation with an Aggressive Defense
It is crucial that you retain criminal defense counsel with experience in immigration enforcement promptly after an arrest. We will immediately determine the best defense strategy for your criminal charges and immigration issues—and how our efforts need to be carefully coordinated between both proceedings. Certain events in your criminal case—like the payment of bond—can adversely affect your immigration status.
Contact Michael J. Diamondstein, P.C.
The firm offers a free initial consultation to discuss your case. Contact the firm online or call 215-940-2700.