If you are not a United States citizen and have been charged with a crime, your immigration status could be at risk. Even a seemingly minor charge, such as shoplifting, could trigger removal proceedings if not handled properly. In some cases, criminal charges can result in deportation, complications in obtaining legal status, or complete inability to obtain legal status. For this reason, you must get legal help from an experienced deportation defense attorney as soon as you know you may be charged with a crime. Contact the Law Office of Eric M. Mark to learn more about the impact of criminal charges on Newark deportation cases.
According to the U.S. Immigration and Nationality Act (INA), certain crimes can lead to deportation, including those of moral turpitude and aggravated felonies. In many cases, these crimes include assault with intent to cause harm, theft, and fraud. Criminal charges in Newark that can lead to deportation also include drug possession (even small amounts), drug distribution, domestic violence, and driving under the influence.
It is not just a conviction that can lead to deportation. Sometimes, just being charged or pleading guilty in order to participate in a diversionary program such as Conditional Discharge or Pre-Trial Intervention is enough to initiate removal proceedings.
It is critical for immigrants facing criminal charges to work with a skilled Newark lawyer who understands immigration law and how criminal proceedings can affect deportation. For instance, a lawyer experienced in handling these situations understands that a plea deal may seem like a win in criminal court but can hurt the defendant’s immigration case.
If the defendant has already been convicted of a crime or has pleaded guilty, an attorney may focus on post-conviction relief options. For example, a lawyer could a petition for post-conviction relief, a motion to vacate a guilty plea, or an appeal. These are complex time-sensitive decisions that need to be made right away.
In the wake of criminal charges, there are several defense options a Newark attorney may choose from to avoid deportation proceedings. For instance, an attorney may apply for cancellation of removal, which is available to permanent residents or long-time undocumented residents. A lawyer may also argue for asylum or withholding of removal if returning the individual to their home country would put them in danger. It may be possible to adjust status or even re-adjust status with a hardship waiver.
Every case is different. The approach a lawyer takes depends on the specific charges, the individual’s history in the United States, family ties to the country, immigration status, and more. For example, a permanent resident with a 15-year work history and children living in the United States may have a better argument for cancellation than an individual who has never held a job and has no family ties to the country.
Early intervention can make a significant difference in your immigration case. Working with an attorney who understands Newark courts and ICE procedures is critical. In some cases, avoiding a conviction altogether can prevent removal proceedings from ever beginning. The best way to protect yourself is to seek legal guidance as soon as you are aware of the criminal charges.
Remember that criminal charges and immigration status are deeply connected. One mistake can lead to deportation. Get legal help immediately from a lawyer who handles immigration and criminal law. Contact our team today to learn more about your legal options.
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