If you violate U.S. immigration laws, being deported is the strongest possible punishment you can receive. Even a small conviction that happened several years ago can lead to deportation. If you’re convicted, the immigration consequences may be more harsh than the criminal consequences you face.
Common Crimes that Lead to Deportation
There are a number of crimes that could result in deportation. Some of the most common ones are as follows:
• Possession or sale of drugs
• Theft, including robbery or burglary
• Sex offenses, which can include endangering a child’s welfare or abuse of a minor
• Aggravated felonies, such as drug trafficking, rape or murder
• Fraud, such as credit card, passport or visa fraud
• Moral turpitude crimes, such as petit larceny
• Possession of weapons or firearms
• Domestic violence or stalking
If you’ve been convicted of one of these crimes, or even any other type of crime not on this list, it’s best to speak with an immigration lawyer right away. Even if the conviction was a violation or misdemeanor, it could still have an impact on your immigration status and whether or not you’re allowed to stay in the United States.
Deportation and Removal Relief
It’s possible that you’re eligible for some sort of relief from deportation or removal. Your immigration lawyer will be able to advise you in the case that there’s something that may start removal proceedings or if you’ve already been given a Notice to Appear, which means proceedings have begun. By speaking with an experienced attorney before removal proceedings begin, you’ll get a clear idea of what your options are and how you may be able to help your family. A lawyer will be able to present your case in the best light possible.
The specifics of your case will determine whether or not you’re eligible for relief, and what type of relief you qualify for. Relief types include the following:
• Cancellation of removal or deportation, whether or not you have a green card
• Deportation suspension, though this is rare
• Voluntarily departing the U.S.
• Change in status
• Protection from Article 3 of the UN Convention Against Torture, which includes asylum
Winning a Deportation Case
Being eligible for relief from deportation does not automatically mean you will win your case. Nobody can promise you that you will absolutely win your case. However, an experienced Long Island immigration lawyer can present your case as best as possible to give you a better chance of winning.
When deciding whether or not you should be allowed to stay in the United States, an immigration judge will consider a number of factors. Some of these factors include:
• How long you’ve been living in the U.S. The longer you’ve been in the U.S., the better your chances of being allowed to stay.
• The members of your immediate family who are either a U.S. citizen or the holder of a green. The more citizen or green card holders in your family, the better, because this means you’re established in the U.S.
• Employment history. If you’ve been working, this makes you less of a liability.
• How involved you are in the community, including your church, volunteering and job.
• Your history of violating immigration laws or criminal laws.
• Tax payment history.
When it comes to tax payment history, it’s important to understand that it’s in your best interest to pay taxes whether or not you live in the United States legally. If you don’t have and are not able to get a social security number, you should have an Individual Taxpayer Identification Number from the IRS so that you can pay taxes.
When you lead guilty, United States Immigration and Customs Enforcement is able to start the process of removing you from the country, and they will decide if you’re given any relief from deportation. You should never plead guilty before speaking with an experienced deportation lawyer.
If you aren’t a U.S. citizen and are worried about deportation, contact an experienced attorney today, before you agree to a plea deal or pleading guilty. If you need help with criminal deportation law, contact the Spodek Law Group today.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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