Do you think having a criminal record ends your chance of seeking asylum in the United States? With all the different government changes going on, with the Trump administration and others, it’s hard to know.
THINK AGAIN
We’re here to tell you there are options. It’s complex. It’s stressful. But it’s not impossible. We can help you.
WHY YOUR CRIMINAL HISTORY MATTERS
Under 8 U.S. Code § 1158 (the statute governing asylum), having certain criminal convictions can potentially bar you from asylum. Specifically, if you’re convicted of a particularly serious crime, or deemed a danger to the community, you might be disqualified immediately. Federal law also restricts asylum for those with aggravated felony convictions as defined in 8 U.S. Code § 1101(a)(43).
Still, you should not assume that any criminal record means your case is lost and gone. We know the ways around it. We know the exemptions. We know the defenses that can turn things around. All it takes is one phone call with our team of expert attorneys.
REGARDLESS OF THE CRIME
REGARDLESS OF THE PAST
REGARDLESS OF YOUR FEARS
You might still have a pathway to protection. But you have to call and schedule a consultation first.
WHAT PENALTIES OR BARS APPLY?
Criminal convictions can lead to:
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- Mandatory Detention: If the Department of Homeland Security (DHS) decides the offense is serious, you could be held in custody while your case is pending.
- Asylum Bars: Convictions for “particularly serious crimes” (often felonies and certain violent offenses) can disqualify you from standard asylum, and all that the USA offers.
- Increased Burden of Proof: Even if it is not automatically disqualifying, convictions can prompt the government to argue you are a danger to the community. This can mean you are deported.
PRO TIP: Keep in mind that even if you are barred from asylum, you might still qualify for withholding of removal or protection under the Convention Against Torture (CAT).
WE UNDERSTAND THE STAKES FOR YOU AND YOUR FAMILY
When your freedom is on the line, you need a dedicated team to help you and protect you. We are NYC Criminal Attorneys who also understand asylum law. We handle both immigration and criminal nuances and can help you navigate this important intersection between the two different practice areas:
- If ICE has flagged you for removal, we can challenge the classification of your convictions.
- If your criminal attorney never explored immigration-safe pleas, we can revisit and mitigate the impact of certain charges.
HOW WE BUILD YOUR DEFENSE
We fight.
We negotiate.
We protect.
Below are a few strategies we might explore to help you:
- Challenge the Seriousness of the Crime: Not every conviction automatically rises to the level of being to “particularly serious.” We highlight mitigating factors to show the judge why your offense does not bar asylum.
- Argue Rehabilitation: Document your personal growth, post-offense conduct, and community ties. Letters from employers, clergy, and family can weigh heavily in your favor.
- Prove the Threat of Persecution: Even if you have a criminal record, if you face life-threatening harm back home, we present thorough evidence and country condition reports to underscore your fear of return.
- Explore Alternative Relief: If standard asylum is blocked, we vigorously pursue withholding of removal or CAT protection, which can offer a safety net even with a checkered past.
EXAMPLE
Anna, from South America, was convicted of a minor theft offense. She assumed asylum was off the table. Through detailed documentation and strong testimony, she successfully avoided deportation and secured a path to lawful status.
AS SEEN ON
Major media outlets frequently consult seasoned immigration and criminal defense attorneys for their expertise on complex asylum cases involving criminal convictions. We want you to know:
YOU HAVE A TEAM
A team that understands the pressure of what you’re going through. A team that understands New York courts. A team that won’t let you walk this path alone.
EXPERIENCED
DEDICATED
AVAILABLE 24/7
We get it. We know your future and your family’s future depend on this. We’ll stand by your side from day one-forming a strategy that addresses both the criminal and immigration dimensions of your case.
COMMON CRIMES AND PUNISHMENTS IN NEW YORK
- Drug Offenses
Possession or sale can range from misdemeanors to felonies. If you’re convicted, it could trigger removal proceedings. - Theft and Larceny
Penalties vary based on the value stolen. Felony theft can be a “crime involving moral turpitude,” impacting asylum eligibility. - Assault and Battery
Violent felonies may be classified as “particularly serious,” barring you from asylum. This is something which can be handled by re-opening the felony, and having it classified as a misdemeanor. - DUI/DWI
Typically not an automatic bar to asylum, but multiple convictions or DUIs with aggravating factors can complicate your case and make a judge more likely to request your deportation.
WHAT HAPPENS NEXT?
STEP ONE: You contact us for a free consultation.
STEP TWO: We review your criminal history and immigration background with a fine-toothed comb.
STEP THREE: We develop a legal strategy-maybe seeking post-conviction relief, maybe focusing on asylum arguments.
STEP FOUR: We fight for your right to remain in the U.S.
If you don’t act swiftly, you risk missing crucial filing deadlines, or losing the chance to vacate or reduce your criminal record.
READY TO FIGHT FOR YOUR FUTURE?
We can’t promise miracles, but we can promise a strong commitment to your cause. Immigration law is complex, especially with a criminal record. Let us be your trusted ally, guiding you every step of the way. Our team has experience dealing with both types of legal areas.
CONTACT US TODAY
We are here 24/7 to discuss your asylum and criminal defense options. Whether you’re in detention, out on bond, or just worried about a past offense coming back to haunt you-call now. We are available 24/7 to help you through this legal problem you’re facing.
Remember: An old conviction doesn’t have to define your entire immigration journey. If you work with Spodek Law Group P.C., we can help you. Sometimes it might mean overturning an older case, regardless of the approach we can help you.