When confronted with criminal charges, many immigrants experience confusion and anxiety. Their legal standing in the US may be in jeopardy due to these accusations. Serious immigration repercussions might result from even minor convictions.
Therefore, finding the correct legal counsel is essential. Your immigration rights can be protected by a knowledgeable criminal immigration attorney.
In this article, we have provided information about criminal immigration attorneys, their roles, and what to look out for when choosing one to represent you.
Who is a Criminal Immigration Attorney?
A criminal immigration attorney is one of the professions in the legal field. A criminal immigration attorney is a licensed lawyer whose role is to handle immigration cases involving convictions, past arrests, denial of naturalization, inadmissibility, and criminal charges. He or she also specializes in helping non-citizens with criminal cases.
Moreso, they represent and protect their clients’ rights in criminal courts and also guide them on how to reduce criminal charges on a green card or visa.
Roles of a Criminal Immigration Attorney
Examine the Immigration Repercussions and Criminal Charges.
Your charges and their effects on your visa or green card status are reviewed by a criminal immigration lawyer. Then, as they negotiate or defend the criminal case, they plan ways to reduce the fear of deportation.
Keep immigration in mind while negotiating plea deals.
If done incorrectly, a plea bargain can nonetheless hurt your immigration case even though it may lessen criminal punishment. Attorneys in this area seek solutions that will best safeguard your interests.
Work together with other professionals.
Interpreters or forensic experts may occasionally be required to elucidate evidence. These experts work together with knowledgeable lawyers to craft an engaging narrative on your behalf.
Assist you during court proceedings.
Your lawyer makes sure you comprehend every step of the process, including any potential hazards, from arraignment to sentencing or trial. They offer arguments and supporting documentation intended to protect your right to stay in the country as well as your criminal defence.
File applications and paperwork related to immigration.
Attorneys frequently draft necessary paperwork, such as waivers or requests for relief, when clients are facing deportation. Ensuring these are timely and precise can be crucial in persuading immigration courts to grant you a stay.
When Is a Criminal Immigration Lawyer Necessary?
If a criminal charge or conviction puts your immigration status in jeopardy, you may require a criminal immigration lawyer. Criminal and immigration law frequently overlap, and non-citizens may face severe repercussions for even minor infractions. Employing a criminal immigration lawyer is highly advised in the following typical circumstances:
1. Convictions or Arrests When using a Green Card or Visa
Living in the United States on a visa or green card may put your status in jeopardy if you are arrested or convicted. Detention, removal procedures, or the loss of future immigration benefits are all possible outcomes of certain crimes.
2. Implications of Criminal Charges for Immigration
Deportation or inadmissibility may follow certain criminal convictions, particularly those categorized as “crimes of moral turpitude” or serious felonies. You can investigate your legal choices and learn about the hazards with the assistance of a criminal immigration lawyer.
3. Status Adjustment Following a Criminal Conviction
You will want legal advice if you wish to apply for a green card or modify your immigration status and have a criminal record. Finding out if you qualify and whether a waiver or other legal remedy is available can be aided by an attorney.
Difference Between An Immigration Attorney and a Criminal Immigration Attorney
While a criminal immigration attorney focuses on the intersection of criminal law and immigration law, specifically the immigration ramifications of criminal activity, an immigration attorney handles a variety of immigration matters, such as visa applications, green card applications, citizenship, and deportation defense.
What to Look Out for When Choosing a Criminal Immigration Attorney
It’s important you check out the following when choosing or selecting a criminal immigration attorney to represent you.
1. Vased Experience in Both Criminal and Immigration Law
When choosing a criminal immigration lawyer, one of the qualities to look for is criminal and immigration law knowledge. The lawyer must have a strong background in criminal defense (e.g., DUIs, drug offenses, assault) and a full knowledge of how convictions impact immigration status.
He or she must have deep knowledge of immigration consequences (e.g., deportation risks, inadmissibility, waivers, and post-conviction relief).
2. Have Proper Licensure and Bar Standing
Another thing to check is whether he or she has a license to practice law in the relevant state(s). He must also be a member of AILA (American Immigration Lawyers Association) with no history of disciplinary actions.
3. Strong Track Record in Deportation & Criminal-Related Immigration Cases
Also consider his or her track record. How successful is he in his career, and how many cases has he won? The attorney should have experience with bond hearings, cancellation of removal, and asylum claims for noncitizens with criminal records.
4. Good Communication Skills
A criminal immigration attorney must also have good communication skills. Responsive to client concerns (language accessibility if needed).
What are the Services A Criminal Immigration Attorney offers?
The intersection of criminal law and immigration law is the area of expertise for a criminal immigration attorney (also known as a crimmigration attorney).
For non-citizens who are facing criminal charges or deportation because of prior convictions, their assistance is essential. Below is a summary of their main offerings:
1. Legal Advice & Case Evaluation
One of the major services a criminal immigration attorney offers is legal advice and case evaluation. He or she evaluates the potential effects of criminal accusations or convictions on immigration status.
And also give advice on the possibility of deportation, inadmissibility, or loss of eligibility for relief as a result of a plea agreement, conviction, or term.
2. Considering Immigration Consequences in Criminal Defense
Among the services of a criminal immigration attorney is developing defence tactics (such as contesting accusations of serious felonies or offenses involving moral turpitude) to prevent convictions that result in deportation. They also focus on negotiating other plea agreements, such as lowering a narcotics offense to prevent mandatory deportation.
3. Representation in Immigration Court to prevent deportation (removal proceedings):
They do removal cancellation (for certain non-LPRs or lawful permanent residents). If a criminal record does not disqualify the petitioner, they may be granted asylum or have their removal withheld.
4. Making Appeals and Waivers
Requesting waivers (such as I-212 for reentry following deportation and I-601A for unlawful presence) is another service a criminal immigration attorney offers. Appealing deportation decrees or applications that have been rejected is another common service offered.
5. Negotiating Plea Bargains to Reduce Immigration Repercussions
Advising customers to refrain from entering guilty pleas that could result in their deportation or inadmissibility.
FAQs
- Who is a Criminal Immigration Attorney?
Ans: A criminal immigration attorney is a licensed lawyer whose role is to handle immigration cases involving convictions, past arrests, denial of naturalization, inadmissibility, and criminal charges.
2. What is the Difference Between an Immigration Attorney and a Criminal Immigration Attorney?
While a criminal immigration attorney focuses on the intersection of criminal law and immigration law, specifically the immigration ramifications of criminal activity, an immigration attorney handles a variety of immigration matters, such as visa applications, green card applications, citizenship, and deportation defense.
Conclusion
When these two areas of law collide, a criminal immigration lawyer is essential to defending both your immigration status and legal rights. Having an experienced lawyer on your side can make all the difference, whether you’re applying for a visa or a green card or are in danger of being deported because of a criminal past. Seeking legal assistance as soon as feasible is crucial if you or a loved one is facing criminal charges and is not a citizen of the United States. Moving swiftly allows your lawyer to formulate a solid plan and steer clear of choices that can have major immigration repercussions.
