Most immigrants are well aware that any criminal charges can put them at risk of being deported; however, this doesn’t always have to be the outcome. Defending against deportation due to criminal charges is a possibility if you take the correct legal steps and have the representation of a criminal defense immigration lawyer in California.

At The Berdugo Law Firm, APC, we are dedicated to providing our clients with the legal representation they need as they navigate removal proceedings after a criminal arrest or conviction. Keep reading to find out how you can start fighting deportation with criminal charges.

Criminal Charges and Removal Proceedings

It is important to understand the different things that could lead to your being deported if you are an immigrant in the United States. Although it is common for criminal charges to lead to deportation, not all criminal charges will result in this outcome.

Here is a breakdown of the different types of crimes that could negatively impact you as an immigrant.

Crimes Of Moral Turpitude

Any crime of moral turpitude can result in deportation; however, the U.S. immigration law does not have a specific definition for this type of crime. Generally speaking, moral turpitude refers to any crime that is shocking or dishonest in nature.

So, crimes of moral turpitude could include things like murder, rape, child abuse, terrorist threats, arson, perjury, embezzlement, fraud, or theft.

Aggravated Felonies

The most common criminal charges that result in removal proceedings for immigrants are aggravated felonies. Aggravated felonies are serious crimes that are listed in the U.S. Immigration and Nationality Act and can result in deportation. These charges include:

• Murder
• Rape
• Child pornography
• Espionage
• Kidnapping
• Sexual abuse of a minor
• Bribery
• Drug trafficking
• Human trafficking
• Tax evasion over $10,000
• Money laundering over $10,000
• Felony document fraud
• Felony gambling offenses
• Prostitution
• Felony counterfeiting
• Felony racketeering
• Firearm or explosive trafficking
• Receipt of stolen property

Drug Crimes

No matter the degree, drug offenses commonly lead to deportation as they are taken very seriously in Los Angeles. Drug offenses can include things like manufacturing and trafficking drugs, as well as the possession of any illegal drug or substance, or being under the influence.

Domestic Violence

It is also possible to be deported for any crimes related to domestic violence, such as:

• Stalking
• Violation of a protection order
• Child abuse
• Child neglect or abandonment
• Violence against a relative, someone you live with, or an ex-spouse

Keep in mind that this is strongly dependent on the degree of domestic violence and whether or not this is a repeat offense.

How Does the Removal Process Work?

If you have been involved in any criminal activity, you need to be aware of how this could impact your immigration status in the United States. If these crimes have resulted in removal proceedings, you will first receive a Notice to Appear, also known as an NTA. A notice to appear is a removal hearing where your case will be discussed, and you will have the option of providing your side of the story.

It is essential that you are proactive and seek the assistance of a criminal defense immigration lawyer in California to represent you and help you prepare for your removal hearing. During the hearing, an immigration judge will determine if removal or deportation is the right course of action.

If you and your attorney need more time to prepare your defense strategy, you can request extra time and a new court date at the hearing.

Understanding Your Legal Options

Depending on your situation and the criminal charges, you have several options that can help you avoid deportation. But, to avoid the immigration consequences of criminal charges, you should first seek out a crimmigration defense lawyer. Legal representation will be essential for choosing the right immigration option so that you have the best chance of remaining in the U.S.

Here are some options you have for fighting deportation with a criminal conviction:

• You can apply for a family visa if you have a parent, child, or spouse who is a legal citizen of the United States.
• Your attorney can request prosecutorial discretion if you have no previous criminal record.
• You can request cancellation of removal if you can prove that a family member will suffer extreme hardship if you are deported.
• You may qualify as an asylum seeker if you have suffered or fear persecution in your home country based on religion, race, political opinion, ethnicity, or membership in a particular group.
• You can apply for withholding of removal as a way of temporarily remaining in the United States.

It is especially important to hire an immigration lawyer for criminal convictions if you believe that you were wrongfully convicted. In this case, your attorney will represent you and create a defense strategy to prove your innocence and eliminate the risk of deportation.

FAQ Section

What if my charges are dropped or expunged—can I still be removed?

It may be less likely that you will be deported if your charges have been dropped or expunged, but deportation or the initiation of deportation proceedings may still be a risk.

Can I get a green card if I have a criminal record?

Yes. However, the nature ofthe arrest or charge or conviction will play a key role in determining eligibility as well as whether you qualify for a discretionary approval of residency. Discretion in the immigration context simply means that you have to prove you deserve to receive a green card based on all of your positive factors.

Contact an Immigration Attorney at The Berdugo Law Firm

Fighting deportation with criminal charges can feel overwhelming, but there are several legal options available to you. A deportation defense attorney in Los Angeles can help you evaluate what your legal options are to improve your chances of being able to remain in the United States.At The Berdugo Law Firm, we are committed to providing our clients with the guidance they need as they seek cancellation of removal in Los Angeles. Contact us today at 323-642-9933 to speak with an immigration attorney about your case.