Criminal Immigration Lawyer – Deportation Defense Attorney
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Being accused of a crime is always an extremely stressful experience. A criminal conviction can result in heavy fines, jail time, probation, as well as loss of your driver’s license, your reputation and your job. If you are not a citizen of the United States you may be subject to removal (deportation) proceedings.
Criminal defense for non-US citizens requires special attention and legal representation by a criminal defense attorney who is aware of immigration consequences. One of the most important developments in the law today is the convergence of criminal and immigration law or “crimmigration” law.
It is the nature of the offense and the context of conviction that affect immigration status. The two common categories of crimes that can impact your immigration status are Crimes Involving Moral Turpitude (CIMT) and aggravated felonies.
Post Conviction Relief in New Jersey
Lawful Permanent Residents that have been convicted of a serious crime are at risk of being deported from the United States and banned from ever coming back. Illegal immigrant and non-immigrant Visa holders may be precluded from ever getting a Green Card, and may be detained by the Immigration & Customs Enforcement (ICE) agents.
Under Federal immigration law, a crime is considered an “Aggravated Felony” if it involves fraud, intent to procure serious bodily injuries, possession of a weapon, or possession of a controlled substance, and the Court imposed a sentence of incarceration of 1 year or more. There is no waiver available for an immigrant convicted of an Aggravated Felony, and the exceptions to this rule are very limited.