Criminal convictions are a primary basis for deportation or denial of immigration benefits, like greencards, visas, and naturalization. A criminal conviction can have devastating consequences on your immigration options. Some convictions may result in deportation. Some may not. Immigration is controlled by federal law. Most convictions are based on state…
The Immigration and Nationality Act (INA) §237(a)(2)(E)(i) makes a non – U.S. citizen deportable if he or she is convicted of a crime of domestic violence, stalking, child abuse, child neglect, or child abandonment. Immigration attorneys often litigate whether a state conviction can be the basis for a federal deportation. The…
The Eleventh Circuit Court of Appeals has recently ruled that a conviction for Domestic Battery by Strangulation is categorically a crime of violence. This means that any non-U.S. citizen who is sentenced to 1 year or more on a Florida Domestic Battery by Strangulation would be convicted of an “Aggravated…
Consider this: You are a Lawful Permanent Resident who has lived in the United States for nearly your entire life. You have always been in the United States legally. One day, you get arrested for a crime you did not commit. Or maybe you did violate the law, but it…
Violation of an Injunction for Protection is a landmine for non citizens. If you, or a loved one, is not a United States citizen and have been served with an injunction or charged with violating an injunction, call an experienced immigration attorney for a consultation. Here’s why: The Immigration and…
Typically, if the government is going to institute deportation proceedings on the basis of a criminal charge, there must be a conviction. In immigration court, the term “conviction” is interpreted very loosely. For example, in the State of Florida, if a person receives a “withhold of adjudication,” they are technically…
Any criminal arrest or conviction will have some negative consequence for a non-citizen. Whether it is prolonged delay at the border while Custom and Border Protection (CBP) agents ask you questions, whether you are denied a bond in immigration court, whether you are denied the right to become a United…
Deferred Action for Childhood Arrivals (“DACA”) has been a saving grace for countless people who have no other form of relief from deportation. DACA is available to people who came into the United States without “admission,” when they were children. In its simplest form, it is a declaration by the…
Criminal defense lawyers don’t typically know anything about immigration law. Immigration law is federal. Most criminal defense attorneys practice only state law in state courts. Even if they do practice in federal criminal courtrooms, it is a completely different area of law from immigration. Asking a criminal lawyer about immigration…
Just like American citizens, sometimes immigrants find themselves on the wrong side of law. Whether its a DUI or possession of a small amount of marijuana, even the most minor criminal offense can have devastatingly negative immigration consequences for non-citizens. Can a lawful permanent resident be deported for a DUI?…