People who are not United States citizens and are here in the country legally can be subject to deportation in the event that they are convicted of certain offenses. While most foreign nationals may understand this basic fact, many individuals that may be subject to deportation have significant misconceptions about the way in which criminal law and immigration law intersect. In fact, many criminal defense attorneys may be unclear about these connections as well, which makes it critical for both criminal defendants and lawyers representing defendants who may have immigration issues after a conviction to consult with an attorney familiar with the way in which a conviction may impact a person’s immigration status.

Below are some common misconceptions about deportable offenses. For more information regarding a particular offense or the deportation process, call our office today.

Minor, Non-Indictable Offenses Cannot Trigger Deportation

Many noncitizens are under the mistaken impression that minor offenses cannot result in deportation. In reality, immigration law does not distinguish between misdemeanors and felonies, but often looks to see whether a crime involved “moral turpitude.”  While this term is not clearly defined by U.S. immigration law, it tends to include offenses that involve dishonesty or deceit, such as theft, larceny, fraud, or those that include the intent to harm another individual. Importantly, the way that a criminal statute is worded is highly relevant to the analysis as to whether it is a crime of moral turpitude and there are often many ways in which an attorney can argue that a particular offense does not fall within the definition of the term.

A Guilty Plea that does not Result in a Conviction in State Court cannot Result in Deportation

Immigration law requires that a person be “convicted” of an offense in order to be deportable. For this reason, many people mistakenly believe that if they are offered a plea agreement that involves PTI, conditional discharge or conditional dismissal they cannot be subject to deportation proceedings. These agreements usually work by offering defendant probation in exchange for a guilty plea, during which the judge does not enter a final disposition of the case. If the defendant successfully completes the terms of probation, no conviction will be entered by the court.

While it may be the case that state law does not treat this scenario as a conviction, the same is not true for immigration law. So long as a defendant pleads guilty to an offense and a judge orders some form of punishment, immigration authorities will treat the case as resulting in a conviction. For this reason, it is important for any plea agreement offered to be fully reviewed by an experienced crimmigration attorney.

Hire a New Jersey Crimmigration Attorney Today

If you are a foreign national that has been accused of any type of crime, you should discuss your options with an experienced lawyer as soon as possible. In many cases, the assistance of a skilled crimmigration lawyer can help mitigate any potential immigration consequences that may occur and ensure that you are able to stay in the country. To schedule a consultation with Ronald P. Mondello, Esq., call our office today or send us an email through our online contact form.

When individuals who are noncitizens are accused of criminal misconduct while they are in the United States, the consequences could extend far beyond those that a U.S. citizen would face. Furthermore, when people who have been convicted of crimes in their home countries seek entry into the United States on a visa or through a green card application, the existence of a criminal record has the potential to cause complications that may even result in a determination of inadmissibility.

The relationship between a criminal conviction and immigration is fairly simple – certain types of criminal conduct may result in removal from the United States or an inability to enter. This is far from the entire story, however, and there are often many ways in which a lawyer can help people facing a criminal conviction or who have already been convicted of a crime avoid or mitigate immigration consequences. Some of the more common are detailed below. For specific advice regarding your case, call our office today.

Waivers of Inadmissibility

Individuals who are inadmissible to the U.S. and are seeking entry to the United States or an adjustment of status can often apply for a waiver of inadmissibility, which functions as “forgiveness” for past behavior. If a waiver is granted, the petitioner may proceed with an application for a visa or for permanent resident status. Whether or not a person with a criminal history is eligible for a waiver of inadmissibility is based on a number of factors, so it is highly advisable for anyone who believes that he or she may be eligible for such a waiver to discuss his or her specific circumstance with an experienced lawyer.

Negotiations of Plea Bargains that Avoid Deportation

Generally speaking, in order to be deported, a non-citizen must be convicted of a crime of moral turpitude, or other listed deportable offenses including drug possession, aggravated felony, or engage in conduct that poses a threat to the security of the United States. In many cases, criminal matters are resolved through a plea bargain in which a criminal defendant agrees to plead guilty to a particular offense in exchange for a significantly reduced sentence. Importantly, accepting a plea agreement and pleading guilty is considered a conviction under federal immigration law, even if the agreement involves deferred adjudication or sentencing. This means that even if the plea agreement does not result in a conviction under state law, it may under federal law. For this reason, it is critical for any plea agreement to be carefully negotiated to ensure that there is no risk that the criminal offense to which the defendant pleads guilty will trigger deportation or inadmissibility.

Contact a New Jersey Crimmigration Lawyer Today to Schedule a Case Evaluation

A criminal conviction can very easily have immigration consequences for foreign nationals who are residing within the United States. In addition, individuals who have had overseas convictions may experience difficulty gaining entry into the country because of their criminal record. Fortunately, in both cases, an experienced lawyer can often help. To schedule a consultation with New Jersey crimmigration attorney Ronald P. Mondello, call our office today or send us an email through our online contact form.