Immigration Consequences of Convictions
There are various reasons for alien removal under the Immigration and Nationality
Act (INA) of the United States. If an individual is convicted of a criminal
offense, this could constitute
removal. An alien who is notified of removal may or may not be entitled to a hearing
before an immigration judge.
An immigration law judge has the authority to grant relief and protection
from removal if they see fit. A
New York City immigration attorney from Musa-Obregon & Associates is able to represent aliens at these
proceedings so that they do not have to face deportation or other penalties
for their criminal conviction.
We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan,
Rockland County and Westchester County.
Crimes That Could Result in Deportation
According to the Department of Justice, convictions for the following criminal
offenses can trigger deportability:
- Crimes Involving Controlled Substances
- Crimes Involving Moral Turpitude
- Aggravated Felony Offenses
- Firearm / Explosive Device Convictions
- Treason and Related Offenses
- Domestic Violence, Stalking, Child Abuse & Related Offenses
- Failure to Register as a Sex Offender
- Violation of a Protective Order
- High Speed Flight from an Immigration Checkpoint
- Falsification of Documents
There are also crimes that, if committed, could label an alien as "inadmissible."
This means that the individual will not be allowed to enter or become
a citizen/permanent resident of the U.S. To learn more about the criminal
offenses that could trigger deportation, visit the
Department of Justice website.
Information About Removal Proceedings
Removal proceedings occur after the Department of Homeland Security (DHS)
files a charge that a particular alien has been convicted of a deportable
criminal offense. The individual will be notified of the removal proceeding
when they receive a Notice to Appear. This notice will also explain the
grounds for removal. These civil immigration proceedings are different
than criminal trials, but the alien still has a right to attorney representation.
The burden of proof lies with the alien and his or her lawyer to prove
that, beyond a doubt, they should be admitted to the U.S. and not removed.
After evaluating the facts of the case, the judge will make a decision.
Although the alien has the right to appeal this decision and ask for judicial
review, this does not guarantee a reversal of the judge's decision.
Cancellation of Removal
According to INA § 240A, some aliens convicted of deportable criminal
offenses may be able to qualify for cancellation of removal.
There are three basic qualifications for cancellation of removal:
- The individual has been a lawful permanent resident for at least five years;
- The individual has been a resident of the U.S. for seven consecutive years; and
- The individual has never been convicted of an aggravated felony offense.
If you were convicted and were notified of the possibility of deportation,
your New York City immigration lawyer could help you plead for a cancellation
of removal if you qualify. Similarly, there is also something called "adjustment
of status" which could also be effective in cancelling the removal
of an individual.
There are four qualifications for this type of cancellation:
- The individual has lived in the U.S. for at least ten consecutive years;
- The individual has displayed good moral character;
- The individual has not been convicted under § 212(a)(2) or (a)(3); and
- The individual is able to establish that removal would cause extreme hardship
to their spouse, parent or child who is a U.S. citizen or permanent resident.
New York City and Manhattan Immigration Lawyer
The NYC and Queens immigration attorneys at
Musa-Obregon & Associates can counsel you on the ramifications a criminal conviction might have.
Our team of lawyers understands U.S. immigration law as well as the options,
such as cancellation of removal, that may be available to you. We will
fight aggressively to protect your right to remain in this country.
To learn more,
contact our New York immigration firm today!