If you are not a U.S. citizen, when you are arrested for a crime, one of your primary concerns may be whether a conviction will result in your deportation. Your deportation for a criminal conviction will depend on your immigration status and on the type of crime for which you have been convicted.
If you are an immigrant and have been arrested for a crime, it is imperative that you speak to a knowledgeable criminal defense attorney with experience representing non-citizen defendants to better understand your potential risks of deportation in the event of a conviction in your case.
Being Charged with a Crime While Undocumented
It’s important to know that an arrest does not automatically mean you will be deported; Immigration and Customs Enforcement has discretion to decline to remove you from the U.S. following your arrest. This does not mean you are being granted lawful presence or status, and ICE may bring you back into immigration court for removal proceedings at any time.
If you fear racial, religious, political, or social group persecution if you are returned to your home country, you may choose to apply for asylum in the U.S. However, a conviction for certain kinds of offenses, especially violent crimes or aggravated felonies, will render you ineligible for asylum.
Being Charged with a Crime If You Have a Visa or Permanent Residency
If you have lawful status in the U.S. pursuant to a visa or temporary or permanent lawful permanent residency (green card), you may be deported from the U.S. only if you are convicted of one of the statutorily listed offenses for removability. These crimes include aggravated felonies, firearms-related offenses, drug crimes, domestic violence crimes, failure to register as a sex offender, espionage, treason, and crimes involving moral turpitude.
Immigration law defines a “crime involving moral turpitude” as any offense that egregiously violates community standards or shocks the public conscience. Crimes that have been held by courts to involve “moral turpitude” include homicide, robbery, and rape. Generally speaking, crimes involving some element of dishonesty are typically held to be crimes involving moral turpitude, such as theft, bribery, forgery, or perjury. You may be deported if you have committed one crime of moral turpitude within five years of being admitted to the U.S., or at any time if you have committed two or more crimes of moral turpitude.
Consult with a Lawyer about Your Immigration Status
If you are an immigrant who has been arrested and/or charged with a crime, you will need the services of an attorney to protect your rights both in criminal court and in immigration court. Our criminal defense attorneys have extensive experience representing immigrants charged with crimes and can advise you as to the consequences that your arrest or conviction may have on your immigration status and removability.
Contact an Experienced Scotch Plains Criminal Defense Lawyer About Your Charges in New Jersey
Were you arrested or charged in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC have successfully represented clients charged in Edison, Woodbridge, Old Bridge, Piscataway, and throughout New Jersey. Call (908) 325-5571 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 1827 East 2nd Street, Scotch Plains, NJ 07076, as well as offices located in Westfield, Newark, East Brunswick, Clifton, Cherry Hill, and Elizabeth.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.