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Criminal Immigration
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Trusted Defense Attorney for Crimes Impacting Immigration Status in New York
Whether you have been accused of a drug offense or arrested for assault, you may be concerned about the consequences. For those who are immigrants, the repercussions of such charges can be devastating. It is more important than ever for you to retain the counsel of an aggressive, experienced, and well-versed criminal defense lawyer in New York at this time.
Attorney Robert Tsigler, founding attorney of our firm, is a fierce advocate who is ready to defend your freedom and future. He has earned a respected reputation in the community and has represented clients across the state and country.
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Crimes Resulting in Serious Penalties for an Immigrant
Any crime of moral turpitude can result in serious consequences, as well as:
- Aggravated felonies
- Drug crimes
- Offenses against children
- Domestic violence
- Firearm offenses
- Prostitution and sex trafficking offenses
If you have been arrested and aren’t sure if your offense could constitute in serious immigration consequences, do not wait to seek counsel. Our firm is available 24/7 to take your call and quickly address your concerns. We have handled thousands of cases and hold a record of winning results. Let us put our skill to work on your behalf.
A Recent Case Result From the Law Offices of Robert Tsigler, PLLC
Cancellation of Removal Granted in Drug-Related Deportation Proceedings
Court: Immigration Court in New York
Handled By: Jared Flanery and Michael Zigismund
The Situation: Facing removal proceedings and deportation based on a prior drug conviction, the client was at risk of permanent separation from his family, including a wife with serious health issues and two young children who depend on him.
The Defense: Defense counsel compiled a detailed evidentiary package and litigated a full merits hearing to win cancellation of removal. When the government appealed the favorable decision, counsel filed a federal petition for habeas corpus to secure the client’s release.
Timeline: Resolved in approximately 1 year
The Victory: Cancellation of removal was granted, paving the way to a green card. Despite the government’s appeal, we secured our client’s freedom via a habeas corpus petition, keeping him free and reunited with his family.
Frequently Asked Questions About Criminal Charges and Immigration in NYC
Can ICE arrest me at a New York courthouse?
New York’s Protect Our Courts Act, passed in 2020, bars civil immigration arrests of people going to, attending or leaving court unless there’s a judicial warrant or court order. The federal government has challenged the law, and ICE can still make arrests away from the courthouse. Talk to a lawyer about the risks before any court date.
Can a conviction be vacated to fix an immigration problem?
Sometimes. If your lawyer didn’t warn you about deportation risk before a plea, the conviction may be vacated under Padilla v. Kentucky (2010). Immigration authorities only recognize a vacatur based on a real legal defect, not one granted just to avoid deportation, so the motion has to be built carefully.
What is cancellation of removal for green card holders?
It’s relief that lets a permanent resident stay in the U.S. despite a deportable conviction if they’ve held a green card for five years, lived here continuously for seven years after admission and haven’t been convicted of an aggravated felony. A plea that keeps you eligible for it can make all the difference.
Can a misdemeanor cause immigration problems?
It can. In 2019, New York lowered the maximum misdemeanor sentence to 364 days, partly so a single misdemeanor wouldn’t count as an aggravated felony that requires a one-year sentence. A crime involving moral turpitude, a drug offense or a domestic violence offense can still trigger removal as a misdemeanor.
What is the petty offense exception?
A single crime involving moral turpitude doesn’t make you inadmissible if its maximum possible sentence is one year or less and you were sentenced to six months or less. That exception can shape which plea your lawyer pursues.
What Are the Consequences?
If you are not a U.S. citizen, your ability to remain in the country may be on the line if you have been arrested or charged with a criminal offense. Fighting to protect your immigration status in the U.S. is crucial during this time.
Consequences you may face if convicted of a crime:
- Deportation
- Future inadmissibility
- Halted naturalization process
- Loss of your ability to work, study, visit the U.S.
Whether you have an H1B Visa or are an exchange student studying at a local university, your future could be on the line. The state does not care what type immigration status you hold—if convicted, you could be forced to leave the U.S. and possibly lose your ability to re-enter.
Call 718-878-3781 to set up a consultation with the experienced team at the Law Offices of Robert Tsigler, PLLC.
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