New York is a cultural melting pot, full of diverse economic opportunities and cultural feats due to the immigrants who have built and continue to develop the state. However, despite all they contribute, many New York immigrants are forced to go through constant bureaucratic and legal battles. If you are facing criminal charges that could threaten your immigration status in New York, a New York immigration attorney can help you find strategies to fight back.
Even for New Yorkers who are non-citizens and have been living and working in the state for years, criminal charges can threaten to uproot everything. Fortunately, there are legal techniques and strategies that can be leveraged to contest these charges, which can vary based on the details of your case. Being aware of these general defense methods allows immigrants to protect themselves and their right to live and work in New York.
Convictions That Can Threaten Immigration Status
While the offenses on a criminal record that can negatively impact a person’s immigration status depend on various factors, such as the type of immigration status that the person has, there are serious crimes that will likely start the removal process, including:
- Certain aggravated felonies, such as murder, rape, burglary, prostitution, and obstruction of justice
- Crimes that include moral turpitude
- Firearms-related aggravated felonies or those involving explosive materials and other firearms offenses
- Certain controlled substance or drug-related crimes, including trafficking
Convictions for these aforementioned crimes can result in serious consequences that may impact a non-citizen’s lawful permanent resident status. They could even prevent them from being able to pursue citizenship. Therefore, it is critical to fight back aggressively as soon as the defendant is aware of the charges introduced.
Criminal Defense Strategies for Immigrants
If you are an immigrant who is facing charges for a crime, it is advisable to work with an experienced NY immigration attorney who can help advise you on how a conviction could potentially impact your immigration status. Some of the key defense strategies that can be leveraged by immigrants and their lawyers against criminal charges include:
Proving violations of constitutional rights. Immigrants have constitutional rights under the law, just as U.S. citizens do, although this may depend on their exact status. If the defendant’s rights were breached before, during, or after the arrest, then this can serve as grounds for dismissal to get the charges dropped.
Considering the validity of the evidence. If the evidence being used against the defendant by the prosecution was obtained through an illegal stop or search and seizure, this could be grounds to get the evidence suppressed.
Analyzing due process. If the defendant was previously denied proper due process, such as a fair and unbiased trial against them, then a conviction could be dropped or a case appealed.
Having formidable evidence. To win your case, it is critical to have strong evidence, including photos, videos, text messages, and other documents, to back up your story, such as an alibi or explanation for what you were doing at the time the alleged crime occurred.
Mitigating immigration consequences. Based on the ways that a conviction could influence the defendant’s immigration status, particular legal strategies can be carried out to mitigate these negative consequences.
Based on the details of your case, a dedicated immigration lawyer can work to get your case dismissed by showing that the provided evidence from the prosecution is insufficient, contradictory, or unreliable. In some cases, it may be optimal to work toward a plea deal. By working with an immigration defense lawyer, you can decide which strategies could positively influence your case outcomes.
FAQs
Can a Felony Affect Immigration Status?
A felony can impact immigration status, but the extent and nature of the impact varies depending on certain factors, such as:
- The type of crime that was committed
- The immigration status of the convicted
- Specific circumstances surrounding the crime
To determine how felony charges or convictions might impact your immigration case, it’s important to work with a dedicated immigration lawyer.
Can You Come Back to the U.S. After Being Deported for a Felony?
If you were deported from the U.S. as a result of being found guilty of committing an aggravated felony, then you will likely be banned from entering the U.S. for the rest of your lifetime. However, if you were deported as a result of a less serious felony, then you can wait five to 10 years to apply for a waiver to reenter the country. An experienced immigration lawyer can help you apply for a waiver.
Can United States Immigration Authorities Look at My Social Media Accounts?
Yes, U.S. immigration authorities, such as United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), may look at the content on your social media accounts when determining your eligibility for certain applications. They may reject an application based on information on your social media profile, or statements found on your social media could potentially be used against you in immigration court.
What Does the Immigrant Defense Project Do?
The Immigrant Defense Project is an NGO that works to train immigration attorneys. It supports immigrants and their loved ones who are facing criminal charges that could impact their status living in the country. It also has advocacy campaigns to influence local policy and challenge unfair laws in federal courts. The Immigrant Defense Project is located in New York City, working to challenge the wrongdoing by the criminal justice and immigration systems.
Optimize Your Immigration Defense Strategy With a New York Immigration Attorney
If you are facing criminal charges that could impact your immigration status, then an experienced immigration attorney from the Law Offices of Robert Tsigler, PLLC, can help you understand your charges and the impact they might have on your ability to work and live legally in New York.
A compassionate lawyer from our team is here to understand your case history and details. They can then work to build a strong defense that minimizes negative consequences for your immigration status. We can start working with you as soon as you are ready. Contact our loyal team today to get started.
