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Being convicted of a crime is one of the most common ways for a person to face deportation and removal from the United States. However, not every offense is treated the same. With an experienced lawyer guiding you, it might be possible to avoid this worst-case scenario and protect your legal status.

When you are concerned about the impact of criminal charges on deportation defense in Berwyn, you should speak with legal counsel as soon as possible. There are options when it comes to fighting removal, so call one of our trusted immigration attorneys today to get started on your case.

Understanding Criminal Charges That can Lead to Removal

There are two broad categories of criminal acts that could result in deportation following a conviction in Berwyn. Both circumstances are serious, but one has more potential for avoiding the worst outcomes than the other. These categories are aggravated felonies and crimes involving moral turpitude.

Aggravated Felonies

It is not always clear what constitutes an aggravated felony. While this term is often used to describe specific criminal offenses under state law, state offenses might not necessarily qualify under the federal definition.

The term aggravated felony is reserved for the most serious offenses. Some of the most common examples include rape, murder, and weapons trafficking. These are often the toughest cases to defend against.

Crimes Involving Moral Turpitude

The second category is crimes involving moral turpitude. These typically involve offenses related to dishonesty or fraud. As opposed to a fixed list of crimes, whether something is a crime of moral turpitude is a subjective matter.

A Berwyn attorney could help fight to alleviate the impact of criminal charges on deportation defense.

Possible Defenses to Deportation

There are several potential strategies to fight removal from the United States, even for people convicted of a crime. Not every approach will be viable in each case, but an attorney could review the facts and advise someone of their options.

Criminal Waivers

In some cases, an immigrant applies for and receives a waiver that cancels removal proceedings despite his or her qualifying criminal history. This option, which is limited to lawful permanent residents, does not erase a person’s conviction. Instead, it excuses it for the purposes of deportation proceedings.

There are limitations on the types of crimes that apply. An experienced attorney could advise a resident on whether their arrest record will preclude them from obtaining a waiver.

Although deportation proceedings in Berwyn are strongly affected by criminal charges, an attorney could still provide hope through a solid defense strategy.

Prosecutorial Discretion

In certain situations, the government has the authority to exercise discretion and choose to close or terminate removal proceedings against an individual. One option is to submit a written request for prosecutorial discretion along with supporting evidence to the Department of Homeland Security. Each of these applications is considered on a case-by-case basis.

U Visas

This type of visa is reserved for the victim of a crime that occurred in the United States. A person who secures this legal status could use it as a defense to removal based on his or her own criminal charges under certain circumstances. This is not an option when the person seeking the visa is also facing charges for the offense of which they claim to be a victim.

Talk to an Attorney About How Criminal Charges Could Affect Your Deportation Proceedings in Berwyn

When you have been arrested, your criminal case has the potential to affect your immigration status. For serious offenses, a conviction could even lead to removal from the country entirely. The impact of criminal charges on deportation defense in Berwyn could be severe but seeking the guidance of knowledgeable legal counsel could help lessen the consequences in court.

One of our experienced attorneys could help you protect your right to defense in these situations. Call today to discuss your options.

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