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One of the ways you could face deportation proceedings is following a criminal conviction. When you are already dealing with the possibility of removal, the addition of criminal charges can only further complicate things for you.

The good news is that there are defenses available in these proceedings, and some are viable following an arrest. Seeking the counsel of one of our seasoned deportation defense attorneys could help secure a favorable outcome despite the impact of criminal charges on deportation defense in Lombard.

What Criminal Charges Can Affect Deportation Proceedings?

Not every criminal arrest and conviction will negatively affect a person’s immigration status. In general, there are two types of offenses that could ultimately result in a person being removed from the United States. These include crimes of moral turpitude and aggravated felonies.

Crimes of Moral Turpitude

Immoral criminal acts are not well defined under the law. Despite the lack of clear guidance from the federal government, many state court decisions have provided some examples. In general, these offenses involve intentionally harmful acts like fraud or larceny.

The simplest way to think about these offenses is that they involve some attempt to dishonestly hurt another person—often with the goal of taking their property without consent. A dedicated defense attorney could provide a clear picture of what falls into this category.

Aggravated Felonies

This term is used to describe certain serious offenses that can affect a person’s immigration status. There are notable differences between state and federal law, and this can make it challenging to determine what offenses might affect deportation proceedings. Some common examples of aggravated felonies include:

  • Rape
  • Murder
  • Battery
  • Perjury
  • Statutory rape
  • Drug trafficking
  • Money laundering

In Lombard, the effect of criminal charges on deportation proceedings can be severe, but the right attorney could help mitigate such consequences.

Violating Immigration Law

In addition to state criminal charges, deportation proceedings could be initiated due to a violation of immigration law. For noncitizens, this could have the same consequences as committing a serious criminal offense. Some examples of violations that could adversely affect someone’s legal status include entering or remaining in the country unlawfully, fraudulently obtaining immigration documentation, or helping someone enter the country illegally.

Potential Deportation Defenses

While the negative effect of criminal charges on deportation can be intimidating, people in Lombard have options available to them to defend against removal from the United States. These generally come in the form of waivers that allow a person to avoid deportation despite having a criminal conviction.

First, it is important to note that these waivers generally do not apply to aggravated felonies. However, there are times when a person could apply for a Green Card and petition for the waiver of their criminal conviction under the Immigration and Nationality Act.

In addition to a waiver, the law also allows for the cancellation of removal after a person has been deported. This option is limited to someone who has been a lawful permanent resident for five years and has been physically in the country for seven years.

Talk to an Attorney About How Criminal Charges Can Affect Deportation in Lombard

When you are facing the prospect of deportation due to your criminal record, it is vital to understand there might be options available to you. A dedicated immigration attorney can advise you on whether you qualify for waivers that might allow you to stay in the country, despite the impact of criminal charges on deportation defense in Lombard. Call us for legal help today.

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