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If you are a non-citizen who has been criminally charged and are facing deportation, you should consider contacting an attorney as soon as possible. Additionally, if you or a loved one has been detained, a lawyer may be able to help arrange your or your family member’s release on bond.

An experienced Naperville lawyer knows the impact that criminal charges can have on deportation defenses and may be able to assist you in understanding your legal rights.

What Crimes Can Lead to Deportation?

Noncitizens, even green card holders, can be deported if they are convicted of certain crimes. Convictions for the following criminal acts may lead to deportation proceedings, depending on the circumstances:

  • Murder and other felonies
  • Skipping court for felony charges
  • Certain violent crimes
  • Sexual assault and/or abuse, including statutory rape
  • Running a prostitution operation
  • Child pornography
  • Trafficking drugs or firearms
  • Burglary or theft
  • Fraud resulting in more than $10,000 loss
  • Money laundering
  • Evasion of taxes amounting to more than $10,000

Generally, most major crimes may result in deportation proceedings, but minor crimes can result in removal as well. In addition, if you are a noncitizen, violating immigration law may also result in deportation.

Violations of immigration law may include:

  • Failing to maintain your immigration status and remaining in the country
  • Entering the country as a nonimmigrant and failing to comply with status requirements
  • Helping another person enter the country illegally
  • Fraudulently obtaining immigration documents for another person

Deportation Defenses

A Naperville immigration lawyer could defend someone from a deportation proceeding that has already been initiated because of a criminal charge or conviction. If you are a noncitizen or immigrant who has been charged with a crime, it may be a good idea to contact an immigration lawyer early in the process to help you understand whether you may face deportation.

A lawyer may also attempt to vacate the criminal conviction, negating the deportation. In other scenarios, you may be able to apply for a waiver.

Types of Waivers

If you have not been convicted of an aggravated felony and meet other requirements, you may be able to ask for a waiver of the criminal conviction under the Immigration and Nationality Act (INA) § 212(h) if you are also applying for lawful permanent residency, such as a green card.

A second option may be to apply for cancellation of removal for lawful permanent residents under INA § 240A(a). To use this option, you must have resided in the United States continuously for seven years and have been a lawful permanent resident for five years. In addition, you must not have been convicted of an aggravated felony.

Finally, those who are facing deportation for crimes they were convicted of or pled guilty to before April 1, 1997 may apply for a waiver under former INA § 212(c), again, if they are lawful permanent residents.

What Happens After Being Detained?

Immigration and Customs Enforcement (ICE) or United States Citizenship and Immigration Service (USCIS) may detain someone if they decide to initiate deportation proceedings. However, in some cases, an individual could be released on bond. If you or a loved one has been detained pending deportation proceedings in Naperville, an immigration attorney may be able to help you organize such a release.

Factors that may be considered for a release on bond include:

  • Family ties in the United States
  • Ties to a community
  • Whether the individual presents a threat to your community or national security

If the court does release an individual on bond, it may do so with conditions pursuant to the law, including payment and supervision. If bond is denied, a person could appeal the decision to the Board of Immigration Appeals.

Call a Naperville Immigration Lawyer Right Away

If you are a noncitizen or immigrant facing deportation after a criminal conviction, it could be vital to call a Naperville lawyer immediately after being notified of your removal to start planning your defense. The possibility of deportation may be terrifying for you and your family, but an immigration attorney may be able to help you remain in the country. Contact us today to schedule a consultation and learn more.

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