An individual who has been convicted of a firearms offense is deportable and subject to removal from the United States. Deportability for a “firearms offense” encompasses but is not limited to selling, exchanging, using, possessing, or purchasing a firearm or destructive device in violation of state or federal law. An individual is deportable for a firearms violation regardless of when the offense occurred or the conviction was entered.
Additionally, a state firearms offense may be considered an aggravated felony if it is described by a federal law counterpart. Some examples of offenses that may potentially be viewed as aggravated felonies include:
- Possession of a firearm by a convicted felon.
- Possession of a firearm by a fugitive from justice.
- Possession of a firearm by unlawful user of controlled substances or an addict.
- Possession of a firearm by an illegal alien or an alien in nonimmigrant status.
- Use of a firearm in the commission of a felony.
The attorneys at Godoy Law Office, can help determine whether you are eligible to vacate your criminal conviction or whether you are eligible to file for post-conviction relief, such as a Padilla appeal. Additionally, we can help you determine if you are eligible for any other removal relief such as Cancellation of Removal.
Contact Us If You Have A Gun Conviction
We can help you identify any available immigration option. Call us today or contact us online to schedule a consultation.