Are There Defenses Immigrants Can Use to Avoid Deportation After Being Accused of a Crime?

There are many reasons why immigrants are deported from the United States. One of these is when a person is convicted of committing certain crimes while they were in the country. Not all crimes qualify a person for deportation but when a person is charged with a deportable offense, it can have grave consequences for their future.

When an immigrant is charged with a crime in the U.S., whether they can avoid deportation heavily relies on preventing a conviction for a qualifying deportable defense, seeking post-conviction relief, or pursuing affirmative relief in immigration court. Below, our Atlanta deportation defense lawyer explains these options in greater detail.

Legal Defenses in Criminal Court

There are several defenses available in criminal court that can help immigrants avoid deportation. These include:

• Refuting the category of the crime: Only certain crimes, typically aggravated felonies or crimes of moral turpitude (CIMT), qualify as deportable under the specific statute. The federal immigration definition is sometimes much broader. A lawyer can argue that the statute definition should apply, which can help an immigrant avoid deportation.
• Plea bargaining: A defense lawyer can also negotiate with the prosecution for lower charges that do not carry a mandatory deportation trigger, such as a charge that avoids a sentence of 365 days or more.
• Post-conviction relief: You may be able to file a motion to set aside, vacate, or modify an older conviction. Under Padilla v. Kentucky, if a defense lawyer failed to advise someone of the risk of deportation, it can legally overturn the plea.
• Modification of the sentence: For many categories of aggravated felonies or CIMTs, it may be possible to drop an imposed or suspended sentence to under 365 days or six months, whichever is appropriate, to avoid certain deportation thresholds.

Immigration Court Relief Strategies

In addition to defenses available in criminal court, there are also options for relief in immigration court. These are as follows:

• Cancellation of removal: It may be possible to apply for cancellation of removal for permanent residents who have five or more years of residency and seven years of continuous residence. Non-permanent residents can apply if they have ten years of continuous presence, are of good moral character and can show that a family member who is an American citizen or permanent resident would experience exceptional and extremely unusual hardship.
• Waivers of inadmissibility: Immigrants may be able to obtain a statutory waiver that forgives certain crimes depending on hardship, rehabilitation, or family ties.
• Asylum: Immigrants may be able to avoid deportation if they can show a well-founded fear of torture or persecution if they returned to their home country.

Call Our Deportation Defense Lawyer in Atlanta Today 

Deportation is extremely frightening for immigrants, but you do not have to go through it alone. To discuss your specific needs and case, please contact our Atlanta deportation defense lawyer at Shirazi Immigration Law, Inc. today by calling 404-523-3611. We proudly serve clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

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