What are the Grounds for Deportation in New York?
Even if an individual is admitted to the United States of America as a permanent resident, he or she could still face deportation in the event that specific circumstances arise. It is vital to contact a Staten Island criminal deportation defense attorney if the following occurs:
What if an Individual Violates His or Her Status?
If an individual is in violation of the Immigration and Nationality Act, he or she could be deported. This may include staying in the United States for longer than originally authorized.
When an individual faces criminal deportation, the circumstances are typically based on the crime that occurred and the events that surrounded the criminal activity. It is imperative to contact a Staten Island criminal deportation defense attorney if you are facing deportation because a guilty plea, a plea of no contest, or an admission of guilt can be considered grounds for deportation, which is true even if there wasn’t an actual conviction or sentence imposed by the court. However, this is only applicable to certain criminal offenses.
What are the Grounds for Criminal Deportation?
Grounds for criminal deportation may include:
Illegally transporting aliens
Violating protective orders
Failing to register as a sex offender
Charges that are related to controlled substances
Crimes of moral turpitude
What are Crimes of Moral Turpitude?
In New York, crimes of moral turpitude violates standards of decency set forth by New York and violates public conscience. These crimes may also be considered extremely wicked in nature and go against standards of morality.
If an individual is convicted of a crime of moral turpitude within five years after he or she is admitted to the United States and receives a prison sentence of at least one year, then he or she could face deportation. This may also occur if an individual has been convicted on two crimes that are not related to one incident. In these circumstances, it doesn’t matter how far apart the convictions were or the sentences that were imposed, the individual will still face deportation, which is why it is important to contact a Staten Island criminal deportation defense attorney.
When it concerns immigration laws, crimes of moral turpitude that could lead to deportation include:
Voluntary or reckless manslaughter
Rape and statutory rape
Assault with intent to commit robbery, murder, abortion or rape
Murder or attempted murder
Child abuse or neglect
Possession of child pornography
Aiding and abetting the commission of a crime of moral turpitude
Certain theft offenses
Burglary involving intent of moral turpitude
Willful tax evasion
The Consequences of Criminal Deportation Charges
If an individual is a non-citizen, a criminal conviction can destroy any chances of achieving and maintaining permanent residence in the United States. A skilled criminal deportation defense attorney can help an individual avoid the chances of permanent deportation.
What are the Options?
There are many options that an individual can take when facing a criminal deportation charge if they enlist the help of an experienced attorney. An attorney can help you take the most effective approach that will increase the chances of a successful outcome.
Even if an individual has entered a no contest plea, guilty plea, or has been convicted, an attorney can help by filing an appeal or motion to vacate.
How to Build a Strong Criminal Deportation Defense
When an individual has been accused of a crime that could lead to deportation, he or she should contact a Staten Island immigration and deportation lawyer as soon as possible. If you enlist the services of an attorney early in your case, he or she will have more time to build a solid defense that can protect your rights and increase the possibility of a positive outcome.
An immigration attorney will first examine the case to inquire about reduction and removal of criminal charges. There are times when specific procedural violations occur or lack of evidence leads to cases being dismissed. When the court decides to proceed with a criminal deportation case, an attorney can fight to have the charged lessened to an offense that doesn’t require deportation.
When you are facing criminal deportation charges, be sure to choose a legal team with knowledge in both criminal law and immigration law. A legal team should be able to take a comprehensive approach to a criminal deportation case to ensure all aspects are covered.
Due to the manner in which immigration authorities function in New York, it is important that you hire an attorney with experience in criminal deportation cases. This is the way to protect your rights and remain in the United States.