Immigration Consequences Of Criminal Convictions

Immigration Lawyers for Deportable Crimes in Macon, GA

Assisting Clients Who Are Facing Deportation in Georgia

Criminal convictions or guilty pleas can spell serious trouble for immigrants to the United States. Even if you are a permanent resident who has lived in the country for decades, “crimes of moral turpitude” could land you in removal (deportation) proceedings. If you are a noncitizen who has been charged with a crime, do not wait to contact an attorney to discuss your case, rights, and options for defending yourself against a conviction and removal. 

Our lawyers practice criminal and US immigration law, handling “crimmigration” cases where these areas intersect. If you are facing criminal charges as a noncitizen, you need to know the possible immigration consequences before talking to the police or appearing in front of a judge. If you have old criminal convictions, you must know if they will impact your green card or path to citizenship.

At Deadwyler-Heuman Law Firm, LLC, we are here to tell you where you stand and take steps to protect both your freedom and your immigration status. We offer bilingual services in English and Spanish, which has allowed us to represent many Hispanic and Latino clients in Macon, Bibb County, and Middle Georgia. Our whole team truly cares about protecting clients’ rights and keeping families together. Turn to us for peace in a difficult and uncertain time. 

Call (478) 241-5247 or submit our online contact form to start with our immigration attorney for deportable crimes in Macon. We offer affordable consultations, which we can arrange in person or virtually. 

What Are Crimes of Moral Turpitude?

Generally, crimes of moral turpitude involve “fraud, larceny, and intent to harm persons or things.”

Examples of these crimes include but are not limited to:

Despite the examples above, what counts as a crime of moral turpitude is not always clear-cut. For information about a crime you have been accused of, consult one of our immigration attorneys for deportable crimes in Macon. 

When Someone May Be Deported for a Crime of Moral Turpitude

The US Citizenship and Immigration Services (USCIS) may initiate removal proceedings for crimes of moral turpitude in the following circumstances:

  1. You committed one of these crimes within five years of being admitted to the US
  2. You have been convicted of two or more crimes of moral turpitude

Aggravated Felonies & Deportation

Certain felony crimes are considered automatic grounds for removal if you are not a US citizen. These serious offenses include murder, robbery, rape, sexual abuse of minors, child pornography, drug trafficking, money laundering, tax evasion, defrauding the government, and certain assault and battery charges.

It is very difficult to get an immigration waiver or deportation relief if you have been charged with an aggravated felony. You must fight the charges in court or get the case dismissed. Our attorneys have experience with violent crimes, white-collar crimes, and other serious felonies. They can make every effort to see that you avoid a conviction and removal.

Immigration Consequences of Traffic Offenses

Georgia does not allow undocumented immigrants to get a driver’s license. If you are in the US without permission, you could be detained by US Immigration and Customs Enforcement (ICE) for a traffic offense, such as running a stop or speeding. Traffic violations are generally not considered deportable offenses for lawful residents and visa holders. 

What Is the Deportation Process?

The following steps outline the general process:

  • Notice to Appear (NTA): The deportation process typically begins when U.S. Immigration and Customs Enforcement (ICE) or another immigration agency issues a Notice to Appear (NTA). The NTA outlines the charges against you and the reasons you are being considered for deportation. It will also contain the date and location of your immigration court hearing.
  • Immigration Court Hearings: At the scheduled hearing, you will appear before an immigration judge who will hear your case. You will be given the opportunity to present a defense against the charges. During these hearings, it's essential to have a knowledgeable immigration lawyer on your side, as these legal proceedings can be complex and intimidating.
  • Burden of Proof: In deportation cases, the U.S. government must prove that you are removable from the country. This involves presenting evidence of your immigration status and the alleged deportable offense. However, if the government meets this burden, the responsibility shifts to you and your legal team to provide a defense that challenges the charges or seeks relief from removal.
  • Judge’s Decision: Once all evidence has been presented, the immigration judge will issue a decision. If the judge rules in favor of removal, deportation proceedings will continue. However, if a defense or form of relief is successfully argued, the judge may grant you permission to remain in the U.S.
  • Appeals Process: If the judge orders your removal, you still have the option to appeal the decision. The appeal must be filed with the Board of Immigration Appeals (BIA). Appeals are highly technical, and navigating this process needs the assistance of our immigration attorney.

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Defenses Against Deportation

If you have been accused of a deportable crime, your fate is not sealed. While the road ahead may not be easy, you have defense options. 

First and foremost, retaining a skilled and experienced immigration attorney is essential. Your lawyer can combat charges or fight to get charges dismissed or downgraded to petty offenses that do not jeopardize your immigration status. 

Additionally, you may be eligible for defenses like cancellation of removal. While this option is not available to those convicted of aggravated felonies, it could be a defense path if you have been accused or convicted of less serious crimes of moral turpitude. 

Lastly, you might be able to have a conviction vacated. Doing so could prevent you from being removed. As with any immigration and criminal matters, you need a trusted lawyer to pursue a vacated conviction.

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