Are you worried about how an arrest in New Jersey could affect your immigration status? Criminal charges can have serious consequences for U.S. immigrants, including deportation. A New Jersey criminal defense lawyer can explain how the charges you face could impact your immigration status and build a strong defense to protect your ability to remain in the U.S.
Can You Be Deported Even If You Have Legal Status in the U.S.?
You can be deported even if you have legal status in the U.S., such as a green card or a valid visa. Certain criminal convictions, including crimes of moral turpitude, aggravated felonies, or drug offenses, can make you deportable. Violating the terms of your visa, committing fraud, or engaging in illegal activities can also lead to removal proceedings.
Crimes That Can Impact Your Immigration Status
Facing criminal charges as an immigrant in New Jersey can bring serious consequences, including the possibility of deportation. Examples of the types of offenses that could lead to removal under U.S. immigration law include:
Crimes of Moral Turpitude
An immigrant can face deportation if convicted of crimes involving moral turpitude (CIMT). These crimes typically involve dishonesty, fraud, or actions that violate societal moral standards, such as theft or prostitution. A single conviction of this type of crime could lead to removal if it occurred within five years of entering the U.S. and carries a potential sentence of one year or more. Two or more of these convictions committed at any time from separate incidents can also result in deportation.
Aggravated Felonies
Convictions for aggravated felonies under immigration law carry the most severe consequences. These offenses include crimes such as:
- Murder
- Rape
- Drug trafficking
- Firearms trafficking
- Fraud involving losses over $10,000
- Violent crimes with at least a year of prison time
An aggravated felony conviction can result in immediate removal and permanent inadmissibility, even if the sentence was suspended or only partially served.
Controlled Substance Offenses
Any conviction involving controlled substances, including possession, sale, distribution, or trafficking, can lead to deportation. The only exception is a single offense involving possession of 30 grams or less of marijuana for personal use. Beyond deportation, a drug conviction can block an immigrant from reentering the U.S. or adjusting their immigration status in the future.
Firearms Offenses
Convictions for purchasing, selling, possessing, or using illegal firearms can result in deportation. This includes offenses involving firearms accessories and destructive devices. Immigration law applies strict penalties to firearms offenses, even for non-violent violations.
Domestic Violence and Related Crimes
Convictions for domestic violence offenses, stalking, child abuse, or child neglect can trigger removal. A conviction for violating a protective order could also result in deportation, especially if the violation involves credible threats of violence or repeated harassment. Immigration law defines these criminal offenses broadly, and even misdemeanor convictions can have serious consequences.
Terrorist Activities
Participation in terrorist activities, including providing material support to terrorist groups or engaging in acts of terrorism, will result in deportation. The law applies broadly to any activity connected to terrorism, regardless of whether a conviction resulted in incarceration.
Document Fraud
Using false documents or committing fraud to obtain immigration benefits can trigger removal. This includes submitting false information on visa applications or using counterfeit identification to enter the United States. Certain waivers are available, but these are limited and difficult to obtain.
Unlawful Voting
Immigrants who illegally vote in federal, state, or local elections can face deportation. This usually applies even if the immigrant mistakenly believed they were eligible to vote.
Defenses Against Criminal Charges That Can Result in Deportation
Facing criminal charges as an immigrant in New Jersey can feel overwhelming, especially when a conviction might lead to deportation. However, a defense attorney can explore several strategies to fight the charges against you and protect your right to remain in the U.S., including:
- Arguing lack of criminal intent – Many crimes require proof that you acted with a specific intent to break the law. If prosecutors cannot show that you intended to commit the crime, your attorney could argue against the charges.
- Challenging the evidence – If the prosecution’s evidence is weak, your attorney could question its validity. This might involve challenging the credibility of witnesses, pointing out inconsistencies in police reports, or arguing that the evidence does not meet legal standards.
- Pleading to a lesser offense – Sometimes, negotiating a plea deal to a lesser charge can reduce the risk of deportation. For example, instead of pleading guilty to a felony offense, you might plead to a misdemeanor that does not carry the same immigration consequences.
- Claiming a procedural error – If law enforcement or prosecutors made mistakes in handling your case, your attorney can challenge the charges. For instance, if the police conducted an unlawful search or denied you access to legal counsel, these errors could lead to a dismissal.
- Asserting self-defense – If you are accused of a violent crime, your attorney could argue that you acted in self-defense. This requires showing that you reasonably believed you were in immediate danger and used only the force necessary to protect yourself.
- Applying for a 212(h) waiver – If you already have a conviction on your record, you might qualify for a 212(h) waiver. This can protect you from deportation if you show that your removal would cause extreme hardship to a U.S. citizen or lawful permanent resident family member.
- Arguing that the conviction does not qualify for deportation – Not every conviction leads to removal. Your attorney can analyze the specific statute under which you were convicted and argue that it does not qualify as a deportable offense.
Call Our Experienced Criminal Defense Attorneys in New Jersey for Help
If you are facing criminal charges that could impact your immigration status, contact the Law Offices of Jonathan F. Marshall today. Our defense attorneys have more than 200 years of combined legal experience and have obtained favorable results for countless clients. Here’s what one satisfied client had to say about working with our New Jersey defense attorneys:
“Mr. Marshall was very knowledgeable and experienced. I would highly recommend this attorney for all your legal assistance.” — Steven
Our team understands what is at stake and will work hard to protect your rights and future in the U.S. Call us now to arrange your free initial consultation and learn how we can help you.
