The Role of The Immigration Lawyer During the Criminal Process
Certain criminal convictions can cause a permanent resident or a non-citizen alien to be placed in removal. A conviction that could be categorized as an “aggravated felony” by the immigration laws can result in losing permanent residency and cause you to be deported from the U.S. unless you are eligible for a waiver. Even some common misdemeanor crimes can be considered aggravated felonies for immigration purposes. These minor offenses include theft and crimes involving violence for which the sentence is a year or more.
Because of the seriousness of the immigration consequences arising from a conviction that may be deemed an aggravated felony, permanent residents and other non-citizen aliens should be represented by a competent immigration lawyer early in the criminal process. The immigration attorneys at The Law Firm of Shihab & Associates have experience representing clients in removal due to criminal convictions and aggravated felonies. Contact one of our immigration lawyers for a consultation.
If a permanent resident or a non-citizen alien is considered to have committed an aggravated felony, he/she could face a complete bar from returning to the U.S. for twenty years. Furthermore, certain forms of relief from removal, including asylum, cancelation of removal, or voluntary departure, could be unavailable during removal proceedings.
If you have been charged with a crime, don’t succumb to the fear of deportation and lose hope. The first step you should undertake is to employ the services of a competent immigration lawyer who will give you advice during plea negotiations and during the sentencing phase of the process. The experienced immigration attorneys at The Law Firm of Shihab & Associates, Co., LPA, are able to preserve your hopes and aspirations of retaining your permanent residence or visa status and could increase your chances of remaining in the U.S. With the assistance of our experienced immigration lawyers, we could prevent a conviction of an aggravated felony from ever occurring in the first place. In certain circumstances, our lawyers may be able to vacate a prior aggravated felony conviction altogether thereby bypassing the severe immigration consequences that may subsequently befall the foreign national.
An example of how our experienced immigration lawyers could avert a disastrous consequence is working closely with the criminal lawyer through the plea negotiations and the sentencing phase of the case. Through agreement with the prosecutor, a one-year sentence can become 364 days. Other theft crimes could be bifurcated to several crimes involving lesser amounts, none of which may be considered an aggravated felony. These are small examples of how engaging an immigration lawyer early on in the process could yield valuable dividends.
In the event you are convicted of a crime that could be categorized as an aggravated felony, our immigration lawyers can also represent you to obtain “post conviction relief” in certain circumstances. Certain convictions can be modified or vacated post judgment if you are not adequately represented by a criminal lawyer and you were not properly advised of the consequences of your guilty or no contest plea.
The experienced attorneys at The Law Firm of Shihab & Associates, Co., LPA, can represent you during all stages of the criminal justice process. Our lawyers will be there with you guarding your interest, starting as early as when you are charged with a crime to the plea negotiation stage, and in evaluating whether your prior convictions could be modified, vacated, or your sentence reduced. Our goal is to assure that you remain in the U.S. with your loved ones, and we will apply our skills to the fullest extent on your behalf. Our lawyers will not tire or falter until we explore every avenue available at law to ascertain that your dream of making the U.S. your home becomes a reality.How to Contact Us:
If you have been charged with a crime that appears to have immigration consequences, contact the experienced attorneys at The Law Firm of Shihab & Associates for a consultation. Our lawyers will carefully listen to your circumstances and will advise you relative to the best legal strategies. We handle all types of immigration matters, including bond determinations, removal, waivers, and relief. We are available to meet with you at a location near you.