Criminal convictions can have severe and permanent effects on immigration status for every noncitizen. An attorney who is knowledgeable about the consequences that may result from a pending or future criminal conviction, may be able to preserve their legal immigration status in the United States.

Immigration is an ever changing body of law, often highly dependent on the policy goals of the current Administration. The intersection of immigration and criminal law is a complex and technical area of the law, with unique consequences for each individual who comes into contact with the criminal justice system. Immigrants who have criminal convictions on their record are among the most vulnerable to deportation from the United States. In fact, Non-U.S. citizens-- even those in the United States legally-- are being removed from the country in record numbers, even for minor infractions, and often without the opportunity to appeal the decision.

For some immigrants, convictions may automatically compromise one's current legal status. Where no other options exist, vacating a criminal conviction may be the only way for a legal immigrant to remain in the United States.

While the convictions that most often result in immigration issues are crimes of “moral turpitude” and aggravated felonies, even misdemeanor convictions can result in removal and deportation. Additionally, it is not uncommon that non-naturalized defendants may fail to understand or fail to be properly advised by their attorneys of the consequences a criminal conviction will have on their immigration status. The Supreme Court held in Padilla v. Kentucky that a defense counsel’s failure to provide a defendant with adequate immigration advice regarding consequences of their conviction on their immigration status and deportation, renders a conviction unconstitutional. In most instances, “[p]reserving the client's right to remain in the United States may be more important to the client than any potential jail sentence." Padilla v Kentucky.

If there is a current criminal case pending, a properly informed attorney can help negotiate a plea or sentence in the criminal case that will avoid consequences with an adverse effect on an individual's immigration status. Where the issue is a past criminal conviction, an experienced attorney can petition the court to reverse or modify a past conviction to avoid deportation.

The effect of criminal convictions on one's immigration status are often emotional and time sensitive. Hiring a knowledgeable attorney to assist with the challenges that arise may help preserve an individual's legal immigration status in the United States.

Criminal convictions can have severe and permanent effects on immigration status for every noncitizen. An attorney who is knowledgeable about the consequences that may result from a pending or future criminal conviction, may be able to preserve their legal immigration status in the United States.

Immigration is an ever changing body of law, often highly dependent on the policy goals of the current Administration. The intersection of immigration and criminal law is a complex and technical area of the law, with unique consequences for each individual who comes into contact with the criminal justice system. Immigrants who have criminal convictions on their record are among the most vulnerable to deportation from the United States. In fact, Non-U.S. citizens-- even those in the United States legally-- are being removed from the country in record numbers, even for minor infractions, and often without the opportunity to appeal the decision.

For some immigrants, convictions may automatically compromise one's current legal status. Where no other options exist, vacating a criminal conviction may be the only way for a legal immigrant to remain in the United States.

While the convictions that most often result in immigration issues are crimes of “moral turpitude” and aggravated felonies, even misdemeanor convictions can result in removal and deportation. Additionally, it is not uncommon that non-naturalized defendants may fail to understand or fail to be properly advised by their attorneys of the consequences a criminal conviction will have on their immigration status. The Supreme Court held in Padilla v. Kentucky that a defense counsel’s failure to provide a defendant with adequate immigration advice regarding consequences of their conviction on their immigration status and deportation, renders a conviction unconstitutional. In most instances, “[p]reserving the client's right to remain in the United States may be more important to the client than any potential jail sentence." Padilla v Kentucky.

If there is a current criminal case pending, a properly informed attorney can help negotiate a plea or sentence in the criminal case that will avoid consequences with an adverse effect on an individual's immigration status. Where the issue is a past criminal conviction, an experienced attorney can petition the court to reverse or modify a past conviction to avoid deportation.

The effect of criminal convictions on one's immigration status are often emotional and time sensitive. Hiring a knowledgeable attorney to assist with the challenges that arise may help preserve an individual's legal immigration status in the United States.