Defending Your Immigrant Status

A criminal event can prevent an alien from completing their immigration to the United States.  Until an alien is sworn in as a citizen, Homeland Security is highly interested in protecting our borders from the inside.

This means that the alien who faces criminal charges must take care to protect their Immigration status at the same time, usually requiring a criminal defense attorney as well as an Immigration attorney.  In many cases, it is difficult to find a lawyer who is an expert at both.

In addition to fighting a battle on two fronts, the alien might also face a double penalty, meaning that they might face jail time as well as deportation.  Many times this comes as a surprise to the alien who assumed that serving time in prison would complete their debt to society.

The problem is that to be allowed into the United States to pursue citizenship is a benefit, and to sustain that benefit, the alien must abide by the laws of the land - even if jail time is served, the privileges may be revoked.

There are certain levels of criminal infractions, and in general terms, an aggravated felony conviction will result in removal with no chance of appeal.  Even other crimes that are not aggravated felonies will result in deportation with no chance of appeal.

Some less serious crimes will bring an alien into the custody of Homeland Security, but depedning on the situation, the alien might be able to defend their Immigrant status, challenge the removal process, or appeal a decision.

In short, if you or someone you know needs to defend their Immigration status, be sure to find expertise in both Immigration law and Criminal defense.  This will help you understand the government's responsiblities and what can be done to comply with laws while protecting the individual's freedom, and often the unity of their family.