Criminal Charges

Serious And Adverse Consequences

Criminal charges can have serious and adverse consequences for those who are not United States Citizens. Convictions can be the basis for removal. In fact, some misdemeanors can be the basis for removal, as they may be considered analogous to felonies due to the nature of the crime.

In certain cases, like that of a “narcotics addict” a conviction is not even required for removal. Thus it is imperative that any non citizen be aware of the immigration consequences before entering a plea to any crime.

There may be alternative pleas, or a carefully crafted plea deal and record that will preserve a non-citizen’s right to remain in the United States.

Even lawful permanent residents are subject to removal – only US Citizens are not. Most people do not plan to be criminals.

Consider the following example:

Juan has been living in the United States for 12 years. He is a lawful permanent resident with a green card. He does not want to get US citizenship because it takes some time, costs some money, and he has had some problems with the forms. Also, he thinks it is really not so important because he is able to work and earn a nice living.

His home has a bathroom with a leak that caused wall damage, so he hires a plumber and a painter and gets it fixed. He is upset about the price, but knows he could not fix it himself, and did not trust his friend who has a good set of tools to do it for him – he cares and wants it done right.

If Juan had taken steps and become a US Citizen, there would be no immigration problems with the scenarios below.

Multiple Scenarios For Trouble

DUI (Driving Under the Influence)
He goes out to the company holiday party and has a few drinks. He gets picked up for a DUI. His driver’s license is suspended. He drives and gets picked up driving on a suspended license.

Even though he is a lawful permanent resident he now has committed a crime of “moral corruption” – not the DUI, but he driving! He is now potentially deportable. If he were a US citizen he would have no issues. For the price of the plumber he could have had his documents prepared by a lawyer, and protected his life, his job and his home from this catastrophe.

Domestic Violence
He breaks up with his girlfriend, who gets mad at him and lies to the police, saying he took her telephone, and threw it at her. She shows them the broken phone. He is accused of a domestic violence crime and must appear in court.

Drugs
His son’s girlfriend leaves the prescription drugs in his car, and they are found when he gets stopped for having a broken tail-light. He is arrested an accused of possessing controlled substances – a narcotics crime. The DA contacts ICE and he is not permitted out of jail on bail. He misses work and loses his job.

Before Entering A Plea To Any Crime

Consult with an immigration attorney before entering a plea to any crime.

Also, if you can be naturalized and become a US Citizen, do it now, do not delay.

Call (831) 458-1011 To Discuss Retaining Immigration Attorney JP Lavallee