Criminal immigration cases sit at the complex intersection of immigration and criminal law, often referred to as “crimmigration.” These cases involve non-citizens who have been charged with or convicted of criminal offenses, which can have serious consequences on their immigration status, including deportation, denial of naturalization, or loss of visa privileges. Here’s why hiring a specialized attorney is critical for navigating these situations:
1. Expertise in Both Immigration and Criminal Law
A specialized attorney is uniquely qualified to handle cases involving criminal charges that affect immigration status. Standard criminal lawyers may not fully understand the nuances of immigration consequences, and immigration lawyers may lack deep knowledge of criminal defense strategies. A lawyer experienced in both fields can provide comprehensive representation, protecting you from the double jeopardy of criminal punishment and immigration penalties.
2. Avoiding Deportation and Removal
Certain criminal convictions can automatically trigger deportation proceedings, even for lawful permanent residents (green card holders). Crimes categorized as aggravated felonies, drug offenses, and crimes involving moral turpitude often result in deportation. A specialized attorney understands these classifications and can help mitigate charges or negotiate plea deals to avoid triggering automatic removal.
3. Fighting for Immigration Relief
For non-citizens, some criminal offenses might still allow options for relief from deportation, such as applying for asylum, withholding of removal, or cancellation of removal. A specialized attorney can assess your eligibility for these forms of relief and develop a legal strategy to fight for your right to remain in the country.
4. Managing Collateral Consequences
Even minor convictions can have severe immigration consequences. For example, pleading guilty to certain misdemeanors may still lead to visa ineligibility or complications in obtaining citizenship. A specialized attorney can help you navigate the legal landscape to avoid unintended immigration consequences of criminal proceedings.
5. Understanding Complex Laws and Policies
U.S. immigration laws and policies are constantly evolving. Having an attorney who is up-to-date with the latest regulations and judicial decisions ensures that you receive the best possible defense and immigration guidance, particularly in cases where legal precedents can shift.
Conclusion
Criminal immigration cases require a nuanced understanding of both criminal law and immigration law. A specialized attorney not only helps protect your rights in criminal court but also ensures that your immigration status remains safeguarded. Without a dedicated legal expert, you risk facing severe consequences that could affect your future in the U.S.
By working with a specialized attorney, you can reduce the risk of deportation and increase your chances of finding immigration relief.