Best Deportation / Removal Defense Lawyers
Are you an immigrant facing criminal charges in the San Francisco Bay Area?
We are experienced criminal defense attorneys who understand the special issues associated with criminal defense of immigrants. We know how to protect your rights at the criminal level to avoid immigration consequences for our clients. Many criminal defense lawyers are not aware of the immigration consequences of criminal convictions.
The U.S. government is serious when it comes to excluding and deporting immigrants who have been charged and subsequently been found guilty of certain types of crimes, either through a voluntary plea or a jury trial. An experienced skilled defense attorney can help you avoid conviction, and subsequent deportation.
Understanding deportation and removal laws
If you are convicted of a crime, you could be deported. A conviction of certain criminal charges including crimes involving moral turpitude, domestic violence and aggravated felonies amongst other may start a removal action to deport you. Even if you are allowed to stay in the country, it may adversely affect your employment prospects or you may not be granted a security clearance. If you are a legal resident who has a certain type of a criminal conviction, you may not be able to travel abroad without losing your residency status.
If you are an immigrant, certain criminal convictions make you ineligible to immigrate to the U.S. If you have a green card, you can lose your permanent residency and any chance for American citizenship if you are convicted of certain crimes. Regardless of the number of years of lawful presence in the United States, many misdemeanor and felony convictions result in deportation. Even a misdemeanor crime such as domestic violence or petty theft could lead to deportation, denial of naturalization and inadmissibility.
Defenses to Deportation/Removal
An experienced criminal defense attorney should advise you of the immigration consequences of any possible disposition at the criminal level whether by jury trial or a plea. We frequently negotiate pleas that avoid immigration consequences for our clients. It is crucial at the criminal level that if a client’s immigration status is greatly at risk, a jury trial may be the only solution.
However, if you have already plead guilty to a deportable offense, we will advise you of how to get a conviction set aside. Traditionally, expungements under state law could alleviate the immigration consequences of a conviction. However, that is no longer true. It is clear that the first step in defending deportation due to a criminal conviction is to ensure that your criminal case is handled in a manner that does not even place you at risk of deportation.
A criminal conviction is always a big deal, but for many individuals, they are able to deal with the consequences of their actions and move on with their life. For a non-U.S. citizen, it is not that simple.
Call Ginny Walia Law Offices for a confidential consultation regarding your deportation/removal matter.