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Working with Criminal Defense Attorneys on Immigration Matters
Ensuring Non-Citizens Understand the Immigration Consequences of Criminal Charges and Convictions
Navigating the Intersection of Criminal & Immigration Law
For non-citizens, a criminal charge or conviction can have devastating consequences beyond the criminal justice system. It can trigger deportation, inadmissibility, loss of lawful status, or detention by immigration authorities. Many immigrants unknowingly accept plea deals that carry severe immigration penalties—only realizing the consequences after it’s too late.
At Benach Pitney Reilly Immigration, we work closely with criminal defense attorneys to ensure that non-citizens facing criminal charges understand their immigration risks and have a strong legal strategy to protect their status in the U.S.
If you are a non-citizen facing criminal charges, consulting an immigration attorney before taking any legal action is critical.
Why Legal Representation is Crucial for Immigrants Facing Criminal Charges?
Many criminal convictions carry automatic immigration consequences, including:
- Deportability & Removal Proceedings – Certain offenses trigger immediate deportation or make a non-citizen ineligible for relief.
- Inadmissibility – Some convictions prevent a non-citizen from obtaining a green card or re-entering the U.S.
- Loss of Lawful Status – Visa holders, DACA recipients, and green card holders can lose their status after certain convictions.
- Detention & Bond Issues – ICE may detain individuals without bond if a conviction classifies as a “mandatory detention” offense.
A strong legal defense is the best way to minimize or avoid these consequences.
Understanding Immigration Consequences of Criminal Charges
Immigration laws classify criminal offenses into different categories, with varying consequences:
Deportable Offenses:
- Aggravated felonies (drug trafficking, murder, fraud over $10,000)
- Crimes involving moral turpitude (CIMTs) (theft, domestic violence, fraud)
- Controlled substance offenses (even minor drug possession)
- Firearm offenses
- Certain multiple convictions
Inadmissible Offenses:
- Drug-related convictions (except simple marijuana possession)
- Prostitution offenses
- Crimes of fraud or deception
- Significant criminal activity linked to trafficking or smuggling
Crimes with Mandatory Immigration Detention:
- Aggravated felonies
- Drug trafficking offenses
- Terrorism-related crimes
- Two or more CIMTs (Crimes Involving Moral Turpitude)
Even non-violent offenses can result in serious immigration consequences. A plea deal that seems beneficial in criminal court could still lead to deportation.
Key Legal Services Benach Pitney Reilly Immigration Provides for Non-Citizens Facing Criminal Issues
At Benach Pitney Reilly Immigration, we provide comprehensive legal support for immigrants dealing with criminal charges, helping them avoid unnecessary immigration penalties.
✅ Advising Criminal Defense Attorneys on Immigration Consequences
- Working with criminal defense attorneys to craft plea agreements that minimize immigration risks.
- Determining whether a proposed conviction triggers deportability or inadmissibility.
- Offering guidance on alternative sentencing options that preserve immigration status.
✅ Representing Immigrants in Removal Proceedings
- Defending individuals facing deportation due to criminal convictions.
- Seeking relief from removal, including waivers, cancellation of removal, and asylum protections.
- Filing motions to terminate removal proceedings when immigration laws allow.
✅ Seeking Post-Conviction Relief for Immigration Purposes
- Filing motions to vacate, modify, or overturn criminal convictions that carry immigration consequences.
- Pursuing sentence modifications and pardons to restore immigration eligibility.
- Assisting with expungements (in some cases) to clear criminal records that affect status.
✅ Assisting with Bond Hearings for Immigrants in ICE Custody
- Arguing for release from ICE detention after an arrest.
- Presenting strong legal defenses to demonstrate why a client is not a flight risk or public safety concern.
- Filing motions to reconsider detention rulings when bond is initially denied.
✅ Filing Federal Appeals & Challenging Unfair Immigration Consequences
- Fighting unjust deportation orders based on wrongful convictions.
- Challenging misapplications of immigration law in criminal cases.
- Filing federal court petitions to reverse USCIS and immigration court decisions.
Our firm collaborates with criminal defense attorneys to protect non-citizens from unintended immigration penalties.
Common Challenges in Criminal-Immigration Cases
Common Challenges in Criminal-Immigration Cases
- Lack of Awareness: Many non-citizens plead guilty without realizing their case carries deportation risks.
- Misinformation from Criminal Defense Attorneys: Some defense attorneys are unaware of immigration law consequences.
- Inability to Vacate Convictions: Post-conviction relief is not guaranteed and must be done strategically.
- Deportation Before Legal Remedies Are Exhausted: ICE may deport individuals before they get a chance to challenge removal.
Immigrants charged with a crime need legal guidance from an attorney who understands both criminal and immigration law.
Why Partner with Benach Pitney Reilly Immigration?
At Benach Pitney Reilly Immigration, we have extensive experience handling criminal-immigration cases, ensuring non-citizens get the best possible outcome.
✅ Expertise in Immigration & Criminal Law Intersection – We navigate the complexities of deportation defense, post-conviction relief, and federal appeals.
✅ Collaboration with Criminal Defense Attorneys Nationwide – We help defense attorneys structure plea deals that protect immigration status.
✅ Proven Track Record in Removal Defense & Federal Appeals – We fight unjust deportation orders related to criminal charges.
✅ Strong Advocacy in Bond Hearings & Post-Conviction Relief – We work to prevent deportation and secure release from ICE custody.
If you are a non-citizen facing criminal charges, we can help protect your immigration status and your future in the U.S.
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