Criminal Immigration Problems
San Francisco and San Jose Immigration Defense Law
As a non-immigrant or permanent resident with a green card, you may be deported if you are convicted of an aggravated felony, a crime involving moral turpitude, a firearms offense, a domestic violence crime, or certain drug offenses. Any number of crimes might also make you inadmissible should you leave temporarily to travel abroad and seek to return to the United States, or disqualify you from naturalization and obtaining U.S. citizenship. These offenses are particularly problematic:
- Fraud crimes
- Identity theft
- Alien smuggling
- Drug offenses
- Firearms crimes
- Domestic violence
- Sex offenses
- Crimes of violence
If you have a criminal record, a San Francisco and San Jose immigration defense attorney can advise you if your record poses a problem in terms of removal or inadmissibility. Your attorney can also recommend remedies available to protect your status
Remedies for Criminal Immigration Problems
- Expungement: For certain drug crimes you may apply to have your conviction expunged from your record so it is no longer held against you.
- Post-conviction relief: A guilty or no contest (nolo contendere) plea may in certain cases be vacated as invalid if you were not advised by the court of the possibility of deportation, inadmissibility, or disqualification from citizenship and naturalization, or if your criminal defense attorney failed to adequately warn you of the immigration consequences.
Waiver of inadmissibility: When you receive a waiver of inadmissibility (eg.,
212(h) or 212(c)), DHS forgives that particular crime in determining whether you should be removed or be granted admission to the United States.
- Defense at Removal Hearings: In a motion to dismiss before the immigration court, your attorney would show that DHS failed to prove up your criminal conviction and cannot establish that the crime charged qualifies as a deportable offense. Or, your attorney would show that you have rehabilitated, that you have important family or community ties, and that on the whole, you have earned the right to remain with your green card in the United States..
Immigration Defense Attorney in San Jose and San Francisco
Daniel Shanfield, Esq. Immigration Defense provides professional and vigorous defense to clients with criminal immigration problems. Daniel previously served as an attorney with the U.S. Immigration and Naturalization Service (INS) before opening his practice in San Jose. Thanks to his unique experience and perspective, Daniel has been recognized as a Northern California Immigration "Super Lawyer" by San Francisco Magazine, and holds a 10/10 AVVO rating, ranking him as "Superb" in experience, industry recognition, professional conduct. Our experienced and knowledgeable staff will employ every available legal tool to help ensure your problem is successfully resolved.
Contact a San Francisco and San Jose immigration defense lawyer
at the firm for dedicated legal representation.