Milpitas Criminal Immigration Attorneys

Protecting Your Immigration Status During Criminal Proceedings

Criminal law and immigration law are two separate entities, but there are times when they can overlap. A criminal charge in the United States has the potential to affect your immigration status and put your future in this country in jeopardy. Our Milpitas criminal immigration attorneys at the Law Offices of Daniel Shanfield Immigration Defense P.C. can help you understand what happens when you’re an immigrant who is charged with a crime and what to do if you’re being threatened with removal.

To learn more about your immigration options, request an initial consultation with our firm today.

How Do Criminal Charges Affect Immigration Status?

Many people are aware that being convicted of a crime can impact immigration status, but what you may not know is that even being charged can potentially create an immigration issue. While the criminal court requires that you have been found guilty beyond a reasonable doubt to be convicted and sentenced, immigration law treats these matters differently. The burden of proof is lower, and it’s possible that you could be deemed inadmissible to the United States or even face removal proceedings.

What Does an Aggravated Felony Mean in Immigration Law?

The two most serious types of criminal convictions for immigration cases are crimes of moral turpitude and aggravated felonies. However, many people understandably get confused because immigration law often defines aggravated felonies differently than the state thresholds. Even misdemeanor charges can qualify as aggravated felonies under federal immigration law and potentially result in automatic removal proceedings and limited relief options.

What Happens If the Charges Were Dropped?

If your charges were dropped or dismissed, you won’t face criminal consequences. However, there could still be an impact on your immigration case. Immigration officers still have the authority to review arrest records and possibly pursue removal proceedings if they have evidence to believe that you committed the crime. Demonstrating that the charges were dismissed, particularly due to insufficient evidence, can be beneficial for your immigration case and may open up a greater range of relief options.

How Can You Fight Removal Proceedings?

If you received a Notice to Appear after being charged or convicted of a crime, it’s critical to get legal representation as soon as possible. This is a serious situation, and it’s important to act quickly. An attorney can review the government’s reasons for removal and determine if they are related to the criminal charges and what relief options may be available. You will need to present strong supporting evidence for your case, and there are strict deadlines to be aware of. At the Law Offices of Daniel Shanfield Immigration Defense P.C., our criminal immigration attorneys in Milpitas can help you understand what you’re up against and how to respond.

Call  408-359-4388 to schedule an initial consultation with our experienced immigration lawyers.