Santa Clara Criminal Immigration Attorneys

Providing Legal Services to Those Navigating Criminal Immigration Law

Being an immigrant in the United States comes with many benefits, but it also means understanding what can affect your status and how to protect the life you’ve built here. One of the main issues we see is clients who have been charged or convicted of a crime and are now worried about what this means for the immigration process. What you do in the early stages of a criminal case can significantly impact the effect it has on your immigration status. Our Santa Clara criminal immigration attorneys have the experience to help you navigate this challenging time. At the Law Offices of Daniel Shanfield Immigration Defense P.C., we can explain when and how a criminal charge can become an immigration issue, help you prepare for the different possible outcomes, and provide legal representation if you end up facing removal proceedings.

If you’re an immigrant who has been accused of a crime, contact our immigration lawyers as soon as possible by calling 408-359-4388.

Can a Criminal History Make You Inadmissible to the United States?

While being convicted of a crime after lawfully entering the United States can affect your immigration status, a criminal history in your home country can affect your admissibility and potentially keep you from being able to come to the United States at all. Criminal background checks are a key part of the immigration process, whether you are applying for a family-based immigration visa or an employment-based option.

Immigration officers will look at your previous criminal history to determine if you’ve ever been convicted of a crime and whether that crime could make you inadmissible. Even if you weren’t convicted, a pattern of arrests or charges could be cause for concern, and you may be asked to provide more information about what happened. Immigration officers also look at your complete criminal record, which means even something that happened many years ago could resurface as a potential issue.

Having a criminal conviction on your record doesn’t automatically disqualify you from coming to the United States. Immigration officers are generally looking for offenses that involve intent or dishonesty, such as assault or theft, drug-related offenses, and charges that indicate there could be a risk to national security. Having multiple convictions on your record can increase the chances of being deemed inadmissible.

If you’re worried about how your criminal history may affect your immigration application or your chance to establish permanent residency in the United States, our attorneys can help you identify potential issues and discuss your options. In some cases, you may be able to file a waiver of inadmissibility that can allow you to overcome these circumstances and continue your immigration journey.

How Do Criminal Charges Affect Your Immigration Status?

Facing criminal charges and the possibility of conviction is difficult under any circumstances, but when your immigration status is in jeopardy, it’s even more serious. How a criminal charge can affect your immigration status depends on the type of charge, the outcome, and your current standing in the United States.

What Types of Criminal Convictions Can Impact Immigration Status?

While any criminal charge or conviction could potentially impact your immigration status, aggravated felonies and crimes involving moral turpitude are generally the most serious. A conviction for an aggravated felony is grounds for deportation and can trigger automatic removal proceedings.

It’s important to note that federal immigration law has its own definition of what an aggravated felony is, and this could potentially be different from how a charge is classified in the state where it was committed. For example, failing to appear in court can be charged as a misdemeanor in California, depending on the case, but it’s an aggravated felony under federal immigration law.

Crimes involving moral turpitude are those that generally involve some type of fraud, theft, or intent to harm. Murder, manslaughter, and aggravated assault are considered crimes involving moral turpitude, as are rape, bigamy, and incest. Two of the most common crimes involving moral turpitude that can cause immigration issues are theft and domestic violence. Even something as simple as shoplifting could end up impacting your immigration status, making you inadmissible to the United States or even triggering removal proceedings.

Outcome of the Charge

Not all criminal charges result in convictions. Depending on the situation, the charges could be dismissed, you could be acquitted, or you could be offered a sentencing alternative, such as probation or deferred adjudication. While a conviction can be especially difficult to overcome, you can still face immigration challenges even without a conviction.

Immigration proceedings differ from criminal court, and the same standards of proof don’t apply. In fact, immigration authorities can start removal proceedings if they believe there is enough evidence that you committed the crime, even if you were acquitted or the charges were dropped. Immigration officers often rely on admissions of criminal activity during interviews to make their case, so you mustn’t answer questions without an attorney present.

Current Immigration Standing

Your current immigration status can also impact what consequences you could face if you are charged with or convicted of a crime. Undocumented immigrants are the most at risk, as a criminal charge can result in mandatory detention and expedited removal proceedings. Visa holders can have their visas immediately revoked. Green Card holders may have more protections, but depending on the charge, they could also lose their permanent residency status and be subject to removal proceedings.

Depending on the type of charge and the outcome of the case, you could be permanently banned from returning to the United States, so it’s important to take any interaction with law enforcement seriously. If you have been accused of a crime, it’s important to consult an experienced lawyer.

Contact our criminal immigration attorneys in Santa Clara to understand your next steps and how to protect your status.

Can You Face Removal Proceedings If You’re Convicted of a Criminal Offense?

Certain criminal convictions can trigger removal proceedings, which are commonly referred to as deportation. Removal proceedings are handled by the immigration court and are entirely separate from the criminal justice system. The first indication that you could be facing removal proceedings is generally a Notice to Appear. This means that you are required to appear in front of an immigration judge to determine if you meet the grounds for deportation.

You must contact an attorney as soon as you receive your Notice to Appear. These cases move quickly, and an immigration attorney can represent you in proceedings and advocate on your behalf. Your Notice to Appear should list the reasons for the removal proceedings, which gives your attorney a place to start investigating what happened and whether you may have any options to stop deportation.

What Can You Do to Stop Deportation?

While receiving a Notice to Appear means that removal proceedings have been initiated, it doesn’t mean that deportation is inevitable. In some situations, there are legal options you can use to potentially stop your deportation and remain in the United States.

Asking for a Cancellation of Removal

A cancellation of removal is one deportation defense option that can allow you to stay in the United States. In general, you need to show that you have maintained a continuous physical presence in the United States for the required length of time and that your removal would be a significant hardship for other family members remaining in the country.

Another requirement is having maintained good moral character during your time in the United States, which could present a challenge when criminal charges are involved. An attorney can help you determine if this is an option for you and how to move forward.

Challenging the Notice to Appear

Challenging the Notice to Appear relies on arguing that the grounds for the removal proceedings don’t meet the legal or factual requirements. Your attorney may be able to argue that the allegations against you are inaccurate. For example, if the charge didn’t qualify as an aggravated felony under immigration law or a crime involving moral turpitude, it may not meet the requirements to initiate removal proceedings.

Requesting Asylum or Withholding of Removal

If your deportation would put you at risk of persecution or harm in your home country, you may be able to defensively request asylum or withholding of removal to stop removal proceedings. These claims rely on strong evidence, and you will need to be able to show that you would likely suffer persecution based on a specific class, such as race, religion, political opinion, nationality, or a particular social group.

The process for withholding removal generally has stricter requirements than requesting asylum, and it’s important to discuss each option with your attorney to ensure that you understand what each involves. You also must request asylum within one year of your arrival in the United States, unless there are extraordinary circumstances, so this may not be an option if you’ve been in the country for longer than that.

Schedule An Initial Consultation With Our Criminal Immigration Attorneys in Santa Clara

Criminal charges and convictions can impact your immigration status, but there may be options to minimize the consequences. The attorneys at the Law Offices of Daniel Shanfield Immigration Defense P.C. have extensive experience with criminal immigration cases, and we’re here to help.

Contact our office at 408-359-4388 to speak with a member of our team about your charges and what your next steps should be.