Convictions and Naturalization Effects
By: Aditya Mittal | Posted: 14th March 2011
Even though a criminal conviction can have grave penalty on one's immigration rank, neither criminal defense attorneys, nor judges, have a lawful duty to warn a criminal defendant of the immigration consequences of a appeal agreement or conviction. This is because immigration penalty are guarantee consequences to the criminal case, rather than direct.
"It is significant for defendants to know how criminal charges and convictions may impact their immigration rank."
The federal government has just executed several raids upon meat packing plants, poultry companies, restaurants, and other industries that use alleged illegal aliens. The difference this time around is that the government is not only in search for exile of these individuals, but federal criminal charges as well. A conviction of this kind can result in a criminal sentence of several years in prison.
"The government is pursuing federal offenses of identity theft, Social Security fraud and document fraud, all if which are felonies."
Identity theft, Social Security fraud and document fraud are all crimes for which, if convicted, an alien may be exiled. Criminal convictions may result to banishment if, the crime is deemed one of right turpitude or if it is deemed an motivated felony conviction. Crimes of right turpitude include, among many other crimes, mail fraud, counterfeiting, forgery and fake statements. An aggravated crime may be scam or deceit offenses, alien smuggling, obstruction of justice and lying under oath. Furthermore, aliens convicted of provoked felonies are also subject to special, expedited removal proceedings with minimal due process protections, cannot receive bail or bond when detained by immigration officials, have almost no means of appealing, and are barred for life from applying for a US Visa or admissions of any kind to the United States
How could these charges impact your immigration rank?
Most felony convictions, whether in state or federal court, fall under the immigration code's classification of forced felonies. A conviction of these felonies could result in taking away, deportation, or barring. An alien who is convicted, removed/deported/excluded from the United States of America, and who is then enters the United States illegally can be prosecuted and face a federal prison sentence of up to 20 years.
What can you do if you, or someone you know, are facing federal criminal charges?
If you or someone you know is facing criminal charges, contact a criminal defense attorney who is either familiar with the immigration laws or works closely with an immigration attorney to give sound guidance related to the penalty of charges and convictions. While no US Immigration attorney can promise victory, if you get an attorney involved at the start of the case, your likelihood of success increases greatly.
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Tags: criminal conviction, criminal convictions, illegal aliens, criminal defense attorneys