Too often, immigrants arrested on criminal charges are told by their criminal defense attorney to plead guilty to a crime in exchange for either a reduced charge or sentence - even if the person is innocent. However, under United States law, certain criminal convictions are removable offenses even if they involve lesser charges than what you were originally arrested for. Consequently, in cases involving DUI, drug possession, and assault, even if the charges against you are reduced to a misdemeanor, you could still face deportation. Before pleading guilty to any criminal charge, you should consult with an experienced immigration attorney who can evaluate whether or not the plea bargain will negatively affect your immigration status.

 

Deportation proceedings can be lengthy, but the government has the burden of showing that you are indeed deportable. Nevertheless, basing your defense solely on the government’s inability to meet this burden is rarely a sound strategy. An experienced deportation attorney can also investigate the availability of affirmative defenses, such as exceptional hardship to a family member or may attempt to convince the Justice Department to exercise its discretion to withhold deportation. This discretion may also be exercised if other mitigating factors exist.

 

People facing deportation proceedings can also potentially qualify for an adjustment of status if they would otherwise qualify for legal permanent residency: 

 

• As a spouse of family member of a U.S. citizen

• As an asylee or refugee

• As an employee or investor

• As a person of extraordinary ability

• Through human rights programs

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Moreover, I can evaluate if you are a good candidate for cancellation of removal, deferred action, or voluntary departure.