Immigration Criminal Attorney in Eatontown, New Jersey
Are you a foreign national / immigrant charged or convicted of a crime? It can be devastating. And you might feel that your dreams are starting to fade away. You may be unable to sleep by thinking about when your deportation notice will arrive.
Your “American Dream” can be compromised if you have been charged or convicted of a criminal crime. But you must be aware that having a criminal record or being convicted of a crime does not automatically mean you will be required to leave the country. You still have rights, even if you are not a United States citizen. A competent and qualified immigrationcriminal defense lawyer could walk you through the consequences of your crime while protecting your rights and giving you your best options.
Contact our law office today and request a free consultation! Learn how we can help solve your immigration concerns.
Why do I need an Immigration Criminal Lawyer in New Jersey?
If you are being charged with a crime in New Jersey, you need an immigration criminal attorney who you can trust and who has faced significant immigration cases successfully. Criminal allegations can badly affect your immigration status. Immigration overlapping with criminal law makes the process more complex and confusing.
Andres Mejer Law understands how immigration and criminal law work. Our lawyer has handled thousands of cases skillfully and protected thousands of immigrants, upholding their rights in the process. We are capable of assessing the best strategy and solution applicable to your situation and direct you through every step in the process.
We understand how critical it is for your immigration status to do it right and in a manner that could minimize and eliminate any negative consequences of your criminal case.
Today is the best time to talk about your immigration problems. Dial our number now!
What Is Crimmigration?
Have you heard of the word “crimmigration?” Crimmigration is a term where immigration law and criminal law intersect.
Criminal law and immigration law used to be two separate spheres. Criminal cases were handled by state or local prosecutors, defense lawyers, and judges.
On the other hand, immigration cases were handled by the immigration court system. The U.S. criminal justice system punished United States citizens and non-citizens with criminal charges. Migrants who violated immigration law would be sent back to their home countries.
But things have changed significantly because criminal and immigration laws are so closely related that immigrants frequently can’t tell the differences between the two. It is often difficult to identify where the criminal justice system ends, and the immigration process begins.
Currently, if you are a non-citizen being charged with a criminal crime in New Jersey, your immigration status may be affected. Even relatively minor criminal charges can significantly impact your immigration status. You might face deportation for being charged with a crime even if you were not convicted. And even if you have avoided deportation, your record will still reflect your criminal case.
What Are The Immigration Consequences of Crimes in New Jersey?
Being charged with crimes in New Jersey has immigration consequences for non-citizens. And the consequences are severe and can impact your ability to stay, enter, or re-enter the United States.
Additionally, it may affect the availability of discretionary forms of immigration relief and your ability to obtain citizenship in the United States.
Commonly referred to as removal, deportation occurs when the federal government formally removes a foreign national from the United States for violating immigration or criminal law. A non-citizen will lose the right to enter the United States again even as a visitor once deported, according to 8 USC 1227.
Inadmissible individuals are not allowed by federal law to receive visas and are ineligible to be admitted to the United States. You can become inadmissible to the United States if you have been convicted of, admit to having committed, or admit to acts comprising essential elements of a crime involving moral turpitude.
If you are labeled as inadmissible by the United States immigration court, you are not allowed to
- Re-enter the United States lawfully after leaving
- Obtain U.S. citizenship through naturalization
- Become a legal permanent resident or a green card holder
Bar to Naturalization
Becoming a U.S. citizen through the naturalization process is important to show good moral character. To qualify, you must prove that you have been and continue to be a person of good moral character in the last five years. Your naturalization application will be affected if you have been convicted or admitted to a particular criminal charge.
Although it does not mean that your U.S. citizenship application will be rejected immediately, it can significantly impact the evaluation and results of your naturalization.
Bars To Hardship Waiver, Asylum, Or Other Relief From Deportation
A person is eligible for asylum if they have either been persecuted in their home country or risk being persecuted there because of their race, religion, nationality, real or suspected political stance, or participation in a certain group. Certain offenses render asylum applications invalid. If you have been convicted of an aggravated felony or if you have been convicted of a particularly serious crime and constitute a danger to the community, you are not eligible for asylum and will be denied it.
An extreme hardship waiver is when someone asks the United States government to approve an immigrant visa or green card application even though the person has been determined to be inadmissible to the United States and is therefore ineligible for a visa. This is done when the person’s situation is so dire that they have no other option.
Other forms of relief from deportation include adjustment of status, withholding of removal, protection under the convention against torture, cancellation under the violence against women act, and more. Conviction of any criminal charge can remove your chances of availing of any deportation relief options.
Criminal Crimes And Their Immigration Consequences
Criminal crime consequences depend on the type of crime committed, its extent, and its gravity. Some crimes lead to outright deportation. Some require a prison sentence and eventual deportation after completing the sentence period. Other crimes will render you inadmissible to the United States. You can also be barred from naturalization or other deportation relief options.
Aggravated Felony Immigration Consequences
Aggravated felonies are crimes that result in serious immigration consequences for convicted non-U.S. citizens. A crime does not have to be an “aggravated” or “felony” under criminal law to be labeled as an aggravated felony. The United States federal immigration law has designated what specific crimes fall under this category.
Crimes that are considered aggravated felonies under 8 U.S.C. 1101(a)(43) include but not be limited to
- Sexual abuse of a minor
- Illegal drug trafficking
- Illegal trafficking of firearms or other destructive devices
- Money laundering
- Explosive materials offenses
- Fraudulent business dealings
- Tax evasion
- Offenses involving demands for ransom
- Child pornography
- Vehicle and human trafficking, including prostitution
- Slavery or involuntary servitude
- National security offenses
- Smuggling offenses
- Illegal reentry after being previously deported for an aggravated felony
- Theft, perjury, and violent crimes with a jail sentence of at least one year
- Spying, sabotage, or treason
- Bribery, counterfeiting, and forgery
What Happens From An Aggravated Felony Conviction?
An alien who is convicted of an aggravated felony could face any of the following immigration consequences:
- Inadmissibility without first being pardoned or paroled
- Denial of asylum (with possible exemption subject to alien’s status in his home country)
- Bar to naturalization
An immigrant convicted of an aggravated felony may also be required to serve a prison sentence depending on their crime. After serving their sentence in prison, they may face immediate deportation. If you have been convicted or are currently facing charges of an aggravated felony, know your rights and options by consulting a trusted New Jersey immigration lawyer immediately.
Crimes Involving Moral Turpitude Immigration Consequences
It is difficult to define and categorize crimes involving moral turpitude. There is no definite classification nor a black-and-white criterion. A widely accepted nature of crimes involving moral turpitude are acts that are either:
- Base, vile, or depraved conduct that shocks the conscience.
Some examples of crimes that may be considered under Crimes Involving Moral Turpitude may include but are not limited to
- Assaulting a child or police officer
- Aggravated manslaughter (1st or 2nd degree)
- 4th degree aggravated sexual abuse
- Robbery and theft crimes
- 1st degree & 2nd-degree perjury
- Spousal abuse
- Driving under the influence without a license
- Criminal threats
- Failure to register as a sex offender
- Felony hit and run
- Drug crimes
- Receiving stolen property
- Welfare fraud
- Felon in possession of a firearm
Crimes involving moral turpitude (CIMT) have their unique immigration and criminal consequences. Immigration judges may consider various considerations when determining whether or not a non-citizen accused of a crime should be found guilty of a crime involving moral turpitude.
What Happens From A Conviction for Crimes Involving Moral Turpitude?
Individuals who are not U.S. citizens and have been convicted of a moral turpitude crime may be deported or denied entry to the United States. Undocumented immigrants could face tough consequences if found guilty of the crime.
A person who has been convicted of a crime that involves moral turpitude may be subject to deportation if they meet any one of the following conditions:
- Two or more crimes involving moral turpitude conviction
- A single crime involving moral turpitude conviction within five years from entering the United States results in a prison sentence greater than a year.
Crime involving moral turpitude can be confusing. The lack of proper classification and criteria can be subject to multiple interpretations. Suppose you need assistance and legal advice about crimes involving moral turpitude. In that case, speaking with a competent immigration criminal defense attorney well-versed in this field is highly recommended.
Crimes of Violence or Domestic Violence Immigration Consequences
Domestic violence refers to violent or abusive acts by one family member or household against another. Domestic abuse can take many forms, including physical violence, sex crime, and psychological and emotional abuse, such as control, coercion, and threats. A crime of violence may also be considered an aggravated felony under 8 U.S.C. 1101(a)(43) and poses additional consequences.
The Immigration and Nationality Act defines a crime of domestic violence as a crime of violence committed against
- Someone the defendant has a child with
- Live-in partner
- Any other person protected under the domestic or family violence laws of the United States or the state of New Jersey
A criminal conviction must fall under one of the following criteria to be characterized as a crime of violence:
- An element of the crime is the use, attempted use, or threatened use of physical force against the person or property of another.
- The offense is a felony that, by its nature, involves a substantial risk that physical force against the person or property of another will be used in the course of committing the crime.
What Happens From A Conviction for Crimes of Violence or Domestic Violence?
You can be deported if you are found guilty of domestic violence or crimes of violence, you can be deported. And to be deported, you only need a single domestic violence conviction.
It takes careful consideration to determine whether a conviction qualifies as domestic violence or crimes of violence. Legal advice from a qualified immigration criminal attorney in New Jersey can help you navigate this complex process smoothly.
Crimes Against Children Immigration Consequences
Child abuse, neglect, and abandonment are all considered crimes against children. There are no particular laws that categorize specific crimes as crimes against minors. There are also no specific laws that prevent such crimes. Instead, certain offenses committed against children are classified as “crimes against children” and have specific consequences.
Crimes that may be considered crimes against minors if the victim is younger than 18 years old include, but are not limited to, the following:
- Domestic violence (such as physical or sexual child abuse)
- Reckless endangerment
- Unlawful imprisonment
- Obstruction of breathing
- Endangering the welfare of a child
What Happens From A Conviction for Crimes Against Children?
A non-citizen guilty of a crime against children may be deported and required to leave the United States. In addition, some crimes against children may also qualify as another form of an aggravated felony, resulting in further immigrationsanctions. Assaulting a kid, for instance, may be regarded as both a crime against a child and a crime involving moral turpitude, resulting in the immigration penalties associated with both types of offenses.
The law that determines which criminal convictions are considered crimes against children is complex and can be confusing. A knowledgeable New Jersey immigration lawyer can greatly help ensure you are properly guided, and your rights are always protected.
Controlled Substance Offenses Immigration Consequences
Controlled substance offenses include any crime involving possessing, selling, and transporting illegal drugs or drug paraphernalia. Some crimes involving controlled substances can also be considered Aggravated Felonies and Crimes Involving Moral Turpitude (CIMT), which can badly impact your legal immigration case status.
What Happens From A Conviction for Controlled Substance Offenses?
A person found guilty of controlled substance offenses may be subject to deportation or deemed inadmissible to the United States. Other possible immigration consequences may also include
- Mandatory sentence in prison
- Ineligibility for legal residency
- Loss of asylum status
- Short-term or long-term ban on securing U.S. citizenship
The only exception that restricted substance offenses are punishable by deportation is first-time offenses involving possessing 30 grams or less of marijuana for personal use.
If you are convicted of a controlled substance offense, your immigration case status can be at risk. A well-experienced immigration criminal defense lawyer who understands immigration law and knows how to protect you is your best option.
Firearms Offenses Immigration Consequences
Firearms crimes involve specific weapons, such as firearms, explosives, and similar devices. Some firearms offenses may also be aggravated felonies with additional immigration and criminal implications. Firearms offenses may include but are not necessarily limited to
- Selling illegal firearms
- Buying illegal firearms
- Trading illegal firearms
- Unlawful gun possession
What Happens From A Conviction for Firearms Offenses?
If a non-citizen is found guilty of a firearms offense, two things can happen, deportation or inadmissibility.
A non-citizen’s chances of being removed from the United States are subject to their type of firearms crimes. If the firearms offense is labeled as a crime involving moral turpitude, the non-citizen may not be allowed to enter the United States.
Take action to safeguard yourself. Let your credible immigration criminal attorney in New Jersey be your strongest and best defense.
Prostitution and Commercialized Vice Immigration Consequences
Crimes related to prostitution and other commercialized vice are offenses in which sexual actions are exchanged for monetary compensation. These convictions apply to individuals selling their sexual services in exchange for payment or the person paying for such services.
What Happens From A Conviction for Prostitution or Commercialized Vice Crimes?
Per Section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, anyone who enters the United States with the sole, primary, or incidental purpose of engaging in prostitution or who has done so within ten years of applying for a visa, admission, or adjustment of status, is inadmissible.
The concept of prostitution for immigration case purposes is limited to offering sexual intercourse instead of other sexual conduct for payment. If a person offers sexual activity for payment but not other obscene behavior, they are ineligible for prostitution.
Suppose you are overwhelmed and unsure how to deal with prostitution and other commercialized vice charges. In that case, it is in your best interest to talk to a reliable New Jersey immigration criminal lawyer to guide you.
Call our Experienced Immigration Criminal Attorney Now!
Convictions for crimes can have a very serious impact that can last a very long time for immigrants to the United States. Crime convictions can render an individual ineligible to enter the United States. Immigrants already in the country may lose their legal status, be subjected to deportation, and be prohibited from re-entering the United States permanently or temporarily.
Because of these possible consequences, your rights must be protected if you or someone you care about is facing a criminal conviction in New Jersey. Andres Mejer Law, a well-seasoned and top-rated immigration criminal lawyer, can be your best help.
Our law firm has helped thousands of immigrants solve their immigration issues successfully. And you can be one of them! So, what are you waiting for? Reach out to us now!