Facing criminal removal from the United States can be a frightening experience. If you’re facing criminal removal, you have a lot on the line–perhaps even more than you realize, which is why you should strongly consider retaining the services of a skilled Queens immigration defense lawyer as soon as you can. Monica Saran-Nace, P.C. is dedicated to helping individuals facing criminal removal, and we stand ready to put our knowledge and experience to work for you. Contact us today for a consultation.
Grounds for Criminal Removal from the United States
Noncitizens can face removal from the United States if they are convicted of certain crimes under U.S. immigration law. These grounds are broad and can apply even to offenses that may seem minor under state law. The most common criminal grounds for removal include:
- Crimes Involving Moral Turpitude (CIMTs): These are offenses that reflect dishonesty or immoral behavior, such as theft, fraud, or assault. A conviction for even one CIMT, depending on the circumstances, can trigger removal.
- Aggravated Felonies: These include a wide range of serious offenses like drug trafficking, sexual abuse, firearms offenses, and certain violent crimes. Even if classified as a misdemeanor at the state level, a conviction may still qualify as an aggravated felony under immigration law.
- Controlled Substance Violations: A conviction for almost any drug-related offense, other than a single possession of 30 grams or less of marijuana for personal use, can lead to removal proceedings.
- Firearms Offenses: Possession, use, or trafficking of firearms can make a noncitizen deportable.
- Domestic Violence or Protective Order Violations: Crimes involving domestic violence, stalking, child abuse, or violation of a protective order can also form grounds for removal.
It’s important to understand that even lawful permanent residents (green card holders) are not immune from removal based on criminal activity. If you’re unsure whether your record puts you at risk, speak with an experienced Queens immigration lawyer right away.
What Happens Once You Are Removed?
If you are removed (or deported) from the United States due to a criminal conviction, the consequences can be both immediate and long-lasting. You will be barred from reentering the U.S. for a set period—typically 5, 10, or 20 years, or even permanently in some cases. Criminal removal generally results in the following:
- Separation from your family and community, including U.S. citizen spouses or children.
- Ineligibility for future immigration benefits, such as adjustment of status, asylum, or naturalization.
- Permanent bar to reentry for those convicted of aggravated felonies or removed after unlawful reentry.
- Potential prosecution if you attempt to return to the U.S. unlawfully after removal.
In addition, removal can carry serious consequences in your country of origin, especially if you have no support system or face danger there. For these reasons, you should take any threat of removal extremely seriously and act fast to protect your rights.
Defenses Against Criminal Removal
Fortunately, removal is not always automatic. Depending on your case, there may be powerful defenses available. Common defenses to criminal removal include the following:
- Motion to Terminate Proceedings: If the government’s charges are legally or factually flawed, your attorney may challenge them outright.
- Waivers of Inadmissibility or Deportability:
- 212(c) Waiver (for certain long-time permanent residents with pre-1997 convictions)
- 212(h) Waiver (for certain crimes involving moral turpitude or controlled substances)
- Cancellation of Removal for Lawful Permanent Residents: Requires demonstrating a long-term residence in the U.S., a clean record for several years, and rehabilitation.
- Cancellation of Removal for Non-Permanent Residents: You must show continuous physical presence for at least 10 years, good moral character, and that removal would cause exceptional and extremely unusual hardship to a qualifying relative (typically a U.S. citizen or permanent resident spouse, child, or parent).
- Post-Conviction Relief: Vacating or modifying the underlying criminal conviction can sometimes eliminate the basis for removal.
- Asylum, Withholding of Removal, or CAT Protection: If you fear persecution or torture in your home country due to your identity or past experiences.
- U Visa or T Visa Eligibility: For victims of certain crimes (U Visa) or human trafficking (T Visa) who cooperate with law enforcement.
- Adjustment of Status with a Waiver: If you qualify to become a permanent resident and can obtain a waiver of your criminal ground of inadmissibility.
- Prosecutorial Discretion or Deferred Action: In limited cases, ICE may agree to close or pause your case based on humanitarian or public interest factors.
Each defense depends on the specific facts of your case, the type of conviction, your immigration history, and how long you’ve lived in the U.S. A skilled Astoria, Queens criminal removal defense lawyer can evaluate your options and build the strongest possible defense.
Contact an Astoria Criminal Removal Defense Lawyer Today
If you’re facing criminal removal from the United States, you don’t have time to spare–the sooner you reach out to a seasoned Queens immigration defense lawyer, the better. Here at Monica Saran-Nace, P.C., we have extensive experience representing individuals facing criminal removal from the U.S., and we stand ready to put that experience to work for you in your case. Contact us today for an initial consultation so we can get started working on your case.
