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Immigration Criminal Defense

25+ Years of Experience Working for You

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Accused Immigrant Defense Lawyer Boston

IMMIGRANTS FACING CRIMINAL CHARGES 

Many people are feeling concerned with the recent media attention on immigrants being targeted by the Federal Government, questioned about their immigration status and made to show proof of legal residency or citizenship and being detained by ICE.

The consequences of being convicted of certain criminal offenses has always been an important focus of Attorney Rayburn’s when representing the accused who are not citizens of the United States.

The collateral consequences of a conviction, or sometimes an admission without a guilty finding, can be devastating to a person’s future in the United States.

These types of adjudications can result in loss of certain Visas, deportation or removal from the United States, and exclusion from re-entering the United States if a person leaves the country and later tries to return. Certain criminal accusations, convictions or admissions can ruin a person’s chances for obtaining work visas, permanent residency and citizenship.

The fact is, that even being accused of certain crimes can bring you onto the radar of ICE and cause you to be taken into custody and removed from the United States, sometimes without giving you a chance to defend against the accusations. Immigration law as it is connected with Criminal Law is complicated.

Call Attorney Susan Rayburn – Criminal Defense Lawyer, Providing Legal Representation For Immigrants Charged With Crimes.

COMMONLY ASKED QUESTIONS

What happens if an undocumented immigrant is charged with a crime?

In Massachusetts, if an immigrant is charged with a crime, it can lead to various negative immigration consequences, including denial of visa applications, the commencement of deportation proceedings, being barred from re-entering the US or denial of naturalization. A charge, even without a conviction, can lead to the denial of visa applications as the federal authorities can find a “reason to believe” the person was involved in criminal activity. A non-citizen who is convicted, or who admits to sufficient facts for a conviction, can be subjected to removal or exclusion proceedings. There are certain criminal convictions or continuances without a finding which can make a non-citizen deportable including aggravated felonies and crimes of moral turpitude. Even if a person is not subjected to deportation proceedings, a criminal conviction can still make them excludable, meaning they will be denied re-entry into the U.S. if they leave the country. Another serious consequence of convictions is the possible denial of an application for citizenship. 

 
Immigration authorities can issue detainers and hold people in custody. There are many factors which influence immigration consequences including the severity of the crime and how the federal government classifies the crime. The length of potential incarceration for the offense is one factor that is considered when classifying the crime for immigration purposes. Two or more crimes of moral turpitude can lead to serious immigration consequences. Whether a person is a green card holder, in the US on a temporary visa or if they are undocumented will govern how an accusation, admission to sufficient facts or a conviction will impact their immigration status. Even a restraining order issued against a person can adversely affect their immigration status
Federal law governs immigration law and the definitions are not the same as those under Massachusetts law. It is important to know that a dismissal after a period of probation on a Continuance Without a Finding can constitute a conviction for immigration purposes. A guilty plea, a guilty finding after trial or even an admission to sufficient facts can qualify as a conviction in the eyes of the federal government, so even if a person is not considered convicted under Massachusetts law, they can still be found to be deportable, removable, have their visa cancelled or have an application for naturalization denied. There are certain types of crimes which result in deportation or other immigration consequences including certain drug offenses, domestic violence, and other crimes referred to as aggravated felonies or crimes of moral turpitude.
Crimes of moral turpitude are crimes which involve dishonesty or a lack of integrity; convictions or admissions to these crimes can lead to a variety of negative immigration consequences.
 
Bottom line: If an immigrant is charged with a crime or summonsed into a Clerk Magistrate, Show Cause or Probable Cause Hearing, it is imperative that they seek an experienced criminal defense attorney who will help navigate the complexities of the legal system with an understanding of potential immigration consequences. There are often ways that a skilled and experienced attorney can work to mitigate or avoid immigration consequences.