Crimmigration: Navigating Immigration Law

Immigration law in the United States is exceptionally complicated and wrought with unnecessary difficulties. To complicate matters further, if one entered the United States without inspection and has accumulated years of unlawful presence, then traveling through our immigration system becomes an even more daunting task. However, it is not impossible, depending on the facts and circumstances of your life, which include your family and criminal history.

What Is Crimmigration In North Carolina?

The word “crimmigration” refers to the extra punishment you can face if you get convicted of a crime in North Carolina as a non-U.S. citizen. Besides the same penalties a citizen would face, such as a fine and time behind bars, you could also face deportation. Even a conviction for a relatively minor crime could cost you your education or career in this country and separate you from your family. This is why you need an immigration lawyer as well as criminal defense help after an arrest.

The Cross Area Of Immigration And Criminal Law

Many times, we are fortunate enough to represent individuals who are noncitizens facing criminal charges. Depending on what the charges are, they can have severe consequences on your ability to stay in the United States. That is why it becomes imperative that you find an attorney (and corresponding law firm) who not only understands and excels in representing clients in immigration law but also criminal law.

Every criminal charge requires due diligence to ensure that there are no immigration consequences. If there are, the client needs to be immediately apprised of them. Of the many types of crimes, some mandate even more attention.

Some of the types of crimes that one needs to be very cautious about are the following:

• Crimes involving moral turpitude, such as those committed with the intent to defraud or permanently deprive someone of their property or cause them great bodily harm.
• DUI and public intoxication.
• Aggravated felonies, such as drug possession with intent to distribute.
• Controlled Substances Act violations, which is the federal drug crime law.
• Domestic violence-related offenses, such as assaulting a spouse or child.
• Larceny, which is the legal term for theft crimes like embezzlement. Certain petty larceny crimes do not create a deportation risk.

Furthermore, depending on whether or not one has status and what type of status one possesses, these categories may be different and could potentially have even more grave consequences.

Common Crimmigration Defense Strategies

As a noncitizen facing criminal charges, your defense strategy must consider your immigration status as well as your freedom. Common crimmigration strategies include:

• Getting involved in the case and investigating the evidence against you before you are charged. The earlier your immigration lawyer gets involved, the more options you might have for avoiding deportation.
• Challenging evidence based on its validity or if the police violated the law to obtain it. Getting evidence thrown out can lead to reduced or dismissed charges against you.
• Negotiating a plea agreement structured to minimize the risk of triggering removal proceedings.
• If you are convicted at trial, advocate for a sentence that reduces the risk of immigration consequences.

The Criminal Disposition

It is the judgment in the criminal case, along with any “admissions,” that is likely what becomes part of the evidence used against an individual in immigration proceedings. Accordingly, it becomes important to ensure that our legal service is tailored in a manner that keeps this very important point in mind. If, for instance, an individual receives a dismissal in his/her criminal case but in the process “admits” his/her guilt, then that in and of itself is treated in the same manner as if the person pleaded guilty for the purposes of immigration proceedings. Thus, not proceeding with the highest level of caution can ultimately cause the noncitizen to be removed. Consulting an immigration law firm that has a specialist in criminal law can prove to be an asset in navigating both immigration and criminal court. Thank God, Guirguis Law is one of those law firms.

Next Steps

If you or a loved one has been arrested and charged with a crime and you believe your immigration status could be at stake, contacting Guirguis Law, P.A., should be your first move. Our immigration and criminal defense lawyers will fight by your side to keep you in this country. Call 919-874-1445 or reach out online for a consultation. We can meet you in person or talk on the phone.