In the US, non-citizens facing criminal charges may encounter severe immigration consequences, including the possibility of deportation. At Okabe & Haushalter, our criminal defense lawyers in Las Vegas are experienced in helping individuals navigate the intersection of criminal and Immigration law. Here’s an overview of critical factors that could put a non-citizen at risk of deportation due to criminal charges and what options may be available.
Understanding Deportable Offenses
Deportable offenses are criminal acts or violations that, if committed by a non-citizen, could lead to deportation proceedings. The US government takes various criminal activities seriously, especially those deemed dangerous to public safety or reflect poor moral character. Crimes commonly classified as deportable offenses include:
- Crimes of “moral turpitude,” such as fraud, theft, or assault
- Drug-related offenses
- Domestic violence or child abuse
- Firearms violations
- Aggravated felonies, including murder, rape, or sexual abuse of a minor
A criminal defense lawyer in Las Vegas, such as Ryan T. Okabe from Okabe & Haushalter, can help determine whether your charges fall under deportable offenses and work with you to defend against these charges in a way that mitigates immigration consequences.
What Crimes Can Trigger Deportation?
Not all crimes lead to deportation. However, certain crimes have been specifically designated by immigration law as deportable offenses. In general, these crimes fall into categories such as:
- Crimes of Moral Turpitude: A crime involving dishonesty or intentional harm to others can be grounds for deportation, especially if committed within five years of entering the US.
- Aggravated Felonies: These are severe crimes, including drug trafficking, murder, and money laundering. Even if classified as misdemeanors under state law, they may be considered aggravated felonies under federal immigration law.
- Drug-Related Crimes: Any drug offense, from possession to trafficking, can potentially make an immigrant deportable, with few exceptions.
By working with an experienced criminal defense lawyer in Las Vegas, non-citizens facing criminal charges can better understand how their offense may be perceived under immigration law and pursue a strategic defense accordingly.
How Minor Offenses Can Impact Immigration Status
No matter how petty, any violation can make a request a significant blow in Immigration. Running a red light, uplifting, or any other minor offenses may seem minor, but when coupled with the previous offenses or any other immigration matters, they turn complicated. These individual crimes may be aggregated by immigration authorities when deciding the public’s non-citizen immigration allowances or citizenship. Furthermore, any criminal conviction, regardless of severity, could be grounds for denying future visa or green card applications.
Having a knowledgeable criminal defense lawyer in Las Vegas like Ryan T. Okabe on your side can make all the difference. He can help reduce the chances of minor offenses resulting in long-term immigration consequences.
Deferred Action and Deportation Risks
Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) are, therefore, programs through which immigration law can give temporary protection from deportation to some immigrants. Nevertheless, one’s criminal conviction powerfully puts this protected status at risk. For instance, immigrants of DACA are, in certain situations, liable to lose their status and end up being deported following certain crimes. Crimes that may lead to the loss of deferred action status include:
- Felony convictions
- Significant misdemeanors, such as domestic violence, burglary, or DUI
- Multiple minor misdemeanors that demonstrate a pattern of criminal behavior
Deferred action recipients should seek immediate legal advice if facing criminal charges. A criminal defense lawyer in Las Vegas can explore legal defenses and work to negotiate a resolution that may help preserve the non-citizen’s status.
Avoiding Deportation: Legal Options After a Criminal Charge
After facing a criminal charge, individuals at risk of deportation still have legal options. These options may include:
- Plea Bargaining: A defense lawyer may negotiate a plea deal to a lesser charge that doesn’t carry deportation consequences.
- Post-Conviction Relief: Some individuals may qualify to have their convictions vacated or reduced if they can demonstrate that they weren’t adequately informed of the immigration consequences.
- Cancellation of Removal: Removal may be an option for individuals who have been in the US for a particular number of years, have strong family ties, and demonstrate good moral character.
A skilled criminal defense lawyer in Las Vegas is essential in navigating these complex legal avenues and building a defense strategy that considers criminal and Immigration implications. Ryan T. Okabe and his team at Okabe & Haushalter are equipped to help non-citizens understand their rights and defend their legal status.
Conclusion
Criminal charges carry serious consequences, especially for non-citizens, who may face deportation if convicted. If you or a loved one is a non-citizen facing criminal charges, it’s crucial to consult with an experienced criminal defense lawyer in Las Vegas. At Okabe & Haushalter, attorney Ryan T. Okabe provides compassionate, strategic defense and can help you explore all available options to protect your immigration status. Schedule a free consultation with us to discuss your case and secure a path forward. Call us 24/7 at 415-448-7992 for the dedicated legal assistance you need.
