Serious and Hidden

For anyone who is not an American citizen, it is essential that the potential adverse consequences that arise from non-citizen status be addressed in a criminal case. Pleas of guilty that seem easy or harmless at first may have dramatic negative effects later on. Such consequences include deportation (now called removal), delay of naturalization, or classification as "inadmissible", where one can never legally remain in the United States for any reason. Furthermore, there may be long detentions in custody with no definite termination date.

The Law Offices of J.P. Lavallee employs a three-part analysis for immigration aspects of criminal cases:

1. Determine the immigration status of the defendant, both present, past and future: are they intending to remain at all? Are they on a visa? Do they have a "green card"? Do they wish to obtain lawful permanent residence and eventually citizenship? Are they married to a United States Citizen?

2. Determine the exact charge and all of the potential consequences. This must involve consideration of the possible pleas and potential alternative charges. It may even require holding the prosecution to their burden of proof via a trial even if the case seems hopeless.

3. Consider any possible immigration relief, including waivers or relief from removal proceedings.

There are many aspects of criminal charges that can cause problems. The most common are aggravated felonies, and crimes of moral turpitude.

What is an aggravated felony?

These can include crimes that are neither aggravated or felonies in the criminal case! There are pages of crimes in the United States Code that constitute aggravated felonies. The law is complex and changes rapidly and each case must be discussed individually. Many times a sentence of more than one year is required, but this is not always the case.

What is a crime of moral turpitude?

This is vaguely described in the United States Codes. It does not depend on whether the crime is a felony or misdemeanor. It is a crime of "baseness, vileness or depravity in the private and social duties owed to society." Narcotics crimes, even simple possession, can be considered crimes of moral turpitude and can subject a non-citizen to removal. Domestic violence crimes can also have the same effect. It is crucial to consider the hidden consequences in evaluating any potential disposition in the case.

Re-Entry Risks

Any trip outside the United States can trigger an action by the Bureau of Citizenship and Immigration services. Even if there was no action taken at the time of a conviction, when the person tries to re-enter the United States, all of the inadmissibility grounds can surface and the person can be seized at the border, detained and removed from the country. If there are additional re-entries after a deportation order, then there can be serious criminal consequences.

Serious And Adverse Consequences

Criminal charges can have serious and adverse consequences for those who are not United States Citizens. Convictions can be the basis for removal. In fact, some misdemeanors can be the basis for removal, as they may be considered analogous to felonies due to the nature of the crime.

In certain cases, like that of a “narcotics addict” a conviction is not even required for removal. Thus it is imperative that any non citizen be aware of the immigration consequences before entering a plea to any crime.

There may be alternative pleas, or a carefully crafted plea deal and record that will preserve a non-citizen’s right to remain in the United States.

Even lawful permanent residents are subject to removal – only US Citizens are not. Most people do not plan to be criminals.

Consider the following example:

Juan has been living in the United States for 12 years. He is a lawful permanent resident with a green card. He does not want to get US citizenship because it takes some time, costs some money, and he has had some problems with the forms. Also, he thinks it is really not so important because he is able to work and earn a nice living.

His home has a bathroom with a leak that caused wall damage, so he hires a plumber and a painter and gets it fixed. He is upset about the price, but knows he could not fix it himself, and did not trust his friend who has a good set of tools to do it for him – he cares and wants it done right.

If Juan had taken steps and become a US Citizen, there would be no immigration problems with the scenarios below.

Multiple Scenarios For Trouble

DUI (Driving Under the Influence)
He goes out to the company holiday party and has a few drinks. He gets picked up for a DUI. His driver’s license is suspended. He drives and gets picked up driving on a suspended license.

Even though he is a lawful permanent resident he now has committed a crime of “moral corruption” – not the DUI, but he driving! He is now potentially deportable. If he were a US citizen he would have no issues. For the price of the plumber he could have had his documents prepared by a lawyer, and protected his life, his job and his home from this catastrophe.

Domestic Violence
He breaks up with his girlfriend, who gets mad at him and lies to the police, saying he took her telephone, and threw it at her. She shows them the broken phone. He is accused of a domestic violence crime and must appear in court.

Drugs
His son’s girlfriend leaves the prescription drugs in his car, and they are found when he gets stopped for having a broken tail-light. He is arrested an accused of possessing controlled substances – a narcotics crime. The DA contacts ICE and he is not permitted out of jail on bail. He misses work and loses his job.

Because the consequences are hidden and serious, contact the Law Offices of J.P. Lavallee for specific advice on a case-by-case basis.

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