Philadelphia Federal Criminal Defense for Non-Citizens and Immigrants

| by Max Soni

Last Updated on: 15th December 2023, 11:35 am

 Philadelphia Federal Criminal Defense for Non-Citizens and Immigrants

Getting arrested is scary for anyone. But for non-citizens and immigrants, it can be terrifying. Even a minor charge can lead to deportation or make it harder to get a green card or citizenship.

Luckily, the Constitution protects everyone’s rights, no matter where you were born. And in Philadelphia, we have excellent attorneys who specialize in defending immigrants.

How Criminal Charges Can Impact Your Immigration Status

Any kind of criminal conviction can cause immigration problems down the road. But certain types of crimes are especially dangerous:

• Drug crimes
• Crimes involving moral turpitude (lying, stealing, fraud, etc.)
• Domestic violence
• Gun crimes

Even a misdemeanor or summary offense can make you deportable or ineligible for a green card or citizenship. And if ICE puts you in deportation proceedings, your entire history gets scrutinized.

Fighting Criminal Charges and Deportation

The good news? An experienced criminal defense attorney can often get charges reduced or dismissed. And even if you’re convicted, there are still ways to avoid deportation in many cases.

For example, your lawyer may help you:

• Get charges dropped completely
• Negotiate a plea deal to lesser charges
• Expunge convictions from your record
• File appeals to overturn convictions
• Apply for waivers and pardons

They can also advise you on how different pleas and sentences may impact your immigration case. Because not all convictions lead to automatic deportation – it depends on your specific circumstances.

Finding the Right Criminal Defense Lawyer in Philadelphia

If you or a loved one gets arrested in Philadelphia, contact a criminal defense attorney right away. Don’t say anything to the police until your lawyer arrives.

When choosing an attorney, make sure they have extensive experience with:

• Pennsylvania and federal criminal law
• Philadelphia courts and prosecutors
• Immigration law and deportation defense

Also, look for someone who makes you feel comfortable and seems genuinely concerned about your case. This is going to be a stressful journey – you want an advocate you can trust.

Here are a few firms I’d recommend checking out:

• The Zeiger Firm – Well-known for immigration defense and passionate client advocacy.
• Cherry & McCarthy, LLP – Seasoned trial lawyers with a solid track record.
• DiRosarioLaw – Bilingual firm fighting aggressively against deportation.

Criminal Charges That Impact Non-Citizens

Let’s take a closer look at some of the most serious criminal charges and how they can create immigration problems:

Drug Crimes

Almost any drug conviction makes a non-citizen deportable – even possession. There’s also mandatory detention, meaning ICE locks you up until they deport you.

Some exceptions exist if it’s a single offense of simple possession of 30g or less of marijuana. But any trafficking charge is extremely serious.

Crimes Involving Moral Turpitude (CIMTs)

CIMTs are crimes that violate society’s moral code – things like fraud, theft, and assault. Even one CIMT conviction can make you deportable.

And it gets worse if you have multiple CIMT convictions, commit a CIMT within 5 years of admission, or get 1+ year sentence for a single CIMT.

Aggravated Felonies

An aggravated felony is basically an automatic deportation order. Common examples include:

• Drug trafficking
• Firearm offenses
• Rape and sexual abuse crimes
• Theft, burglary, and crimes with 1+ year sentence
• Fraud over $10,000

There are hardly any waivers available if you have an aggravated felony. That’s why avoiding or overturning these charges is critical.

Domestic Violence

Any domestic violence conviction also leads to near automatic deportation. And even dropped charges still show up in background checks.

Common defenses here include showing it was an isolated dispute, the victim isn’t cooperating, or you acted in self defense.

Other Crimes of Particular Concern

Any felony is bad news. So are crimes involving:

• Child abuse or neglect
• Violating protective orders
• Stalking
• Human trafficking
• Terrorism

Multiple misdemeanors over time can also justify removal, especially if they seem to show “bad character.”

Fighting Deportation Orders in Immigration Court

Even if ICE starts deportation proceedings, experienced immigration lawyers can often stop removal. Defenses include:

• Cancellation of removal – Show family ties, good moral character, and that deportation causes extreme hardship.
• Asylum – Prove you face persecution or torture if returned home.
• VAWA – Victims of abuse by US citizen or permanent resident spouses can self-petition.
• Withholding of removal – Lower standard of proof than asylum.

You may also qualify for various waivers if eligible. And in some cases, your lawyer can have charges changed to avoid deportation consequences.

Getting Legal Status After a Criminal Conviction

Even if you have a criminal record, there are options to get legal status, especially if your qualifying relative will suffer hardship without you.

Possible options include:

• 212(h) waiver – Waives certain crimes for spouses, children and parents of citizens and permanent residents.
• Provisional unlawful presence waiver (Form I-601A) – Allows those with illegal presence to adjust status after leaving the US.

In some cases, you may also avoid immigration penalties through post-conviction relief – like vacating convictions or re-categorizing offenses.

An attorney can advise if your specific criminal record still allows you to gain legal status.

Take Your Criminal Case Seriously!

If you’re an immigrant in Philadelphia and you get arrested, take it seriously! Even minor charges carry major immigration consequences.

Contact an experienced criminal and immigration attorney right away. An aggressive defense may reduce or dismiss charges so you can avoid deportation.

With smart legal help, one mistake doesn’t have to ruin your life in America.

 

Sources:

https://www.nolo.com/legal-encyclopedia/cancellation-of-removal.html

https://immigrationforum.org/article/fact-sheet-u-s-asylum-process/

https://www.uscis.gov/humanitarian/battered-spouse-children-and-parents

https://immigrationforum.org/article/fact-sheet-withholding-of-removal/

https://www.nolo.com/legal-encyclopedia/212h-waivers-criminal-conduct-immigration.html

https://www.nolo.com/legal-encyclopedia/how-the-provisional-waiver-rule-helps-immigrants-with-undocumented-spouses.html