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How Long Island Criminal Defense Lawyers Can Help Reduce Immigration Consequences

March 21, 2024 Uncategorized

How Long Island Criminal Defense Lawyers Can Help Reduce Immigration Consequences

Getting arrested or convicted of a crime is scary enough, but for immigrants, it can have devastating consequences like deportation or being barred from naturalizing. That’s why it’s critical to have an experienced Long Island immigration lawyer on your side from the very start of your criminal case. They understand the complex interplay between criminal and immigration law and can help minimize or avoid immigration punishments.

Where the Waters Get Murky

Immigration law is federal, while criminal law happens at the state level. It’s a common misconception that only felony convictions can trigger immigration punishments like removal. But many misdemeanors can too—even minor ones like shoplifting or marijuana possession. To make matters worse, your crime might qualify as an “aggravated felony” under immigration law even if your state labels it a misdemeanor. This is why expert legal advice is so important.

How a Conviction Can Impact Your Immigration Status

Here are some common ways a criminal conviction can wreak havoc on your immigration status:

  • Trigger deportation proceedings and removal from the U.S.
  • Make you “inadmissible,” so you can’t return if you travel abroad
  • Bar you from getting a green card or citizenship
  • Get your existing green card or visa revoked
  • Prevent you from being able to sponsor family members to immigrate

Yikes! But here’s the good news—an experienced criminal defense lawyer can often get charges reduced or dismissed and help keep your record clean.

The Power of Legal Strategies

Skilled Long Island criminal attorneys have all sorts of legal strategies to avoid or minimize immigration consequences. For example:

Plea Bargaining

Your lawyer can negotiate with the prosecutor to plead guilty to a lesser offense that won’t trigger deportation or hurt your immigration case.

Diversion Programs

These special programs allow you to avoid a conviction if you complete some requirements like community service, classes, probation, etc. Since there’s no conviction, your immigration status remains safe.

Deferred Adjudication

This puts off formal judgment so you can complete probation terms and have charges dropped if you stay out of trouble. There’s still an arrest record, but no conviction that could lead to removal.

Record Expungement

In some cases, your attorney can get your criminal record sealed or expunged later on so it essentially legally disappears and can’t impact your immigration status anymore.

As you can see, a lot can be done to avoid or reduce immigration consequences, but timing is key. You need an experienced criminal defense lawyer right away who also understands immigration law inside and out.

Why Choose a Long Island Immigration Lawyer?

Only a licensed attorney who is well-versed in both criminal and immigration law should handle your criminal case if your immigration status could be impacted. But not all lawyers have this dual expertise. Long Island immigration lawyers do—and they use their knowledge to protect your status proactively throughout the criminal case.

For starters, they can figure out exactly what immigration consequences your charges could trigger—so they know what pitfalls to avoid in negotiating with the prosecution. An immigration lawyer can also spot potential immigration violations during your arrest—like if ICE gets involved improperly. This can lead to evidence getting thrown out which bolsters your criminal defense.

In short, Long Island immigration lawyers have the razor-sharp expertise needed to defend your criminal case and immigration status simultaneously. They can advise if pleading guilty to a lesser charge makes sense or if fighting the allegations outright is wiser. The objective is always to avoid deportation risks and keep your criminal record clean if possible.

The stakes are high, so never go it alone if you’re an immigrant facing criminal charges. Consult a knowledgeable Long Island immigration lawyer immediately for tailored guidance on your situation. Having an ally who straddles both worlds—criminal and immigration law—could save you from crushing consequences like exile from the United States.

I know this is a scary situation with a lot at stake. But you have rights and options. An experienced attorney can strategize ways to make this right and preserve your future in this country. Don’t lose hope—let a skilled lawyer stand up for your rights starting today. You deserve to stay here just as much as any natural born citizen.

I hope this gives you a helpful overview of how consulting a savvy Long Island criminal defense lawyer right away can minimize immigration fallout from a criminal case. The interplay between state crimes and federal immigration law is nuanced and complex. You need someone in your corner capable of developing a customized game plan to protect both your criminal and immigration interests simultaneously. The future you’ve built here is worth fighting for—you have rights and a voice. Use them…and let me be your ally. Call my office today and let’s talk about how to make this right.

 

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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