How Philadelphia Federal Criminal Charges Can Lead to Deportation

How Philadelphia Federal Criminal Charges Can Lead to Deportation

Getting charged with a federal crime in Philadelphia can be scary enough, but for immigrants, it also opens up the possibility of getting deported. Even if you’ve lived here legally for years, certain types of convictions can make you deportable under immigration law.

In this article, we’ll break down how federal charges in Philly can impact your immigration status and ability to stay in the country. We’ll also discuss potential defenses that could help you avoid negative consequences.

How Criminal Charges Can Trigger Deportation

Under the Immigration and Nationality Act (INA), your immigration status can be impacted if you get convicted of certain offenses the government labels “crimes involving moral turpitude” or “aggravated felonies.”

Crimes of moral turpitude refer to offenses that violate accepted moral standards, like fraud or theft. The government’s definition is pretty vague, but these charges open up the possibility of deportation proceedings.

Aggravated felonies involve more serious crimes like drug trafficking, money laundering, and certain firearms offenses. Getting convicted of one of these is almost a one-way ticket out of the country.

In Philly federal court, common charges that could trigger immigration consequences include:

• Drug crimes – Trafficking or distribution charges are aggravated felonies
• Fraud offenses – Mail, wire, bank or tax frauds are crimes of moral turpitude
• Firearms offenses – Unlicensed dealing is an aggravated felony
• Money laundering – Considered an aggravated felony

The bottom line is that a wide range of federal convictions can get you deemed “removable” from the U.S. under immigration law. Even minor drug possession charges can endanger your status if you’re not a citizen.

Defenses Against Deportation

Facing deportation because of a criminal conviction is scary, but all hope isn’t lost. Here are some potential defenses a skilled immigration lawyer may be able to use to help you stay here:

• Win at trial – Beating the criminal charges altogether prevents immigration consequences down the line.
• Plea to non-removable offense – Negotiating a plea deal to a minor offense that doesn’t trigger deportation may be possible.
• “Cancellation of removal” – Long-time legal residents can sometimes qualify to have removal cancelled and keep green card.
• Asylum – Those with a credible fear of persecution in home country can apply for asylum.

An experienced criminal defense attorney working closely with an immigration lawyer can devise creative strategies to help you avoid negative immigration outcomes. Don’t go it alone!

What Happens After ICE Places a Detainer?

Many immigrants arrested on federal charges in Philadelphia will have an ICE detainer placed on them. This means that after the criminal case ends, ICE wants you transferred to their custody to start deportation proceedings.

Unfortunately, recent court decisions have limited defenses against these detainers. However, an immigration attorney may still be able to get the detainer dropped by highlighting legal defects or showing you aren’t actually deportable. It’s a long shot, but may work occasionally.

If you end up in ICE detention, your lawyer can request an immigration bond hearing to argue for your release while the case is pending. They can also file challenges to removal or applications for relief like asylum.

How a Federal Conviction Impacts Other Immigration Applications

A federal criminal conviction doesn’t just matter if you’re already facing deportation. It can also ruin future efforts to gain legal status.

For example, if you’re undocumented but eligible to apply for a green card through a family member, a criminal record can make you “inadmissible.” Say goodbye to getting that green card.

In some cases, you may be able to file a waiver application asking for forgiveness of past offenses when seeking status. But these aren’t guaranteed to be approved.

The bottom line is any non-citizen contemplating applying for immigration benefits in the future needs to be very cautious about picking up federal convictions along the way.

Consult an Experienced Immigration Attorney

Trying to navigate the immigration consequences of criminal charges without an attorney knowledgeable in this specialized field is extremely unwise. Only an immigration lawyer has the expertise to guide you through the complex interaction of criminal and immigration law.

Don’t leave your ability to stay in this country in the hands of a typical defense lawyer not versed immigration rules. Make sure you consult a respected immigration attorney as early as possible to understand the deportation risks and start crafting a defense strategy.

With skilled legal guidance, some options may exist to avoid negative immigration outcomes. But you need expert advice to identify and pursue them. Don’t wait to connect with an immigration lawyer until after you’ve already pleaded guilty.

In Philadelphia, reputable attorneys can be found through organizations like HIAS Pennsylvania or the Philadelphia Legal Assistance immigration law project. Reach out for a consultation today.