Immigration Consequences of Philadelphia Criminal Convictions

Immigration Consequences of Philadelphia Criminal Convictions

Navigating the immigration system can be complicated enough on its own. Throw in a criminal conviction, and things get even trickier. As an immigrant living in Philadelphia, a criminal record can have severe consequences when it comes to your immigration status and ability to remain in the United States.

In this article, we’ll break down how different types of criminal convictions in Philadelphia can impact your immigration case. We’ll look at removal grounds, detention, and ineligibility for relief. Our goal is to help you understand the potential immigration penalties so you can make informed decisions and work towards the most favorable outcome possible.

Removal Grounds

Under immigration law, being convicted of certain crimes can make you removable (deportable) from the U.S. The most common removal grounds stemming from Philly convictions are:

• Aggravated Felony: This broad category covers over 50 types of offenses. Examples include drug trafficking, theft, fraud, and crimes of violence with a sentence of over 1 year. Aggravated felons face mandatory detention and permanent inadmissibility.
• Controlled Substance Offense: Any drug crime other than simple possession of 30g or less of marijuana. Even low-level offenses trigger deportability.
• Crime Involving Moral Turpitude (CIMT): CIMTs are crimes that violate accepted moral standards, like theft, fraud, assault, etc. A CIMT conviction must carry a potential sentence of 1+ year to trigger removal.
• Domestic Violence, Stalking, Child Abuse: Convictions for domestic offenses make immigrants removable, though exceptions exist for self-defense.
• Firearms Offenses: Gun-related convictions can be grounds for removal, especially trafficking offenses. Self-defense exceptions may apply.
• Human Trafficking: Convictions for human trafficking and related crimes almost always lead to removal proceedings.

As you can see, the immigration penalties for criminal convictions vary widely based on the specific offense. Consulting an experienced immigration attorney is highly recommended so they can analyze the charges against you and advise on potential immigration consequences.

Immigration Detention

Another severe consequence of criminal convictions is immigration detention. Getting arrested can prompt ICE to issue a detainer requesting local law enforcement to hold you until ICE takes custody.

Many convictions authorize ICE to mandatorily detain immigrants throughout removal proceedings without the possibility of posting bond. These include:

• Aggravated felonies
• Drug trafficking offenses
• Firearms offenses
• “Crimes of moral turpitude” with a sentence of over 1 year
• Security-related crimes

Mandatory detention can last months or years as you await immigration court hearings. This makes fighting your criminal case even more critical to avoid triggering detention and fast-tracked deportation.

Ineligibility for Relief

Unfortunately, being convicted of certain offenses can also make you “statutorily ineligible” for relief that would let you remain in the U.S. Common forms of relief include:

Cancellation of Removal: Allowing lawful permanent residents to keep their green cards despite removability grounds. However, an aggravated felony or controlled substance conviction bars eligibility for LPR Cancellation.

Asylum and Withholding of Removal: Forms of protection for those fleeing persecution in their home countries. A “particularly serious crime” conviction makes you ineligible. Aggravated felonies with 5+ year sentences may qualify.

VAWA Self-Petitions: Allowing domestic violence victims to independently obtain lawful status. Battery, stalking and child abuse convictions can be disqualifying.

Waivers: There are many waivers excusing removability grounds for spouses and immediate relatives of U.S. citizens. But applicants can’t have aggravated felony or drug trafficking convictions.

As always, the effect on relief eligibility depends on the specific criminal offense at issue. Consulting an attorney is vital so they can advise if your conviction triggers mandatory denial of certain forms of relief.

Defenses Against Immigration Consequences

Facing removal after years of living in the U.S. is devastating. The good news is there are defenses against immigration penalties that a skilled lawyer can employ. Common strategies include:

• Vacating the conviction: In some cases, we can attack the conviction itself and have it vacated by the criminal court. This eliminates the whole basis for removal proceedings.
• Pleading to a non-removable offense: Negotiating a plea deal to an offense that doesn’t trigger deportation is extremely effective. Minor drug possession, disorderly conduct, and summary offenses are often safe.
• Getting charges dismissed: If charges are dropped and no conviction occurs, that ends the risk of immigration consequences.
• Deferred adjudication programs: These special programs allow charges to eventually be dismissed and conviction vacated after completing probation-type requirements.
• Post-conviction relief: We can reopen criminal cases and seek to vacate convictions even years later if certain rights weren’t protected initially.

As you can see, fighting back against negative immigration consequences is absolutely possible. An experienced criminal and immigration attorney can employ these strategies preemptively before conviction ever occurs. Or if removal proceedings have already begun post-conviction, they can seek such remedies to undo the conviction and terminate proceedings.

The Bottom Line

Any criminal conviction in Philadelphia can be devastating for immigrants. Aggravated felonies, drug offenses, and crimes involving moral turpitude have especially severe penalties. But defenses exist, and an attorney can help you avoid or overturn convictions and preserve your immigration status.

If you’re an immigrant facing criminal charges, reach out to an attorney right away before pleading guilty or no contest to anything. Understanding exactly how charges may impact your immigration case is critical to making smart decisions and protecting your rights. So don’t delay in speaking with a lawyer who can clearly explain all potential consequences and work to secure the most favorable outcome in both your criminal and immigration matters.

I hope this overview gives you a helpful starting point for understanding immigration consequences of Philadelphia convictions. Let me know if you have any other questions!