Criminal Defense Lawyers

How To Prevent Deportation In A Criminal Case

How To Prevent Deportation In A Criminal Case

Facing criminal charges is stressful enough for anyone. But for immigrants, a criminal conviction can also lead to deportation – even for a minor offense. As an immigrant myself who went through this process, I want to share what I learned about preventing deportation when criminal charges are involved.

First off, its important to understand that immigration laws can get really complicated, especially when they connect to criminal law. Crimes like theft, drug offenses, domestic violence, and fraud are considered “deportable offenses” under immigration law.

So if your a immigrant and you get convicted of one of those crimes, the Department of Homeland Security can start deportation proceedings against you. Scary right? But there are still things you can do to avoid actually getting deported. Here are some of the main options:

Get a Lawyer Experienced in Both Criminal and Immigration Law

This is so important. You need a lawyer who really understands both criminal law and immigration law, not just one or the other. They’ll know all the options for dealing with your criminal charges in a way that prevents deportation down the line.

For example, your lawyer may be able to get the criminal charges reduced or dismissed. Or if you have to plead guilty, they’ll know how to minimize the immigration consequences. Don’t just accept whatever public defender you’re given – hire your own lawyer if you can. It’s worth it.

Understand All the Consequences Before Accepting a Plea Deal

Lots of criminal cases end with plea bargains. But be really careful before accepting any deal, especially if your a immigrant. Even pleading guilty to a less serious charge can still get you deported.

Your lawyer needs to explain how the plea will affect your immigration status. Never accept a plea deal until you fully understand the deportation risks.

Explore Options to Vacate a Conviction After the Fact

Made a mistake and pled guilty without realizing the deportation consequences? There may still be ways to reopen your criminal case and vacate the conviction. This is called post-conviction relief.

If you can get the conviction overturned, it eliminates the grounds for deportation. But you need an experienced lawyer – this stuff is really technical.

Apply for Cancellation of Removal

If deportation proceedings have already started, this option asks the court to cancel your removal and let you stay. But the requirements are strict – you need 10 years of good moral character and show your deportation would cause “exceptional hardship” to a spouse, parent or child.

Seek Asylum or Other Humanitarian Protections

If you fear persecution or torture in your home country, you may be able to seek asylum in the U.S. There are also protections for victims of domestic violence or human trafficking.

The requirements for these are complex, so get a qualified immigration attorney to help you apply.

Request Prosecutorial Discretion

Immigration prosecutors have some leeway to dismiss certain cases. Your lawyer can argue your case doesn’t deserve deportation based on factors like family ties, length of U.S. residence, and criminal history.

Discretion doesn’t give you legal status, but it pauses deportation proceedings temporarily.

Plead Your Case to an Immigration Judge

Unlike criminal court, immigration court gives judges a lot of discretion. If you get a sympathetic judge, they may allow you to stay despite deportable offenses.

Your lawyer will craft the strongest arguments to show you deserve to remain in the U.S. Focus on positive factors like work history, community ties, and rehabilitation efforts.

Voluntary Departure as a Last Resort

If all else fails, agreeing to voluntary departure is better than getting deported. It leaves you with a cleaner record to possibly return legally in the future.

Obviously the goal is avoiding deportation altogether. But voluntary departure is a backup option if you’ve exhausted all others.

How to Avoid Deportation Proceedings in the First Place

The best way to prevent deportation is avoiding criminal charges to begin with. As an immigrant, I know that can be challenging. Here are some practical tips:

Get Your Citizenship if Eligible

Becoming a U.S. citizen protects you from deportation, except in the most extreme cases. Naturalization requirements include 5 years of permanent residency, good moral character, and passing citizenship tests.

Avoid Illegal Activity

Easier said than done, I know. But as an immigrant, even minor brushes with the law can land you in deportation proceedings. Keep your record clean.

Carry Proof of Legal Status

If you have a green card, work permit, or other legal status, keep the documentation on you at all times. That way if you’re ever detained, you can prove you’re here lawfully.

Don’t Miss Immigration Hearings

Being a no-show for immigration court will just trigger a deportation order. Keep your address updated with USCIS and closely track any notices you receive.

Get an Immigration Lawyer Before Trouble Starts

Connecting with a lawyer now allows them to advise you before any criminal or immigration issues arise. An ounce of prevention is worth a pound of cure.

Conclusion: There Are Options to Fight Deportation

The bottom line is – don’t give up hope if you’re an immigrant facing criminal charges. While the laws are harsh, experienced attorneys can often find ways to prevent deportation. The key is getting knowledgeable legal help right away.

I know the fear and uncertainty you feel. But you have rights, even as an immigrant. With the right legal strategy, you can avoid losing your livelihood and being separated from your family because of a criminal conviction. Don’t be afraid to explore all your options.

And if you’re already dealing with deportation proceedings, there are still things you can do. Talk to a lawyer about post-conviction relief, asylum, cancellation of removal, voluntary departure and other alternatives. Where there’s a will, there’s often a way.

Wishing you the absolute best in getting through this difficult situation. We immigrants have to stick together and fight for justice. You don’t have to face this alone. There are people willing to help. Don’t lose hope.