Removal and Deportation Actions
If you are a non-citizen facing criminal charges, we strongly urge you to contact the Kurz Law Group to avoid removal and deportation actions. Most people do not realize the devastating results they can have on their immigration case, if not destroy it entirely, simply by pleading guilty to a crime for want of avoiding jail time and simply paying a fine. Often, a prosecutor will agree to a lesser plea if they are made to understand how it will impact upon your immigration case if they can be assured that a guilty party will make restitution or otherwise account for their criminal charges in way that is acceptable to the Court. This is something an individual should rarely, if ever, attempt to negotiate for themselves without the use of an attorney.
Most non-citizens also fail to appreciate that they may, indeed, qualify for some form of temporary or permanent status within the United States based upon the duration of time they have been in the U.S., and whether or not they have qualifying U.S. citizen relatives who can help support their application for status. Thus, just because the individual was arrested for a minor offense and now has an “ICE” (Immigration and Customs Enforcement) hold prior to being released is not the end of the story. Almost always, depending on the severity of the crime and when it occurred, the individual shall be given the opportunity to post an immigration bond and appear before an Immigration Judge to plead their case as to how their status should be adjusted and why the removal proceedings should be terminated.
Aside from the tolling periods potentially helping non-citizens gain legal status in the United States, they cannot have been convicted of a “crime of moral turpitude.” Specifically, Section 212(a)(2)(a)(i) of the Immigration and Nationality Act prohibits admission of a non-citizen to the United States if they have been arrested or convicted of an offensive or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are seeking entry to engage in criminal or immoral activity. Crimes of “moral turpitude” usually involve the specific intent to harm or defraud someone, and can be as simple as writing a bad check.