We Provide Legal Help for Immigrants Facing Criminal Convictions

Getting arrested as an immigrant in the U.S. can feel overwhelming and scary, especially if your family lives outside of the country. The threat of deportation significantly increases the severity of your circumstance.

At Grey Law Immigration, we persevere through each case to help immigrants maintain their status. This article lists the most frequently asked questions regarding crimes and immigration. You can always reach out for criminal immigration defense in Los Angeles for more information. 

How Might a Criminal Charge Affect My Immigration Status?

Unfortunately, getting arrested and having a criminal record can negatively impact your immigration status. If you have a naturalization application pending, the U.S. Citizenship and Immigration Services (USCIS) will likely deny it. Typically, in severe cases, victims get detained or imprisoned while the USCIS begins removal proceedings. That’s why you must have an immigration lawyer in Los Angeles review your case immediately.

What Crimes Put Me at Risk for Removal?

While not all criminal convictions permit deportation, the following crimes could threaten your immigration status:

• Crimes of “moral turpitude”
• Drug and firearm crimes
• Domestic violence
• Aggravated felonies (murder, rape, felony, theft)

What Are the Two Categories of Criminal Charges?

Aggravated felonies are serious offenses that might involve theft, illegal substances, or violent acts.

Crimes of moral turpitude involve an act of “moral deficiency,” like shoplifting, fraud, or assault.

Convictions are an admission that you committed a criminal charge. In California, convictions only count if you were found guilty in court and sentenced to a penalty. Unfortunately, your chances of getting deported are much higher without a criminal defense lawyer in LA by your side.

Deported immigrants are considered ” inadmissible ” for any crimes of “moral turpitude” or an aggravated felony. That means you will not be able to adjust your status, apply for citizenship, reside in the U.S., or re-enter after leaving.

Do I Need to Go with The Police If They Didn’t Arrest Me?

Absolutely not – if you didn’t get arrested by the police, you have no legal obligation to go with them.

Most non-U.S. citizens are unfamiliar with the legal process behind an arrest. Police officers must read your Miranda Rights before taking you to the police station. Whether you’re a citizen, you have “the right to remain silent” per the fifth amendment.

If you’re getting interrogated, you may say, “I plead the fifth,” and request to contact your LA immigration attorney.

Can You Explain What an Arraignment Means?

An arraignment is a formal criminal proceeding before a court. There, they will announce the charge, followed by an opportunity for you to enter a plea if guilty. Prosecutors can request a detention order, which restricts your freedom.

What Happens If I’m A Green Card Holder on An Overstayed Visa and Get Arrested?

The true nature of the arrest’s impact on your immigration case will depend on:

• Immigration status
• Nature of crimes
• Length of time you resided in the U.S.
• Eligibility benefits granted per immigration law.

Criminal charges will directly affect non-citizens and lawful permanent residents.

If I Can’t Find Legal Representation, Can I Represent Myself?

No – do not represent yourself in court. A lawyer has extensive knowledge and understanding of immigration laws and proceedings. You’re likely to face serious consequences should you stand before an Immigration Judge alone.

What Should I Expect from My Criminal Defense Lawyer?

You should expect any Los Angeles lawyer for crimes and immigration to be well-versed in immigration laws and policies, as well as have an excellent success rate for litigating and negotiating for cases similar to yours. Given the urgency of any immigration matter, the attorney should listen to your legal situation, help you understand what’s happening, the options available, as well as any risks involved.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.