In Need of an Experienced Deportation Lawyer Los Angeles? Contact Us Today!

Immigration is a complicated issue. The American government who is allowed to move to the United States and under what conditions. Each year, thousands of people are allowed to become legal American residents with certain rights. At the same time, laws state that certain potential immigrants are not allowed to stay in the United States. People who have possibly violated American immigration law may be subject to removal from the country under certain conditions. This can apply for those who have some form of legal status such as a green card as well as those who have overstayed a legal visa. It can also apply to people who have voluntarily chosen to move to America without official permission. Doing so can lead to all sorts of penalties including the possibility of deportation. Anyone who is facing this risk should consult with a deportation and removal lawyer in Los Angeles.

Deportation Triggers

There are many possible scenarios that can lead to removal. Someone might have a minor legal violation such as a misdemeanor. This can include failing to stop at a stop sign or a drug offense. If someone who is not authorized to remain in the United States gets arrested, it can lead to the possibility of deportation after they’ve completed a jail sentence and paid a fine. This is even more true for those who are accused of more serious crimes. Felonies such as attempted murder, rape and theft of property over a certain amount typically lead to prison time and fines. Someone who is not here legally and is convicted of a felony can face deportation and removal from the government after they’ve completed their official sentence. An attorney is a vitally important ally. They can speak on behalf of the defendant if they are arrested, accused and/or convicted.

If someone has been deported in the past and reenters the United States again, they can also find themselves subject to potential removal. People are allowed to petition the government for the right to stay. However, if their arguments are dismissed, this can also lead to the requirement to leave the country. If the person chooses to ignore such rules, they may be arrested and face immediate removal and deportation. The feds can exercise discretion but they can also choose to ask to have the applicant deported.

Deportable Offenses

A person can also be ordered to be deported if they have engaged in many types of crimes. This ranges from marriage fraud, human trafficking and activities deemed of a terrorist nature. If someone is present in this country and has a prior criminal record they have not reported, this can also lead to the possibility of deportation. People should also be aware that it is not only those who are present illegally who can be facing potential deportation issues. Green card holders also face problems if they engage in certain activities that are considered a deplorable offense. Holding a green card is not the same as being a legal resident. A green card holder can be threatened with the possibility of removal if they are accused of certain crimes.

Green card holders can face confusing laws that can change frequently. In general, however, if a green card holder is charged with some crimes, there’s a very real possibility the card can be revoked and the person ordered removed from the country. A conviction for offenses such as theft, money laundering, domestic violence and using an unauthorized firearm can cause a prosecutor to press for removal. Serious crimes such assault or murder may also lead to the possibility of deportation.

Risks Of Pleading Guilty

In the U.S. the defendant has three options if they are charged for a crime:

Not Guilty – This is the most common plea, as it gives your defense attorney more time to review the evidence of your charges and choose a course of action. 

Guilty – When you plead guilty, you are admitting to the crime and waiving your rights. 

No Contest – When you enter no contest plea, it basically means you neither agree nor disagree with the charges against you.

Depending on the circumstances, taking a plea bargain can hurt your chances of ever becoming a U.S. citizen. Regardless of the amount of crimes you have on your record, there may be severe consequences. Pleading guilty or no contest does not guarantee you will receive a lighter sentence or that that court won’t move forward with your charges. Click here, to learn more about pleas, especially if you were accused of committing a crime.

A Defense

While it may appear that it is impossible to avoid deportation, there are avenues of defense that a removal proceedings immigration lawyer in Los Angeles can help with. For example, someone who has been convicted of a very petty offense can argue there’s little grounds to expel them from the United States. The same is true of someone who has family ties here. A person who is married to an American spouse and has children who are American citizens can argue that removing them from the country causes undue hardship to their family members.

Another path is what is known as post-conviction relief. This is for those who have past criminal records. Under American immigration laws, a person can be deported if they have a prior criminal record even if they were not subject to removal at that time. The deportation lawyer can ask for the ability to withdraw a guilty plea on the ground that the person did not know this might lead to the possibility of getting removed out of the country if it was completed. Having an attorney on your side under these conditions is vitally important. This article provides information on several defenses if you are taken into custody by the Department of Homeland Security.