November 22, 2016 | admin CRIMINAL LAW AND IMMIGRATION PROBLEMS

If you or your loved one was arrested and charged with a crime in Pennsylvania or/and New Jersey, and you have an immigration situation (illegal status, green card holder, etc…) it is extremely important that you understand the law as it pertains to not only your criminal matter, but also your immigration situation.

In other words, just because you lucked out and your case did not result in incarceration that does not mean that immigration can’t come and detain you down the road. So what do you do?

First it is extremely important to tell your criminal lawyer about your immigration status prior to allowing your attorney to develop strategies concerning your criminal matter. Your criminal lawyer might want to change their approach depending on your current immigration status.

Second it is important to have your criminal attorney contact an immigration attorney to get an opinion with respect to your charges. There are some criminal charges in Pennsylvania that can result in deportation. For example:

·     18 Pa. C.S. § 2702(a)(1) Aggravated Assault, is probably considered a Aggravated Felony with respect to immigration, to the extent that this is a crime of violence; especially if imprisonment is of one year or more. This charge is also considered a crime involving moral turpitude. Under, Danesh, 19 I. & N. Dec 669 (BIA 1988), mental state of at least recklessness with an element of a serious bodily injury is a crime involving moral turpitude.Furthermore, if conduct was involving a current or former spouse, such charge could result in deportation.

It is extremely important to hire the right attorney who understands how to approach a criminal matter involving a client who has immigration issues. Our firm not only has attorney’s who have worked on immigration cases before, but we also have access to many immigration attorneys who are more than willing to discuss your criminal case as it relates to any immigration issues that you or your loved one may have.

If you or someone you know are in the process of going through the criminal legal system, and there maybe immigration issues relating to their criminal matter, please feel free to contact our office for a free consultation. We can be reached at 267-265-4553.