If you have a run in with the law and you are a U. S. lawful permanent resident there is every reason to be concerned. The reason is that criminal activity can result in a lawful permanent resident losing his or her permanent residence status and can result in deportation. In some cases this is regardless as to whether or not you were actually convicted for the alleged crime. This article will discuss what to do after an arrest, the consequences of conviction and the crimes which result in deportation with or without a conviction.
After an arrest - after a recent arrest if you are still facing criminal charges it is important to speak to an immigration lawyer in Columbus Ohio immediately. Most times, a defense lawyer knows little to nothing as to how a specific strategy will affect your immigration status. A guilty plea bargain may be considered as a positive outcome to a criminal case by a defense lawyer, however, it may result in the deportation of the defendant. If you are found guilty of the crime it is of utmost importance that the conviction and sentence does the least possible damage to your immigration status. An immigration lawyer is able to help you and your defense lawyer discuss options and devise a strategy before the process has gone too far. For example, more time in jail for a reduced sentence has little to no effect to once immigration status. While this limits the freedom of the person, it protect their green card.
Were You Convicted of a Crime?
In most cases your deportation is linked to your being convicted of a crime. A conviction under immigration law means that you are found guilty and had some form of punishment imposed. Further, it means, in most U. S. Courts, that the decision in your case is final and is not under appeal. Being found guilty would mean a formal finding by a judge or jury or a plea of guilty by the defendant. Punishment includes a penalty, community service or fine, or a restraint of liberty, such as jail.
Crimes Warranting Deportation
In respect of a green cardholder if you have abused drugs or are addicted to drugs this can result in your deportation. Such crimes are referred to as ‘conduct based’ grounds of deportability, as they depend on the U. S. government’s assessment of an individual’s actions and admissions, conviction or not. There are a large number of crimes that can make a person inadmissible. However, such crimes are unlikely to affect a green cardholder, as such crimes primarily affect people that are applying for green cards and U. S. visas. That being said, when travelling outside the U. S. your inadmissibility could be a problem upon trying to return to the U. S.
Despite the fact that you have been convicted of a crime or not, there is need for an immigration lawyer as stakes are high against you that can make you deportable.
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