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Archive for the ‘deportation’ tag

What Happens When a Foreigner is Convicted of a Criminal Offense in the U.S.?

December 26th, 2017 at 3:46 pm

aggravated felony, crimes of moral turpitude, criminal offense, deportation, Rolling Meadows criminal defense lawyerWhen a foreign national is convicted of a criminal offense in the United States, he or she runs the risk of being deported, regardless of whether or not the individual was legally present in the U.S. when the crime was committed. In other words, if you are not an American citizen and you have been accused of committing a crime in the United States, be aware that if you are ultimately convicted you may be deported. However, not all criminal convictions can render a foreign national eligible for deportation.

Crimes for Which Non-U.S. Citizens May be Deported

The U.S. Citizenship and Immigration Services’ website notes that aliens who are convicted of one of the following criminal offenses in the United States are eligible for deportation:

  • Crimes of Moral Turpitude: Any foreign national who is convicted of a crime involving “moral turpitude” (i.e. most crimes involving dishonesty or theft), for which a sentence of at least one year may be imposed, within five years of being admitted into the United States (or within 10 years in some cases) is deportable.
  • Multiple Criminal Convictions: Any foreign national who is convicted of two or more crimes (arising out of separate schemes) that involve moral turpitude after being admitted into the United States is deportable.  
  • Aggravated Felony: Any foreign national who is convicted of an aggravated felony after being admitted into the United States is deportable.
  • High Speed Flight: Any foreign national who is convicted of engaging in high speed flight from an immigration checkpoint is deportable.
  • Failure to Register as a Sex Offender: Any foreign national who is required by law to register as a sex offender and fails to do so is deportable.
  • Controlled Substances: Any foreign national who, after having been admitted into the United States, is convicted of committing or attempting to commit a controlled substance crime (other than a single offense involving possession of 30 grams or less of marijuana) is deportable.
  • Certain Firearm Offenses: Any foreign national convicted of certain firearm offenses after being admitted into the United States is deportable.
  • Crimes of Domestic Violence: Any foreign national who is convicted of domestic violence, child abuse, or stalking after being admitted into the United States is deportable.
  • Trafficking: Any foreign national who commits (or conspires to commit) human trafficking, or benefits from human trafficking, after being admitted into the United States is deportable.

*** Please note that the list of crimes outlined above is NOT exhaustive and that there are additional crimes for which a foreign national can be deported. ***

Consult With a Local Criminal Defense Attorney Today!

If you are a foreign national who has been accused of committing a crime in the United States, it is critical that you consult with a dedicated Rolling Meadows criminal defense lawyer straight away. Be sure to immediately tell the attorney of your immigration status so that he or she can properly advise you about your legal options and suggest an appropriate course of action. If the crime that you are accused of committing allegedly took place in Illinois, feel free to contact the Law Offices of Christopher M. Cosley for help.

Source:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html

A Drug Crime Conviction Could Lead to You Being Deported

April 21st, 2017 at 9:30 am

drug crime conviction, Rolling Meadows Drug Crimes Defense LawyerMany people who live in Rolling Meadows and the surrounding communities do not have United States citizenship. These individuals are living in the U.S. on a visa or as a permanent resident, or because they hold a green card. Immigrants who are in the United States legally, or even illegally, and find themselves in trouble with the law over drug offenses could face deportation or removal from the country if they are convicted.

Non-U.S. citizens who are deported are often prevented from reentering the country again for many years after their deportation. Often times, non-U.S. citizens who are convicted for drug crimes involving controlled substances or methamphetamines are more likely to be deported or removed from the country than someone who is convicted for marijuana possession based on small quantities of marijuana. The harder and more addictive the drug that is involved in the crime, the more serious the consequences may be upon conviction.

The Challenges of Deportation

When a non-U.S. citizen (also known as a foreign national or a legal alien) is convicted for a drug crime in Illinois, deportation from the United States is often one of the most serious consequences for his or her criminal activity. Deportation back to a native country can be a big problem for someone who is convicted for a drug crime, especially if he or she does not know anyone in his or her native country, has no family connections in his or her native country, or does not speak his or her native country’s language. Not only that, but it is very likely that the immigrant has built a life in the United States. He or she most likely has family, friends, a job, and a life here in Illinois and he or she could lose it all if convicted with drug charges.

Fight Your Drug Charges to Avoid Deportation

The best way to avoid being deported is to not be convicted on your drug charges. If you are not convicted, then the federal government does not have grounds to force your deportation or removal from the country. Getting the drug charges against you dropped or dismissed is your best bet.

By working with an experienced drug crimes defense lawyer, you will give yourself your best shot at success for beating your charges. An experienced criminal defense lawyer will review the facts of your case and your arrest and will identify each possible grounds for defense. Together, you and your lawyer will decide on a defense strategy.

Reach Out to Us for Help

More often than not, first time offenders who are convicted of minor drug offenses often avoid being deported. However, there is no guarantee that you will not be deported if you are convicted of a drug related offense in Illinois. Drug charges need to be taken seriously, and especially so if you are not a U.S. citizen. Please do not hesitate to contact a passionate Rolling Meadows drug crimes defense attorney immediately for assistance with your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

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