Crimes and Immigration

Any immigrant that has been charged with a crime or has crimes in their past  also likely has an immigration problem. The scary part is that most people do not even know the danger they face for bad choices made in the past or now. There are several crimes that are normally quite minor that can be completely devastating once one arrives in immigration court. For example, if one entered the country without inspection, even a simple shoplifting charge can be enough to be subject to mandatory detention and deportation. Other automatic deportation offenses include crimes related to fraud. This would include using a fake ID for purposes of work, this little act also happens to be a 2nd degree felony in the state of Utah (even if everyone does it to have work papers, it is still risking a lot). Another common offense, DUI, does not typically warrant an automatic deportation, but is a bad place to start from when convincing an immigration judge to exercise favorable discretion in one”s favor even if you are only asking for online casinos voluntary departure (which is a lot harder to obtain than most people think). Domestic Violence also can be automatic deportation. These are not the exclusive crimes, but more commonly committed offenses. Also, this post would not be complete without mentioning that drug offenses of anything more than a single joint of marijuana (no more than 30 mg) are mandatory detention without bond, plus, it makes it really hard to come back to the United States later. If one is dealing with a crime, before pleading guilty and paying a fine, they better be sure of the immigration consequence that might follow.

Another major pitfall for immigrants is that the offense one pleads guilty to in criminal court can be completely different in immigration court due to the differences in how the offenses are calculated by the federal government. Probably the biggest problem is that a Class A misdemeanor in Utah almost always ends up being treated as an aggravated felony in immigration court. Surprise! Mandatory detention without bond is what typically follows next. Do not be a chump and suckered into this situation if it can be avoided. I am not promising that I can always make every situation better because a huge part of criminal defense is being able to work out deals with the prosecutor and a lot of that depends on the unique facts and circumstances of a case; however, one is almost always better off hiring an attorney to try and obtain the most favorable result possible, whether that be dropping a criminal charge, reducing a charge, changing a charge, obtaining an acquittal at trial, or having the case dismissed through various motions.

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