Milwaukee Criminal Immigration Lawyer

Being convicted of a crime could result in deportation, meaning that you would be asked to leave the United States. All immigrants, including those with green cards, can be deported if they violate U.S. laws. The most common reason for people to be placed into removal proceedings is evidence that they have committed a crime. In certain circumstances, immigrants can be deported for committing a “crime of moral turpitude,” such as when a qualifying offense is committed within five years after admission and carries a possible sentence of one year or longer, or when multiple such offenses are involved, or an aggravated felony. Also subject to deportation are foreigners who have entered the country illegally, overstayed, and/or violated the conditions of their visa, or otherwise lost their legal status. While immigration proceedings are civil in nature, individuals in removal proceedings are still entitled to due process protections, including a full and fair hearing. For quality legal support from an experienced deportation and removal attorney, contact a Milwaukee criminal immigration lawyer from Sesini Law Group.

Crimes of Moral Turpitude

Most commonly, a crime of moral turpitude involves fraud, larceny, and/or a crime demonstrating an intent to harm a person. Crimes involving dishonesty and theft are almost always considered to be crimes of moral turpitude. Other examples are assault with the intent to rob or kill, spousal abuse, and certain offenses involving intentional or reckless harm. However, not all offenses are automatically classified as crimes of moral turpitude, and this determination often depends on the specific elements of the statute involved. However, it may be possible to argue that your conviction should not be classified as a crime of moral turpitude. This is where the assistance of an attorney is extremely beneficial.

There are also a few situations where you may be able to apply for a waiver of a crime of moral turpitude. A deportation waiver is a request for an exception to an immigration rule. Certain waivers, such as those available under Section 212(h) of the Immigration and Nationality Act, may allow individuals to overcome specific grounds of inadmissibility, depending on their circumstances. Eligibility requirements vary, and may include demonstrating that a qualifying relative would suffer extreme hardship, along with other statutory criteria. Examples of some situations where you may be granted a waiver are possession of less than 30 grams of marijuana, prostitution or solicitation of prostitution, or crimes committed more than 15 years ago.

Aggravated Felonies

The full list of crimes that are considered aggravated felonies under immigration law is extensive. It includes such crimes as:

• Murder
• Rape
• Drug trafficking
• Firearms trafficking
• Sexual abuse of a minor
• Child pornography offenses
• Money laundering of funds exceeding $10,000
• Fraud or deceit causing victim losses over $10,000, or tax evasion causing government revenue loss over $10,000
• Theft offenses with a sentence of at least one year
• Violent crimes with a sentence of at least one year
• Espionage
• Sabotage
• Treason
• Perjury with a sentence of at least one year

If you were convicted of an aggravated felony, avoiding deportation will be difficult, and the availability of relief may be significantly limited. In some cases, individuals may seek protection under the Convention Against Torture if they can demonstrate it is more likely than not that they would be tortured in their native country upon return. Certain aggravated felony convictions may also limit or bar eligibility for some waivers or forms of relief, depending on the circumstances.

Challenging the Underlying Conviction

When a conviction triggers removability, the immigration case is often not the only place to fight. If the conviction itself can be vacated or amended in criminal court, the immigration consequence may disappear with it.

The most common basis is ineffective assistance of counsel. In Padilla v. Kentucky, the Supreme Court held that defense attorneys must advise noncitizen clients of the immigration consequences of a guilty plea. Where that advice was absent or wrong, a plea may be challenged.

One distinction is critical. A conviction vacated because of a legal defect generally no longer counts for immigration purposes. A conviction vacated purely for rehabilitative reasons or immigration hardship still counts.

This work happens in state criminal court, on a separate track from the immigration case, and timing matters. Anyone facing removal based on a Wisconsin conviction should have the record reviewed before assuming the conviction is fixed.

Contact a Criminal Immigration Lawyer in Milwaukee

If you have been accused of a crime, consult with an experienced criminal immigration lawyer. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request for advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request.