Deportation Lawyer Serving All Of Minnesota
Theft, drunk driving and domestic assault may not be considered serious crimes. However, they are taken very seriously by the U.S. Citizenship and Immigration Service (USCIS). Minor criminal offenses can become a major problem for immigrants. A conviction can lead to deportation proceedings and removal from the United States.
Many immigrants living in Minnesota do not realize the immigration consequences of criminal charges or make the mistake of pleading guilty to a deportable crime. Our immigration attorneys at KB Law PLLC have experience with these “crimmigration” cases. We can defend you in immigration court to fight for your right to remain in the United States.
Do not wait! Get help today.
Are you or your family member a noncitizen accused of a crime in Minnesota? Call KB Law PLLC immediately at 612-474-5649. We practice in Minneapolis and the west metro area.
You Need A ‘Crimmigration’ Lawyer
Bad things happen when criminal law overlaps with immigration law.
- A criminal charge that would be a misdemeanor for a U.S. citizen may be considered a deportable crime for a noncitizen.
- You could be moved from a local jail to an Immigration and Customs Enforcement (ICE) detention facility, perhaps far from home.
- The same immigration system that moves so slowly when immigrants want to enter this country can move very fast to deport them.
These situations are scary and stressful. We may be able to help you navigate these challenges with our deportation defense services. We will advise you (and your defense attorney) on how your immigration status would be impacted by a conviction or guilty plea. We will help you assert your constitutional rights and defenses. In some cases, we can reopen an old conviction or guilty plea if you were not advised that it could get you deported. In other cases, we may be able to secure an immigration waiver to cancel an order for removal.
What Minnesota Crimes Are Deportable Offenses?
Major crimes like robbery, rape or drug trafficking trigger automatic removal and a permanent bar from the United States. However, many lesser offenses can also result in deportation, such as:
- Driving while intoxicated (DWI)
- Drug possession
- Domestic violence or assault charges
- Shoplifting, theft or burglary
- Fraud or identity theft
- Fake ID or fake immigration documents
- Tax evasion
- Multiple convictions for minor crimes
It is critical for immigrants to know where they stand if they are arrested for any crime. Our lawyers can determine if your immigration status is in danger and, if so, what steps you should take.
Do You Qualify For An Immigration Bond?
When a noncitizen is detained by ICE for potential removal from the United States, they may sit in jail for many weeks or months before their immigration case is called. This is an anxious time for immigrants and their loved ones, fearful that their families will be torn apart.
We will request an immigration bond hearing to get the person released from ICE custody while their case is pending. (Some crimes are not eligible for bond.) The immigration bond is a promise to appear at a future court date. Meanwhile, our legal team will pursue waivers and defense strategies to prevent deportation if at all possible or allow the deportee to reenter the U.S. in the future.
Waiver For Fraud Or Misrepresentation In Deportation Defense
When facing deportation due to alleged fraud or misrepresentation in your green card application, the INA Section 237(a)(1)(H) waiver might be a path to relief. This waiver applies to non-citizens found inadmissible because of fraud or willful misrepresentation when seeking a visa or entering the U.S. It covers both innocent and intentional misrepresentations. Getting this waiver can prevent you or your loved one from getting removed from the U.S.
To qualify, you must meet certain standards. First, you must be a lawful permanent resident (LPR), meaning you have a green card. Second, you need to be the spouse, parent or child of a U.S. citizen or LPR. This family relationship must be legitimate and current at the time of your application. Fraudulent relationships, like sham marriages, do not qualify. Lastly, this waiver is not available if you are inadmissible on other grounds, such as criminal activity or national security issues. If other grounds exist, additional waivers must be explored.
Applying For The INA 237(a)(1)(H) Waiver
You can only request this waiver during removal proceedings in front of an immigration judge. The process involves several steps and often requires the help of an immigration lawyer. Currently, there is no official form or filing fee, but the judge overseeing your removal case might ask for an I-601 waiver, which has a fee. Discuss with your attorney whether to file an I-601 waiver under this section. You may need to provide fingerprints for a background check.
Applicants must also submit evidence of their relationship to a U.S. citizen or LPR relative. This includes affidavits, medical records and other documents. Good documentation proving your relationship is real makes a huge difference. A strong legal argument explaining why the waiver should be granted is important. This argument should demonstrate how you meet the eligibility criteria and highlight the merits of your case.
After submitting your application, the judge may hold a hearing where questions are asked by the judge and government lawyer. Then, you will await the judge’s decision.
If your attorney can obtain this waiver for you, it means you can avoid deportation and remain with your family in the U.S. Moreover, it helps you maintain or achieve lawful permanent resident status, opening the door to future naturalization and other benefits. However, not everyone can qualify for one. We understand the law related to INA 237(a)(1)(H) waivers and can determine if pursuing one is a good idea for your case, or if there are better options.
‘Crimmigation’ Defense FAQ
Questions about your case? Here are answers to some of our clients’ frequently-asked questions.
Does my criminal charge make me removable?
Under federal law, the following criminal offenses could lead to removal proceedings:
- Charges that contain deceit, fraud, criminal intent, reckless disregard to safety, or charges defined as morally reprehensible by state statutes. These are also known as crimes of moral turpitude.
- Drug charges other than simple possession of up to 30 grams of marijuana.
- Charges related to domestic violence, including stalking.
- Charges involving crimes against children.
- Charges involving the unlawful use of a firearm.
- Aggravated felony charges.
Even if the state charges you with a removable offense, you might still have the option of accepting a plea bargain for a lesser charge.
What sentence should I ask for?
If charged with a crime that could trigger deportation, your best option is often to plead guilty to a lesser charge that does not make you eligible for removal. It is crucial that you do not attempt to negotiate a plea bargain without the assistance of an attorney who has experience with immigration law and criminal defense.
What crime can I plead to that doesn’t involve moral turpitude?
Many crimes involving moral turpitude are divisible, meaning the court can choose to charge them in more than one way. The following are a few of the most common charges that courts choose not to charge as crimes of moral turpitude:
- First-time charges of driving under the influence
- Assault
- False imprisonment
- Possession of marijuana
- Child endangerment
- Involuntary manslaughter
You have a spectrum of options when it comes to pleading for a lesser charge. The most important thing, however, is to have an attorney to uphold your rights and help you make wise decisions.
What crime can I plead to that doesn’t constitute an aggravated felony for immigration purposes?
Crimes that are aggravated felonies include:
- Murder
- Rape
- Sexual abuse of a minor
- Drug trafficking
Don’t Let A Criminal Matter Shatter Your American Dream
Find out how we at KB Law PLLC can help you. Arrange a free consultation with our caring and capable lawyers by calling our Minnetonka office at 612-474-5649, or reach out by email.
Members of our legal team speak several languages, including Spanish, Somalian, Swahili, Romanian, Turkish and Russian.