Austin attorney for non citizen criminal charges. There are specific types of convictions that can have consequences related to immigration if a non-citizen is involved. These can include the following:
*Denial of either admission or naturalization
When it comes to the categories of non-citizens, these are considered to be as follows:
*Legal permanent residents, often referred to as green card holders
*Those who are not legal residents, yet possess work permits
*Those who are undocumented, meaning they have no legal status
In terms of purposes involving immigration, a conviction means that a non-citizen has admitted guilt to an offense in court. For instance, deferred adjudication and diversion programs are considered to be convictions.
When it comes to immigration consequences for non-citizens, the following types of convictions can lead to these:
*Any crime that involves moral turpitude
*Any drug conviction
Under 8 USC 1101(a) 43, any state offense can be considered an aggravated felony if all elements of the offense are included in the federal offense. These types of offenses can include attempting or conspiring to commit an aggravated felony, bribery, drug trafficking, murder, sexual assault of an adult or child, and more.
If a criminal defense attorney has been hired to represent a non-citizen, there are certain things that the attorney should do. For starters, they should determine if their client is actually a non-citizen. If so, and if they have been arrested, they should be informed that any guilty plea entered in court could result in them either being deported or denied a green card or visa.
The client should also be advised to seek input from an actual immigration attorney, who the regular attorney can follow up with regarding any and all possible sentences. This is because the overall sentence can have a big impact on immigration consequences.
If a non-citizen is arrested anywhere in the United States, they will likely be transferred to the custody of ICE and cannot be bonded out, even if a criminal bond has been imposed onto them. If a legal permanent resident has been subject to arrest, ICE will be the ones to determine whether or not a hold is necessary, but this is all based on the individual’s criminal record. Mandatory detention, however, can come about if the following offenses have been committed:
*Controlled substance charges
*Various firearm offenses
*Activities involving terrorism
If a non-citizen is facing the possibility of mandatory detention, an immigration attorney can provide assistance by doing the following:
*Seeking a bond with ICE or before an immigration judge during a bond hearing
*Making a determination regarding what type of immigration relief the non-citizen may have while in mandatory detention
A non-citizen also has options for possible relief, though this depends on the conviction and status of the individual. These include the following:
*Violence Prevention Act visas/victims of trafficking
*Violence Against Women Act visas
*Deferred Action for Childhood Arrivals
*Parole in Place
If an individual is deported, there are a few options that may allow them to re-enter the United States. These depend on immigration, criminal history, or if the individual has family members who are either legal permanent residents or are U.S. citizens.