IMMIGRATION SERVICES
Immigration and Criminal Charges
Immigration is a very serious and delicate matter. If you are trying to become a citizen of the United States, then there are various terms you must comply with. As a permanent resident or immigrant, you must comply with the nation's laws and ordinances. If you are arrested and charged with a crime, then you could face serious repercussions. Often, the most serious issue involved with a criminal offense of an immigrant is deportation and permanent removal. If you are convicted of a crime in the United States, and you are not a U.S. citizen, then you could be deported, and permanently excluded from re-entry.
Because of these very serious consequences, you must be aware of your options, and you must have an attorney that knows how to help you fight the charges and pursue a favorable outcome. If the crime is a misdemeanor or felony, and you are convicted, then you face serious consequences. Crimes such as shoplifting or possession of drug paraphernalia may seem harmless in the scheme of criminal activity but will likely have severe consequences for the non U.S. citizen. You need an attorney on your side that understands the severity of this situation, and can work to ensure that you remain in the United States.
Deportation for Criminal Convictions
Many non-citizens who are charged with a criminal offense enter a guilty plea without knowing the impact that their plea will have on their immigration status. It is not uncommon for deportation or removal proceedings to be initiated while non-citizens are still being held by the criminal correctional system. Additionally, an ICE hold may be placed against these non-citizens, which requires that they remain in custody even if they have posted bail or completed their sentences. Sometimes, ICE officials may show up at your home years after your conviction because said conviction is a deportable offense. Often these unfortunate persons are held without bond by ICE until their eventual removal.
If you have been accused of committing a crime or have convictions from your past, contact us and we will protect your rights and fight to keep you from being deported or removed from the U.S.
Illegal Immigration
Penalties for Illegal Immigration
In 1996, several laws were passed that have caused deportations of foreigners to rise dramatically. These include the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). According to the IIRAIRA, any person unlawfully living in the United States for over 180 days, but less than a year must move outside of the U.S. for no less than 3 years. If they have been illegally in the United States for longer than one year, they are not allowed back for 10 years, unless they have received a waiver. In 2012, however, President Obama announced a provisional waiver program that alleviates this harsh law. It takes effect on March 4, 2013. This program allows spouses of U.S. Citizens or parents of adult U.S. citizen children (who have reached 21 years of age) to remain in the U.S. while they apply for a waiver. Once the waiver is approved, they will get an appointment at the U.S. Embassy in their native country in order to obtain their green card. After a brief trip, they will be allowed back to the U.S. green card in hand. But these provisions apply to those persons who do not have serious criminal records.
However for persons with criminal convictions, these laws contain harsh provisions that prevent that person from receiving a waiver and can even lead to deportation. Therefore, it is in your best interest to seek the legal help of an immigration attorney as quickly as possible. Deportation or removal of an individual from the United States may be based on a variety of factors, including
- illegal entry into the county
- overstay of one's visa
- violation of a visa
- fraudulent activity
- criminal conduct
If you or someone you know anywhere in the U.S. needs legal assistance with deportation defense, please contact a knowledgeable attorney. As a lawyer who has focused his practice exclusively on immigration law services and the consequence of criminal conduct, Attorney Bloom has the knowledge and skill to represent you in deportation hearings. His primary objective in such cases is to help you avoid removal from the United States.
Overturning a Criminal Conviction
If you are in a deportation or removal hearing as a result of a criminal offense, or have been deported based on a conviction, we should be immediately consulted. With two decades of immigration law experience, we know how to challenge convictions to get them vacated and sentences reduced to obtain a more favorable outcome for those in removal proceedings. If we are successful in your case, a motion to reopen removal proceedings can prevent or reverse a decision to deport you. Our firm's emphasis is to provide excellent service to our clients at reasonable fees while using hard-hitting tactics to prevail on immigration matters.
A recent ruling by the U.S. Supreme Court has made it clear that you have the right to an attorney who knows how a criminal offense can affect your immigration status and that you have the right to be advised of those repercussions. For those persons not advised, we may be able to file proceedings in criminal court that ultimately vacate these convictions.
Many times, a person is deported without remedy based on having been convicted of a crime that carried a sentence of a year or more. Depending on your situation, it may be possible to get your removal terminated if the judge in criminal court agrees to reduce your sentence to less than a year. We know how to file such an action.
Immigration Troubles
In the vast majority of DC Metro Area cases, there are no time restrictions to overturning a conviction. We can meet with you, find out the facts of your case and make a determination as to how your case could be appealed. Unfortunately, there are no time limitations for removal hearings and an old conviction for shoplifting or minor drug charge can cause immigration troubles in the present.
Whether it is by overturning your conviction, getting your sentence reduced or negotiating a plea in criminal court to a charge that will not affect your immigration status, we aggressively search for and work hard to implement the best solution to your situation.
Deportation based on conviction for a criminal offense may be preventable. Contact us now to find out how.
414 Hungerford Drive
Suite 211
Rockville, MD 20850
Tel: (301) 762-4021
Cell: (240) 994-7898
Fax: (301) 251-1192
Jonathan Bloom Attorney at Law
Jonathan Bloom was born and raised in Montgomery County, MD and is a 1992 graduate of the University of Baltimore School of Law. Mr. Bloom is a member of the Maryland and D.C. Bars and practices Immigration Law throughout the United States. Mr. Bloom opened his law practice in Rockville in 1993 and has been there ever since.
Mr. Bloom specializes in Immigration Law, Criminal and Traffic Law. Mr. Bloom specializes in securing the release of detained persons regardless of whether they have final deportation orders. Once the person is released, Mr. Bloom will work to secure that person's legal status in the U.S. on a permanent basis.
414 Hungerford Drive
Suite 211
Rockville, MD 20850
Tel: (301) 762-4021
Cell: (240) 994-7898
Fax: (301) 251-1192