Immigration Law

Aggressive Defense for Criminal Matters, and dealing with Deportation proceedings in California

When a removal order is issued for you, a member of your family, or a loved one is a very scary process. This notice may come completely unexpected. However, the consequence of this action is simple it will tear your family apart. Act cautiously when facing such consequences involving deportation proceedings. This action may also result in a denial for reentry or citizenship in the United States for years to come. Do not let this happen to you, or your family member without seeking help. Consult an aggressive attorney when facing criminal deportation promptly.

As you may be aware since the September 11, 2001 attacks on the United States, immigrants have faced increased scrutiny. If you or a person you know is an immigrant and may have a past criminal record, or this person is found to have committed crimes that were never prosecuted, many times a removal process is a likely result. Previous to 9/11, many immigration laws were not strictly enforced; today the climate and temperament of the “land of the free” has changed. In fact, if a deportable offense was committed years ago, and you have a green card, you may still receive a notice now to appear in immigration court for removal procedures.

Green card holders tend to be held to a higher standard than those without the card. However, as a green card holder you may have additional rights allowing you to fight your case. If a person in possession of a green card commits a deportable offense, he or she may face immediate deportation proceedings. Deportable offense can include a number of crimes, including:

• Aggravated felonies
  
• Drug crimes
  
• Sex crimes
  
• Domestic violence
  
• Firearms offenses
  
• Violent crimes
  
• Fraud-related offenses

A wholly different area of concern would involve a crimes of moral turpitude. This can be theft cases, a drug sales case, in possession of false identification, etc. If such a crime was committed within five years of a person receiving a green card, the alleged offender will be subject to deportation/removal proceedings. Further, if a green card holder commits two deportable crimes at any time, he or she is subject to removal.

There is hope, we at McNamara & McNamara can offer you a experienced legal defense in these matters. Attempting to cancel the removal orders, and seeking permission to stay in the country; sometimes in more difficult cases we can seek a voluntary removal rather than involuntary.

For misdemeanors, there is a petty offense exception waiver that may be applicable to your situation. This would allow a person to apply for a green card. There are also methods of filing appeals and motions to vacate to obtain reduction or removal of criminal charges and, ultimately, cancellation of removal.

To qualify for cancellation of removal eligibility or voluntary departure, specific requirements must be met. However, if a person has an aggravated felony on his or her record, deportation is unpreventable. To know if cancellation of removal is a possibility for you, the only option is to speak with an attorney who understands both criminal defense, criminal cases, and immigration law.

Some defense attorneys unfamiliar with immigration law often encourage their clients to enter a plea in exchange for a lesser sentence or charge or for suspended jail time. Depending on the crimes and charges involved, this action may eliminate your eligibility for cancellation of removal and you will be deported.

McNamara & McNamara represents immigrants and non-immigrants facing criminal proceedings, deportation proceedings, assist in helping with prior allegations, convictions for older charges in the Los Angeles area and throughout Southern California. We are here to help if you have been arrested, charged with a crime right now. Also we can assist if you cases have been resolved in the criminal court with a pending deportation or removal proceedings, or facing the loss of green card or ineligibility to enter the U.S.