Immigration Status Hearings

Criminal arrests and convictions can have serious consequences for both legal and illegal foreigners residing in the United States. Depending on the severity of the crime you were convicted of, any foreign citizen can be deported from the United States, even lawful permanent residents.

The United States Immigration and Customs Enforcement Agency has taken an aggressive stance against people who are convicted of certain crimes. Federal prosecutors push for convictions against foreign citizens, often resulting in good people being pushed out of the country. Some criminal convictions may result in the offender not being granted future admission, residency, or citizenship to the United States. Foreign citizens and lawful United Stated residents born in other countries should contact a Miami criminal defense attorney with experience in immigration hearings.

Aggravated felonies and crimes of violence. A criminal defense attorney can support you in a variety of ways. Ideally, a defense would be raised, and the defendant would be found not guilty. A defense attorney can also argue for a reduction to a less serious offense, or advocate on your behalf at an immigrant status hearing.

Examples of aggravated felonies and crimes of violence include:

• Theft (§ 812.014)
• Robbery (§ 812.13)
• Burglary (§ 810.02)
• Aggravated Assault (784.021)
• DUI resulting in serious bodily injury (§ 316.193(3)(c)2)
• Attempted Felony Murder (§ 782.051)
• Distribution or manufacture of cocaine (§ 893.13(1)(a)1)
• Distribution or manufacture of marijuana (§ 893.13(1)(a)2)

Crimes Involving Moral Turpitude (CIMT). CIMT refers to crimes that are particularly vile. This can result in deportation regardless of whether the crime is a felony or misdemeanor. Although this area of law is vague, courts have generally made a finding of moral turpitude when any of the following elements are present:

• crimes committed with the intent to defraud or steal;
• lewd sex acts;
• crime involving malice;
• crimes involving reckless or intentional harm to another person or their property.

Crimes Involving a Controlled Substance. Offenses that involve any drugs or controlled substances may result in deportation from the United States.

Other Crimes. Crimes of domestic violence, crimes involving firearms, and violations of protective orders are all crimes with potential deportation consequences.

If you are not a citizen of the United States and were recently arrested for any crime in South Florida, having an experienced criminal defense attorney by your side is critical. Criminal arrests can be stressful, and often entail serious consequences. An attorney will help to mitigate the consequences and protect your status in the United States.