Empowering Immigrants, Strengthening America
For noncitizens, a criminal charge may create consequences far beyond fines, probation, or jail exposure. Even relatively minor offenses can sometimes affect immigration status, future applications, or the ability to remain in the United States.
Immigration consequences are not always obvious from the criminal charges themselves. A plea agreement that appears favorable in criminal court may still create serious immigration problems later. At DeCosmo Law, our firm represents noncitizen individuals throughout New Jersey in both criminal defense and immigration matters involving potential deportation risks.
Why Immigration Consequences Matter in Criminal Cases
Federal immigration law treats certain criminal offenses differently from New Jersey criminal law classifications. Some offenses involving controlled substances, fraud, theft, or domestic violence may trigger deportation concerns even when the case does not involve jail time.
Under 8 U.S.C. § 1227(a)(2), certain criminal convictions may make a noncitizen removable from the United States. Other offenses may affect admissibility into the country under 8 U.S.C. § 1182(a)(2).
These immigration consequences may affect:
- Lawful permanent residents
- Visa holders
- DACA recipients
- Individuals with pending immigration applications
- Undocumented immigrants
Can a Criminal Defense Attorney Handle Immigration Issues Alone?
Criminal defense attorneys play a critical role in protecting constitutional rights and defending against charges. However, immigration law is highly specialized and often requires a separate legal analysis.
Criminal defense attorneys must advise noncitizen clients about certain deportation risks connected to guilty pleas. When a criminal defense attorney is not also well-versed in immigration law, there is no guarantee the attorney is fully aware of, or understands, the associated risks.
Determining the immigration impact of a plea agreement often requires a detailed review of federal immigration statutes, prior immigration history, and the exact language used in criminal records. Our firm regularly evaluates whether alternative plea structures, amended charges, or diversionary programs may reduce immigration consequences for noncitizen defendants.
Why Coordination Between Attorneys Can Matter
When criminal and immigration issues overlap, communication between attorneys may be extremely important. A criminal defense strategy developed without considering immigration law may unintentionally create future removal risks.
For example, two charges that appear similar under New Jersey law may be treated very differently under federal immigration law. The wording used in plea documents, sentencing records, and factual admissions can all matter later in immigration proceedings.
Having coordinated representation may help ensure decisions made in criminal court are evaluated with immigration consequences in mind.
What if You Already Have a Criminal Conviction?
Even older criminal convictions may continue affecting immigration status years later. Some immigrants first discover immigration consequences when applying for citizenship, renewing a green card, or returning from international travel.
Depending on the circumstances, post-conviction relief or other legal remedies may sometimes be available. Reviewing the criminal record and immigration history carefully is often the first step in evaluating possible options.
Discuss Criminal and Immigration Concerns with DeCosmo Law
If you are a noncitizen facing criminal charges in New Jersey, obtaining legal guidance early may help you better understand the possible immigration consequences connected to your case. DeCosmo Law assists individuals throughout New Jersey with criminal defense matters, deportation concerns, visa issues, and related immigration proceedings. Get in touch with us today by calling (856) 361-2122 or sending us a message. Se habla español.