QUESTION: I have a past crime. Do I need to consult an immigration attorney before I apply for immigration status?
Answer: As you might know, the deportation attorney can help determine if you have a problem in your immigration case because of a past crime. Noncitizens living in the United States face potentially devastating consequences because of their convictions or criminal activity. During the late 1980s and throughout the 1990s, removal of criminal aliens became one of the top priorities of Immigration. Even today, when you have a prior crime (even 20 years ago), you should most definitely consult a deportation attorney.
Question: What is I plead guilty?
Answer: As the Supreme Court held in Padilla v. Kentucky, because the immigration consequences of criminal convictions can be so severe for noncitizens, criminal defense counsel must be able to properly advise their noncitizen clients of the immigration consequences of certain criminal convictions and sentences, and know what they can do to try to minimize or eliminate such consequences. The deportation attorney will advise you that while Padilla v. Kentucky does not apply to older crimes, the reasoning and basis of that case still is applicable. Similarly, deportation lawyers must be able to adequately assess the impact of crimes on their clients’ immigration status or eligibility for certain benefit.
Question: Will every single crime be a problem in immigration?
Answer: Immigration consequences attach to clients who have been convicted of certain crimes. Sometimes, the deportation attorney will inform you that even some clients who admit to committing certain crimes for which they were not convicted, or whom the government has “reason to believe” are involved in certain criminal activities will have immigration consequences attach. The deportation attorney must properly advise you how the crime will impact your immigration status. Many clients are reluctant to admit that they were ever arrested, either out of shame, because they do not believe the offense was a serious one, because they don’t think immigration will ever find out about it, or because they are afraid that this might affect the deportation attorney’s decision to represent them. Of course, this would be a very large mistake for the client to not properly inform the deportation attorney of his or her criminal history. Other clients are actually unaware that an incident in the past amounted to an arrest, or worse yet, a conviction. This is where the deportation attorney must inquire and investigate to determine what exists in your past that might make you inadmissible in the U.S.
Question: What if I just don’t tell Immigration about my past criminal history?
Answer: Clients must understand that if they were ever detained by state or federal officers and their fingerprints were taken, they were probably arrested. DHS most likely will obtain this information when it conducts its checks using the various and increasingly accessible, updated, and coordinated systems at its disposal. Filing an application for a benefit and returning from a trip abroad are two things that almost always will trigger some kind of check by DHS for any criminal history. Many people will call a deportation attorney after they are in detention, or when the Notice to Appear to be placed into Removal Proceedings. However, you should contact a deportation attorney before you travel outside the U.S. or before you try renewing your Green Card or before you apply for Naturalization. Thus, it is critical that the deportation attorney emphasize to clients at the first interview or consultation how important it is for them to disclose to you right away if they have ever been arrested or convicted, so that the deportation attorney can investigate and evaluate any potential consequences before any application is filed or before they travel abroad.
* * *
Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
