Advisal Of Immigration Consequences
The term “crimmigration” refers to an area of immigration law that converges with criminal law. This particular area of immigration law is complex, nuanced and often counterintuitive.
A conviction for a criminal offense can have significant consequences. From the loss of certain rights like voting or owning a firearm to impacting one’s ability to obtain employment, the consequences are rarely limited to the sentence and penalties imposed by the judge. This is particularly true for noncitizens (including green card holders) as certain criminal offenses have very serious immigration consequences, including:
- Being placed in removal proceedings before an IJ based on ICE’s belief the conviction renders the noncitizen (including those with status) removable;
- Making them ineligible for certain forms of relief in removal proceedings before an IJ; and
- Preventing a noncitizen from obtaining a green card (legal permanent residence), temporary status (e.g. DACA and TPS) or becoming a naturalized U.S. citizen.
Due to the serious immigration consequences that may directly result from a conviction for certain offenses, it is highly recommended that noncitizens consult with an immigration attorney with a strong understanding of crimmigration issues prior to entering a plea in a criminal case. Since entering private practice, Dan has worked directly and indirectly with several criminal defense attorneys who were representing noncitizens that needed to be advised of the potential immigration consequences of both state and federal criminal offenses. Due to the importance of these advisals, CJA-appointed attorneys may be able to receive approval for Dan’s expert services in this area from the judge presiding over their client’s case.
Bring A Unique Perspective To Your Client’s Case
Attorney Dan Gividen has a wide variety of experience with handling complex legal matters and he knows what is at stake for your client if they’ve been charged with a crime as an immigrant. You can trust him to deliver effective, knowledgeable guidance to help your client get the best outcome possible.