In some cases, the immigration consequences of criminal activity begin at the time when a client was just charged with a crime. For example, a Legal Permanent Resident client (“green card” holder), who was charged with soliciting of a prostitute, and who subsequently traveled outside of the United States, may be found inadmissible on his way back home, while the criminal investigation is still pending. Only an attorney who has experience in both immigration and criminal law will be able to advise a client on how to prevent potential expense and aggravation of dealing with the US immigration agencies and being able to return to one’s friends and family.

Therefore, it is tantamount for a criminal lawyer to understand the immigration implications of any charge, plea bargaining or conviction.

Important Note about Plea Bargaining:

Be very cautious about entering ANY agreement to plead guilty or no contest (nolo contendere) on behalf of a non-citizen client. If a client is not a United States citizen, a criminal attorney must be aware of what the immigration consequence might be before deciding what to do with the case. A criminal lawyer may need to seek the advice of an immigration attorney because failure to understand the immigration nuances of the case might have grave effect on a client future attempts to seek and/or obtain immigration benefits. A slight change in a charged offense or sentence could make a huge difference in possible removal/deportation proceedings or have removal proceeding to be avoided at all.

Such a little detail as a failure by a criminal judge to advise a defendant of the immigration effects of a criminal conviction may be grounds for termination of deportation/removal proceedings. Needless to say, if a conviction is vacated, the immigration issues are eliminated.

Alex Meyerovich – M.C. Law Group, LLP is an immigration lawyer in Bridgeport, Connecticut.

By: Alex Meyerovich