[Blog]

While the presentation was primarily to criminal attorneys and judges, these are important considerations for aliens who find themselves in criminal proceedings as well.  First, if you were born in the United States or any of her territories, have parents who were either born in the United States or later naturalized, you need to determine whether you are a citizen of the United States already, even if you have no U.S. Passport or certificate of citizenship at this point.

Second, you want to make sure that you do not admit the facts that constitute any crimes, and always speak to a lawyer before you make or sign any statements to the police or a judge. This is important to consider when making plea agreements as well, as sometimes those please require you to admit facts which constitute the crime, which can result in negative immigration consequences.

Third, you want to make sure that you craft a plea agreement that will result in sentences that do not result in your removal/inadmissibility to the United States.  This generally means that you do not get sentenced to more than six months in jail, do not have a longer suspended sentence, and that you are not convicted of a crime which has a maximum possible sentence of one year. Also, if you have multiple criminal convictions, you need to avoid having an aggregate of five years sentences. One last thing on this topic, it is important to consider what your status in the United States is, and what negative consequences you wish to avoid, as that will determine how you proceed.  Sometimes, it makes sense to accept a plea which would result in your being deportable, but not inadmissible, if you are eligible for adjustment of status, etc.

Fourth, there are other considerations such as whether your conviction will result in your being ineligible for Naturalization other discretionary immigration benefits.  In cases where you are trying to avoid a conviction altogether, it will be important for your attorney to work closely with the prosecutor, sometimes even having you perform community service, take specific classes, or other remedial measures so that the prosecutor will drop the charges, or otherwise assist you in avoiding negative immigration consequences.  

Lastly, as always, make sure to contact competent legal counsel to help you deal with all the immigration aspects of any criminal activity. I have never gone into criminal court to defend anyone, and never will. My experience is in dealing with immigration issues, and so I regularly work with criminal attorneys to help them go into criminal court to help my clients avoid those negative immigration consequences.