Immigration Consequences

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Criminal Defense for Non-Citizens

Criminal prosecution can have serious immigration consequences for people who are not U.S. citizens.

So you could face immigration problems including: Deportation (Removal); Denial of Naturalization; Bar to Re-Entry; and Other, visa renewal, upgrade issues. But your criminal defense lawyer can help prevent immigration problems, by managing the criminal case.

Can they deport Permanent Resident for a conviction? Yes. So even if you are a Permanent Resident, a criminal charge can result in Removal or Deportation. Do not let this happen to you. The best way to prevent criminal-law related immigration consequences is to prevent the triggering criminal conviction.

Attorney Thomas Gallagher has helped his clients avoid deportation for years. Moreover, he has represented many non-citizens facing Minnesota criminal charges, over his 38 years in criminal defense.

And Attorney Thomas Gallagher teaches other lawyers how to avoid immigration law problems by defending the criminal case. For example, he recommends that clients also consult an immigration lawyer. And that helps Attorney Thomas Gallagher prevent immigration problems by managing the criminal case accordingly.

So the criminal lawyer must have a working knowledge of immigration law and consequences. And he should work with the client’s immigration lawyer as well. This double approach helps us achieve the best possible outcome.

Common grounds for Removal

When a criminal case triggers an immigration law problem, the worst is “Removal.” Also called “Deportation,” removal from the United States is a severe penalty.

The common federal grounds for Removal due to criminal conviction are:

1. “Aggravated Felony,”
2. “Crimes Involving Moral Turpitude,” and
3. “Crime of Domestic Violence” conviction.

“Conviction” trap: immigration consequences

So, preventing the “conviction” can prevent the immigration consequences. But why the quotation marks around “conviction?” Because some criminal law outcomes that are not “convictions” under Minnesota law; are “convictions” under federal immigration law. (Example: “Stay of Adjudication.”) And that is only one of many traps for the unwary.

Beware! Some criminal lawyers know little of immigration law. And that’s why you need a criminal lawyer who does know immigration laws, like Attorney Thomas Gallagher.

“Aggravated Felony” Conviction

You need to know if a criminal charge is an “aggravated felony.” And this is not intuitive. So some federal “aggravated felonies” are:

• not felonies under Minnesota state law, and
• not “aggravated” crimes in any common sense way.

If a charge fits the federal statutes’ “aggravated felony” definition, then we work to avoid a “conviction” for an aggravated felony. And this can help avoid immigration consequences.

“Crimes Involving Moral Turpitude”

Next, if a charge does not fit the federal “aggravated felony” definition; is it a “crime of moral turpitude?“ The federal immigration law defines “crimes of moral turpitude.” But the federal statutes and rules are not always clear. So we look to the courts for guidance about which crimes fit the federal “crime of moral turpitude” definition.

And generally, one, single conviction for a “crime involving moral turpitude” does not trigger Removal or Deportation. But just one “conviction” can cause other negative immigration consequences.

And even one “crime of moral turpitude” conviction can trigger immigration law problems, including denial of a Naturalization (citizenship) application. But two convictions for a “crime of moral turpitude” will trigger Removal or Deportation. So, avoiding the first one is important. After all, you can’t end up with two if you avoid the first. Your criminal defense attorney can help avoid it.

“Crime of Domestic Violence”

“Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable.” 8 USC § 1227 (a)(2)(E)(1).

A conviction of a crime of domestic violence, stalking or child abuse, neglect, abandonment, is deportable regardless of whether the crime is an “aggravated felony.” A “crime of domestic violence” means any crime of violence (as defined in 18 USC 16) against a person committed by a person ion a domestic relationship defined in the statute.

In addition, a violator of protection orders that involve protection against credible threats of violence, repeated harassment, or bodily injury to the person for whom the protection order is issued, is deportable.

As a result, when a non-citizen faces a domestic assault, child abuse, or violation of a restraining order case, they and their defense attorney must be mindful of immigration consequences of a “conviction.”

State crimes with immigration consequences

• Domestic Assault, misdemeanor or felony
• Federally-defined “aggravated felony”
  • gun crimes;
  • drug crimes;
  • sex crimes;
• “Crimes of Moral Turpitude”
  • Shoplifting and theft;
  • Prostitution

Question? Call Attorney Thomas Gallagher, 612 333-1500

Minnesota Defense Attorney Thomas Gallagher helps people avoid immigration consequences of a criminal conviction, by helping to prevent the triggering conviction.  He has represented non-citizen clients from countries all over the world. You are welcome to call him about preventing immigration law problems by defending your Minnesota criminal case.

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