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Massachusetts Defense Attorneys for Criminal Cases Against Immigrants

Criminal Charges and Convictions and U.S. Immigration

Almost any criminal conviction and sometimes even charges, can have a negative impact on an individual’s immigration status. As a result, there are many advantages to hiring a legal firm with both criminal and immigration experience, such as FitzGerald Law Company.

The Importance of Hiring a Criminal and Immigration Lawyer if You are Not a U.S. Citizen

If you are not a U.S. citizen, having a prior criminal conviction, or even facing criminal charges can place your immigration status in immediate danger. A criminal case that seems minor under Massachusetts law (or under the laws of other U.S. States) may still lead to serious immigration consequences, including removal / deportation proceedings, denial of naturalization, or inadmissibility to the United States. This is why it is essential to work with an attorney who understands both Massachusetts criminal defense and U.S. immigration law.

Many criminal defense attorneys focus solely on reducing jail time, probation, or fines. However, certain disposition or plea agreements, including CWOFs or probationary sentences, may still count as convictions for immigration purposes. Without proper legal guidance, a non-citizen can unknowingly accept a plea that triggers immigration enforcement actions.

At FitzGerald Law Company, our attorneys evaluate how criminal charges, plea agreements, and sentence structures affect immigration status. By coordinating criminal defense strategy with immigration defense, we work to protect clients from unnecessary immigration consequences whenever legally possible. Get comprehensive legal guidance by calling to schedule a confidential consultation with one of our experienced Boston criminal and immigration lawyers today at: 617-523-6320 (ext. 0) or complete our online appointment request.

How a Criminal Case Can Affect Your Immigration Status

Criminal convictions can lead to severe outcomes under U.S. immigration law, including:

• Removal / deportation from the United States
• Denial of a green card or visa
• Ineligibility for U.S. citizenship or naturalization
• Mandatory detention by immigration authorities under section 236 of the Immigration and Nationality Act

For non-citizens, early involvement of an attorney experienced in both criminal and immigration matters is critical. The way a criminal case is resolved can determine whether an individual remains eligible to live and work in the United States.

Preventing Immigration Consequences from Criminal Charges

Criminal Defense Strategies for Non-Citizens of the U.S.

If a foreigner or non-citizen of the U.S. has a criminal case currently pending, we can work to negotiate a resolution that minimizes or avoids mandatory immigration penalties. This may include seeking alternative dispositions, carefully structuring plea agreements, or avoiding outcomes that qualify as deportable offenses under immigration law.

Immigration Relief for Prior Criminal Convictions

If a foreigner or non-citizen of the U.S. has a prior criminal conviction, we may be able to pursue post-conviction relief. This can include filing motions to vacate, modify, or reverse past convictions when appropriate, helping reduce the risk of removal / deportation or denial of immigration benefits.

Several years ago, on March 31st, 2010, the Supreme Court decided the case Padilla v. Kentucky and ruled that the consequences of criminal charges are so severe under the U.S immigration law that criminal defense attorneys must provide “proper” advise about those consequences, and if a lawyer did not, then the conviction should be vacated.

This means that if an immigrant is facing or will face trouble because of a prior criminal conviction, they may be able to remove the conviction by filing a Motion for a New Trial with evidence they were not properly advised by their attorney.

States have applied this ruling of the Padilla case in different ways.  Some states like Florida (see Hernandez v. State, 124 So. 3d 757 (Fla. 2012) have had their court rule that the requirement of providing proper immigration advice only applies “prospectively” or to convictions which occurred after 03-31-2010.  While other states like Massachusetts have found it applies to cases and convictions which occurred before 03-31-2010 (see Commonwealth v. Clarke 460 mass 30 (2-8-2011)

Criminal Defense Strategy That Protects Your Immigration Status

At FitzGerald Law Company, our criminal defense and immigration attorneys evaluate charges, plea options, and sentence structure with immigration consequences in mind, so you can make informed decisions that protect your future. Call 617-523-6320 (ext. 0) to schedule a private consultation to review your record and learn about your legal options, or complete our online consultation request form.

Crimes That Commonly Trigger Immigration Problems

There are two primary categories of criminal offenses that often result in immigration consequences under federal law: Crimes of Moral Turpitude and Aggravated Felonies.

Crimes of Moral Turpitude and Immigration Consequences

The Immigration & Nationality Act and the Code of Federal Regulations state that a non-citizen who has been convicted of, or admits to committing, a crime involving moral turpitude may be found inadmissible to the United States.

Under federal regulations (22 CFR §40.21(a)), a crime involving moral turpitude is evaluated by officials at U.S. consulates based on moral standards generally accepted in the United States, and courts have defined moral turpitude as conduct that goes against honesty, justice, or good morals, including acts of baseness or depravity toward others or society.

Aggravated Felonies and Deportation Risk

Under immigration law, an aggravated felony includes serious offenses such as:

• Murder, rape, or sexual abuse of a minor
• Drug, firearms, or explosives trafficking
• Money laundering offenses
• Crimes of violence with a sentence of one year or more
• Theft or burglary offenses with a sentence of one year or more
• Any offense listed under INA §101(a)(43)

A conviction for an aggravated felony can result in mandatory deportation and may permanently bar an individual from many forms of immigration relief.

What Counts as a Conviction for Immigration Purposes?

The definition of a criminal conviction under the section 101(a)(48) of the Immigration and Naturalization Act contains two elements, first either a finding of guilt or an admission to sufficient facts for a finding of guilt, and second a punishment that restrains the person’s liberty such as a term of probation, a suspended jail sentence or an actual jail sentence.  This definition is different than the definition used under many state laws.

For example, in Massachusetts, a criminal charge may be “continued without a finding of guilt” and after the successful completion of a period of probation it will be dismissed, so it is not a “conviction”, with some limited exceptions.  Therefore, a disposition of a criminal case may not be a conviction under the law of a state, but may be considered a conviction under the immigration law, which may result in removal proceedings, denial of naturalization, or exclusion from the United States.

Have a Prior Criminal Conviction? You May Still Have Options

Certain past cases can sometimes be reopened or modified through post-conviction relief. We can review your record and explain potential next steps as well as risks in plain language and help you choose a path that minimizes immigration consequences whenever possible. Schedule your consultation today with one of our criminal and immigration lawyers today.  Call: 617-523-6320 (ext.0) or complete our online appointment request.