Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
The United States does not make it easy to become a citizen. U.S. citizenship is a privilege and people in this country who are not citizens do not have the same rights and protections that U.S. citizens enjoy. When a Green Card holder or other non-citizen has a problem with law enforcement or immigration authorities, they need the assistance of a knowledgeable criminal defense attorney who understands how their immigration status impacts their case.
Knowing what to do in these delicate situations can be confusing, and it may feel like there is no good path forward. A Conroe immigration defense lawyer, and former felony prosecutor and Immigration and Customs Enforcement (ICE) trial attorney such as Raphael Ortega could ensure you get effective legal representation that is sensitive to the possible impact on your immigration status.
The government can deport non-citizens who are convicted of crimes or plead guilty or nolo contendere to criminal charges. Even an arrest without a conviction could lead to removal proceedings if the individual is undocumented.
Obviously, avoiding an arrest is preferable, if possible. Non-citizens can help themselves in encounters with law enforcement by asserting their rights. Although non-citizens do not share all the same rights as U.S. citizens do, law enforcement must honor certain rights regardless of who asserts them.
If a police officer asks a question, the person they are speaking to does not have to answer. Officers sometimes speak harshly to people who do not answer their questions or may persuade them to talk by appealing to their emotions—but in most cases—asking for an attorney and refusing to answer questions without one is the safest response.
It is especially important for undocumented people to avoid speaking with an officer about their immigration status. Lying to (or misleading) an officer or presenting false documents could lead to significant consequences, including deportation. Requesting legal counsel is the best response for any non-citizen—documented or not—if law enforcement or immigration officers ask about immigration status.
Police and immigration officers must have a criminal warrant to enter someone’s home. Do not confuse an ICE civil administrative warrant (sometimes referred to as an “ICE warrant”) from a criminal warrant that is reviewed and signed by a judge or magistrate on the basis of probable cause. An “ICE warrant” (usually signed by an immigration officer, not a judge) is based on a civil immigration law violation and only allows immigration authorities to arrest the individual specifically named in the document. Equally important, an “ICE warrant” does not grant immigration officers the authority to enter one’s home without consent, unlike a valid criminal search warrant.
A valid criminal search warrant will describe what the officers are looking for and it must direct them to search for evidence of a crime or a person. If the officers do not present a warrant, they have no right to enter. The best response is to politely tell the officers to get a warrant, exercise your right to remain silent, and then immediately call a seasoned Conroe immigration defense attorney for advice.
When someone who is not a U.S. citizen faces criminal charges, a successful defense requires more than just keeping them out of jail. In many cases, the immigration consequences are far harsher than the potential criminal sentence. Even a sentence that includes no jail time could get you deported. A non-citizen facing prosecution must seek legal representation from someone who has vast experience in criminal immigration matters.
Most people who face criminal charges resolve them by pleading guilty or nolo contendere to the offense charged or a lesser offense. Although resolving criminal charges by plea often makes sense from one perspective, a plea to certain crimes could constitute grounds for removal from the country. Any crime involving deception or dishonesty could impact a person’s immigration status. Similarly, violent crimes, felonies, and domestic violence arrests and convictions could lead to deportation.
Even if a person has legal permanent resident (LPR) status and has been in the U.S. for years, an arrest could endanger the possibility of achieving citizenship. Depending on the charge, an arrest could be used as a pathway to deny citizenship. A dedicated immigration defense lawyer in Conroe could help an applicant explain the circumstances of their arrest and persuade an immigration officer that their application has merit..
An arrest or conviction of a criminal charge could lead to a removal action. “Removal” means being transported back to one’s country of origin without an option to return—what used to be called deportation. Someone also could face removal action if they are undocumented and Immigration and Customs Enforcement (ICE) officers become aware of their unlawful presence in the United States.
Although facing removal is frightening, it is possible to fight on several grounds. A non-citizen could seek asylum or protection under the Convention Against Torture. Some Green Card holders and non-permanent residents could seek cancellation of the removal under unique circumstances. A proactive immigration defense attorney in Conroe could achieve the termination of removal proceedings if they can prove there was no legal basis to seek removal.
If you are not a U.S. citizen, facing official government actions like criminal proceedings or ICE enforcement could be terrifying. You can trust a Conroe immigration defense lawyer and former ICE trial attorney such as Raphael Ortega to provide top-notch representation that gives you the best chance of preserving or defending your immigration status.
Do not try to handle such a serious matter on your own. Contact a compassionate and capable legal professional today.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.