2017 has experienced rising numbers in deportations to the tune of an increase of 32 percent. As a non-citizen, determining your options in a foreign land is confusing and complex. There are options for “relief” through the various courts in the United States legal system. Knowing which to request is often a guessing game for non-citizens. The first step is to understand the options, and second to know which option is best for you. If the situation is complicated by a crime, the picture grows more bleak. If you are an immigrant and have been charged with a crime, you will need the expertise of an experienced criminal defense attorney who understands immigration law and the immigration legal system.
Options for Deportation Relief
These options are for those facing deportation when the situation is not complicated by a criminal charge:
- Non-permanent Resident Cancellation of Removal – When someone who is not a citizen has been in the United States for more than 10 years, he or she may be eligible for a green card if they can prove they have been here and have not been convicted of certain crimes, have maintained good standing, and can prove deportation would cause unusually exceptional hardship on a spouse, child, and/or parent.
- Permanent Resident Cancellation of Removal – Individuals who have secured a green card may be able to stay in the U.S. and keep their green card if they can prove that they have not been convicted of an aggravated felony; if the can prove they have lived in the U.S. for 7 years; and if they have been a permanent resident for at least five years.
- Asylum – When someone has escaped their native country and migrated to the U.S. because of some category of persecution, there are several options that may be applicable.
Deportation Options for Those Convicted of Crimes
The picture changes for those with criminal convictions. As a former prosecutor, Steve Karimi has exceled on both sides in immigration court and knows the best result may be to negotiate a compromise with the U.S. Government. He will craft a plan to work with the prosecution and get your charges dismissed. Or, there may be resolutions possible, too, that does not involve conviction and that will not launch immigration consequences. Sometimes, we can apply for a “waiver” for the criminal conviction depending on the circumstances.
Washington State Supreme Court announced a new rule in 2017 that will prohibit prosecutors from using a person's status in criminal and civil proceedings. Contact our office if you are an immigrant and have been charged with a crime. To assure you have the best chance of remaining in the U.S., you will need legal representation, and sooner rather than later. We can help you sort out your case and provide the very best options possible. Call today.