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Deportation - Immigration

Deportation and Criminal Convictions

Defense Against Deportation

The Immigration and Nationality Act contains several grounds for deportations of aliens, whether the alien is in lawful or unlawful status. Some of the grounds include:

  • Entering Illegally
  • Overstaying
  • Certain types of criminal activity.

If a person is not a United States Citizen, a criminal conviction can subject them to deportation or removal from the United States. If a person has been convicted of certain criminal offenses, including simple or domestic battery, they may be subject to deportation from the USA regardless of how long ago the criminal conviction occurred, or how long they have been in the country, even a withhold of adjudication counts as a criminal conviction by the immigration officials, even if the record was sealed.

However, a person who has entered a plea of guilty or no contest to a criminal charge may have legal grounds to withdraw their plea if they had not been advised by the Judge, or their attorney, prior to entering the plea, that their plea could subject them to deportation. Prior to October 26, 2006 the immigration law allowed a person two years from the date they threatened with deportation from the immigration officials to file a motion to withdraw their plea. On October 26, 2006, the Florida Supreme Court in State v. Green severely reduced that time to two years from the date of their conviction. However, the Supreme Court did authorized people who were convicted prior to October 26, 2006 to be allowed two years from that date to file motion to withdraw their pleas in such cases.

If you or your family are not United States Citizens and have previously entered a plea to a criminal charge, you may be subject to deportation. However, you may still be able to withdraw your plea if you were not properly advised or misadvised of the consequences. The deadline to file such a motion is extremely limited. If you are not a United States Citizen and have a criminal record, it is important that you discuss with a criminal defense attorney what consequences that record will have on your ability to remain in the United States.
Last, a person in deportation proceedings may be eligible for some type of relief which would prevent a deportation order.

Our immigration and criminal defense attorneys are very skilled and have represented hundreds of clients in the past. If you or someone you know is subject to deportation please contact our deportation attorneys immediately. We are available 7 days a week at (909) 915-0181. We value your privacy and will keep any information strictly confidential.





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