Immigration Consequences of New Jersey Criminal Cases
Passaic County NJ Criminal Defense Attorney
Potential immigration consequences are an important consideration in defending criminal cases. Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Paterson, Newark, Morristown, and Hackensack, who have been charged with criminal offenses such as aggravated assault, robbery, drug offenses, terroristic threats, and weapons offenses.
If you have criminal charges pending against you, you can face any number of collateral issues during the pendency of your case, including immigration issues. Incurring a criminal conviction can then have its own serious and lasting consequences, including possible deportation. For these reasons, it is important for you to have an experienced attorney represent you at all stages of the process and fight for the best possible result. Contact Alissa D. Hascup anytime for an initial consultation, which is always provided free of charge.
Immigration Issues for NJ Criminal Charges
Immigration Consequences of Criminal Offenses
- Deportation (sometimes mandatory)
- Immigration detention (sometimes mandatory)
- Bars to hardship waiver, asylum, or other relief from deportation
- Limited judicial review of removal order
- Bars to lawful return to US after deportation
- Enhanced criminal liability for unlawful return to US
- Bar to US citizenship (for several years of permanently)
Categories of Immigration Status
- Lawful permanent resident (“LPR” or “green card” holder)
- Refugee or asylee
- Temporary visitor (on student, business, or other visa)
- Undocumented status (e.g., crossed the border without inspection or overstayed temporary visa admission)
The Department of Homeland Security is the authority that controls immigration. It is broken down into the following divisions:
- Customs and Border Protection (“CBP”)
- Immigration and Customs Enforcement (“ICE”)
- US Citizenship and Immigration Service (“USCIS”)
What is a “conviction” for immigration purposes
“Conviction” is defined in 8 U.S.C. 1101a(48)
- Formal judgment of guilt entered by a court; or
- If adjudication of guilt has been withheld, where:
a. A judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt; and
b. The judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.
Potential Dispositions in New Jersey
- Formal judgment of guilt in adult criminal court
- Diversion, drug treatment, or family counseling (IF plea or admission of guilt)
- Pre-Trial Intervention (“PTI”) (IF plea or admission of guilt)
- Conditional Dismissal (IF plea or admission of guilt)
- Conviction on collateral challenge
- Disposition vacated/expunged in the interest of justice
- Juvenile court disposition
- Pre-Trial Intervention (“PTI”) (IF no plea or admission of guilt)
- Diversion, drug treatment, or family counseling (IF no plea or admission of guilt)
- Conditional Discharge (IF no plea or admission of guilt)
- Conviction on direct appeal (being litigated)
- Disposition vacated based on legal defect in criminal case
Criminal Grounds of Deportability in New Jersey
1. Controlled dangerous substance (“CDS”) conviction (EXCEPT for possession of under 30 grams of marijuana)
2. Crime involving moral turpitude. 1 within 5 years of admission + potential sentence of 1 year or more
b. 2 any time after admission “not arising out of a single scheme”
3. Firearm offense conviction
4. Aggravated felony conviction
NOTE: This is the most dangerous – deportation is a near certainty. An aggravated felony conviction will permanently bar US citizenship, trigger mandatory detention without bond, and permanently bar the ability to return to the US after deportation.
NOTE: A misdemeanor can be an aggravated felony.
5 Crime of domestic violence or stalking conviction
6. Child abuse, abandonment, or neglect conviction
7. Violation of protection order – criminal OR civil
Ms. Hascup fully understands the nuances of the law and the defenses that can be raised to fight certain charges. She will use her knowledge and experience to your advantage.
Contact a Totowa NJ Deportation Defense Lawyer Today
If you find yourself in a situation where you have been charged with a criminal offense and are now facing immigration issues, don’t delay in hiring legal representation. Contact Alissa D. Hascup today to schedule an appointment for your free initial consultation.