Immigration Issues

GREEN CARD, DEPORTATION, CITIZENSHIP? ARE YOU HAVING PROBLEMS WITH RE-ENTRY DUE TO A CRIMINAL CASE? 

In the past several years, immigration laws have gotten more complex and the ways that immigration courts handle cases has gotten much more complex. I am a criminal defense attorney. Immigration courts are specialized and are not the same as criminal courts. However, it is good practice for criminal defense attorneys to understand immigration consequences if they have a client charged with a criminal offense. 

For any client that I represent who is charged with a criminal offense, I always refer him or her to an immigration lawyer. Virtually anyone who is not a U.S. citizen (visa holder, refugee, asylum seeker, permanent resident/green card) is at risk of deportation/removal from the United States if the person is charged with a crime in Pennsylvania. There are very few criminal offenses for which a person can not legally be deported/removed. 

Consequently, if you are not a U.S. citizen and charged with a criminal offense, the best approach is often to work towards the right outcome in criminal case in order to achieve the right outcome later in the immigration matter. 

There are just a couple true immigration attorneys in the Lehigh Valley, and the rest are located in Philadelphia or elsewhere. The main reason for that is that there are no immigration courts in the Lehigh Valley. People from the Lehigh Valley who are detained for immigration issues are usually held in York County Prison or in the Federal Detention Center in Philadelphia. 

Lawyers generally locate themselves near the courts where they regularly practice. Consequently, most true immigration attorneys are located near federal courts (Philadelphia, New York, etc) or in York County (since people can be held in the prison located there). 

If you are in the Lehigh Valley and charged with a crime here, and you are not a U.S. citizen, you may face immigration consequences later. The first step is to get a criminal defense attorney and deal with the criminal charge in the right way. 

So if this occurs, contact me. I will then advise you that ideally we should also be consulting with an immigration attorney in order to understand all the possible scenarios for immigration later, depending on the various outcomes of the criminal case first. This will enable me to carefully craft a plan from the beginning in the criminal case. 

Contrary to popular belief, it is not my experience that prosecutors are “out for blood” towards those who are not U.S. citizens. Prosecutors who may be prosecuting you for a criminal offense are still looking at the big picture—does the person charged with the crime deserve to also be deported. 

 Very often prosecutors are not seeking to raise the alarm on someone who is not a citizen, even if he or she has committed some minor criminal offense. Prosecutors generally analyze their approach on a case-by-case basis. If the immigration issue that you have is not related to a crime but is an issue involving your visa, green card, asylum or refugee status, then you should consult strictly with an immigration attorney.