Criminal Immigration Lawyer in El Paso

The world of criminal defense is made even more complicated in the context of immigrants and non-citizens.  Authorities accusing immigrants or non-citizens of crimes often have an immense amount of power to deport or make an immigrant inadmissible.   From a legal perspective, those facing criminal charges with certain immigration status or no status at all have a more complex road to citizenship.  At The Matthew James, PLLC, we’ve spent years working with non-U.S. citizen addressing their criminal cases and achieving favorable outcomes

Inadmissibility at a Glance

Inadmissibility means you are not allowed to enter or remain in the country for a reason.  Persons deemed inadmissible will be unable to apply for U.S citizenship or a green card and will be unable to reenter the country if they leave.  While there are some exceptions, the main reasons for inadmissibility are:

• Health

• Criminal

• National Security

• Likelihood of Public Charge

• Fraud/Misrepresentation

• Prior Removals/Unlawful Presence

Criminal charges affecting inadmissibility are usually charges called “crimes involving moral turpitude.”   The term “moral turpitude” has no federal definition, meaning that it is up to teach judge to decide what it is.  Unlike more concrete aspects of inadmissibility, this section is incredibly vague but extremely powerful. However, for all inadmissibility cases, having an experienced lawyer on your side can mean all the difference. 

Deportation and the Law

Deportation differs from inadmissibility in that it results in the forced removal of an individual, as opposed to merely restricting their ability to travel to the United States.  Deportation is usually preceded by a holding period, where individuals are held from their loved ones before being removed from the United States.

Immigration authorities have a set of criteria they use to determine whether someone should be deported.  While not an exhaustive list, crimes generally leading to the initiation of removal proceedings:

• Crimes of Moral Turpitude

• Drug Crimes

• Domestic Violence

• Firearms Offenses

• Aggravated Felony

Again, we see the legally cryptic term “moral ambiguity,” but aggravated felonies can also be tricky.  Immigration authorities have a great deal of flexibility in aggravated felonies, even having some non-felonies be classified as aggravated felonies.  These charges carry the most severe penalties; loss of eligibility for asylum, voluntary departure, future U.S entry, and even removal.

However, even a misdemeanor can lead to deportation under certain circumstances.  Immigrants truly have a much smaller margin of error than U.S citizens, especially in the current political climate, making it even more critical to hire an experienced trial lawyer. 

Attorney Matthew James | A Criminal Immigration Lawyer

When faced with the most daunting legal challenges, choose Attorney Matthew James.  Mr. Matthew James has navigated the turbulent turpitude of immigration law, achieving favorable outcomes for clients.  Schedule your consultation right away to start fighting for your rights.  Time is of the essence in these cases, so call today.