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Felony conviction can affect deportation and removal proceedings

On Behalf of | Nov 19, 2015 | Criminal Defense

Criminal convictions can greatly affect an immigrant’s ability to remain in the country. While not all convictions will result in deportation, those immigrants in California with felony convictions are more likely to face deportation and removal proceedings. While a person’s back story and the details of the crime do matter, having a criminal record certainly can have an affect on the outcome of these proceedings.

One’s current immigrantion status can determine how a felony conviction will affect his or her ability to remain in the country. There are those individuals who may face deportation, while there others who may receive a status downgrade. This all depends on a few other factors, including the type of offense and the facts of the case. 

Immigrants who are convicted of aggravated felonies or crimes involving moral turpitude are typically unable to receive deportation relief. Crimes of this nature may include battery, theft, sex crimes involving minors, child abuse and weapons crimes — among numerous others. Every state is different in how it determines if a crime committed is considered a misdemeanor or felony level offense.

Immigrants in California do have the right to seek representation for both criminal and deportation and removal proceedings. Having an experienced attorney may prove beneficial in either case. Those who do ultimately receive felony convictions can seek further help in exploring all of their immigrantion options. While fighting deportation with a criminal conviction is never easy, it does not mean that every situation is hopeless. An immigrantion attorney can provide further information on this topic and help individuals in this position pursue courses of action that will serve their best interests.

Source: FindLaw, “How Does a Felony Affect immigrantion Status?“, Accessed on Nov. 18, 2015