If you are not a citizen of the United States at the time you plead guilty to a criminal charge, you will be faced with the possibility (and depending on the specific crime, the probability) of deportation; the government’s refusal to extend your green card; or, you being permanently prohibited from re-entry into the United States.

These types of sentencing consequences are the result of certain types of criminal activities being labeled as either a ‘Crime Involving Moral Turpitude’ or an ‘Aggravated Felony’. Once you are convicted of this type of charge, the government uses the conviction to restrict your ability to stay in, or re-enter the United States.

For most people who are pleading guilty, the most significant consideration is whether they are going to be put in jail. However, for a non-citizen, the most significant consideration is often whether they will be deported. Before the plea is entered into, and absolutely no later then when sentence is imposed by the Court, it is critically important for you to discuss and understand how to minimize these immigration consequences, by talking with an experienced criminal defense lawyer like those at Bailey & Orozco.

In many cases, trying to set aside a guilty plea after the sentence has been imposed is difficult and may be unsuccessful. Please refer to our Article “Post Conviction Relief and Deportation Consequences” for a discussion of how these proceedings have been altered by recent case law decisions of both the New Jersey Supreme Court and the United States Supreme Court. When you discuss these issues with your lawyer, bring your passport, visa, I-94 Record of Inspection and any immigration filings that show you are in the process of becoming a citizen.

Be prepared to discuss with your criminal defense lawyer:

• The date you entered the United States.
• Whether the passport and other documents you used to enter the country are genuine, or were forged.
• Whether you are in the U.S. legally.
• Whether the U.S government has your current address.
• If you have overstayed, how long you have been here illegally.
• Whether you have any prior criminal convictions here in the U.S.
• Whether you have any prior convictions in your home country.
• Whether there are other pending criminal charges here in the United States; or, in your home country.
• Whether you are fleeing persecution in your home country.
• Whether you have applied for citizenship.
• Whether you have requested asylum.
• Your immediate family’s immigration status.

Deportation and permanent exclusion from the United States are serious consequences that can alter a family forever. Before this consequence is accepted by a client, the defense lawyers at Bailey & Orozco seek every opportunity to avoid this consequence for their clients. Please call if we may be of assistance to you.