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Deportation & Other Immigration Issues

Immigration Enforcement: Deportation, Inadmissibility & Detainer

Immigration status is an important consideration in defending criminal charges. The reason for this lies in the fact that someone who is not a citizen of the United States may be subject to removal (i.e. deported) if they are arrested and/or convicted of certain crimes. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) and Immigration and Nationality Act ("INA") sets forth those offenses that allow the US to deport a Permanent Resident (e.g. Green Card), Visa Holder, or illegal. The most frequently encountered reason for deporting an alien encountered by our lawyers is an arrest and resulting ICE detainer. Removal proceedings also arise when someone applies for immigration benefits, a change in status (e.g. renewal of a visa, issuance of a green card, adjustment of status, etc.), or reentry and a deportable conviction is uncovered.

Crimes Constituting Grounds to Deport or Remove

Our law firm, the Law Offices of Jonathan Marshall, has compiled detailed information with respect to felony and misdemeanor charges that provide grounds for a documented or undocumented alien to be deported. Each class of deportable offense includes its own requirements in order for the related crime(s) to provide a basis for deportation. The categories of charges are:

Aggravated Felony

Crimes Involving Moral Turpitude

Multiple Criminal Conviction

Controlled Dangerous Substance ("CDS") Offenses

Firearm Violations

Post-Conviction Relief

Our attorneys are frequently consulted by those lacking citizenship who have already been convicted of a crime. In order to cure any collateral consequences associated with a conviction (e.g. deportation), it is necessary to file what is referred to as a post-conviction Relief from a Criminal Conviction. If the conviction is vacated, we can often avoid any immigration repercussions, for example, removal or inadmissibility.

ICE, Homeland Security & Customs Detainers

It is commonplace these days for illegal aliens to be immediately detained and subjected to expedited removal when they are involved in a deportable event. The process of incarceration or hold is referred to as a detainer. Relief from a detainer is possible through an immigration bond and/or success in defending the related charge(s). The lawyers at our office can assist you in the process of securing an Immigration Bond or obtaining relief from an Immigration Detainer.

Inadmissibility Consequences

There are various grounds for Denial of Entry or Reentry into the United States (i.e. Inadmissibility) set forth by federal immigration law. The result of these laws is to bar lawful entry into the United States where one of the grounds exist. What this means is that where an individual enters the country legally and then is convicted of a crime, he or she may not be readmitted into the US. An individual lacking citizenship must therefore be very cautious in leaving the country if he has been convicted of a criminal offense effecting admissibility.

Criminal Attorneys Skilled in Handling Immigration Issues

If you or a loved one requires assistance because immigration enforcement is a potential consequence of an arrest, our attorneys can help you. Our defense team includes two former prosecutors and possesses over 60 years of collective experience. Our lawyers have the skill and knowledge you need. A lawyer on our staff is available 24/7 at 1-877-450-8301.

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The criminal defense attorneys at the Law Offices of John F. Marshall represent New Jersey adult and juvenile clients from offices in Shrewsbury, Cranford, Toms River, Jersey City and New Brunswick. We provide prompt and convenient client service to people in such communities as Newark, Plainfield, Freehold, Eatontown, East Brunswick, Edison, Woodbridge, Westfield, Clark, Rahway, Piscataway, Sayreville, Elizabeth, Middletown, Asbury Park, Long Branch, Jackson, Lakewood, Point Pleasant, Edison, Old Bridge, Aberdeen, Linden, Belmar, Eatontown, Hazlet, Holmdel, Ocean, Sea Bright, Hoboken, Weehawken, Seaside Park, Seaside Heights, Tinton Falls, Wall, Brick, Dover, Jackson, and other locations in Monmouth County, Middlesex County, Union County, Ocean County, Burlington County, Mercer County, Essex County, Hudson County and Morris County.

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