Pending Court Case

[trackfan]

I have been arrested for possession of a controlled substance and am due for arraignment in a couple of days. I am out on bail. Retained a criminal defense attorney, pleading not guilty.

My questions as follows:
Can ICE detain me as court case is pending?
Will ICE deport me in case of a felony conviction?

Back ground:
GC issued 1985, (father became US Citizen)
Born in Germany
No prior convictions
Homeowner, good standings,
Married


Worried. Any input much appreciated.

 

[Hexa]

It is not enough to retain a criminal defense attorney, you MUST also retain an immigration attorney. A lawyer / law firm that handles both immigration and criminal matters would be perfect. The reason you need both is because a conviction or a guilty plea or a no contest plea of certain offenses can get you deported, even if it's a misdemeanor and the case is dismissed later. There will be plea bargaining involved, and your immigration/criminal attorney must plea the charge down or sideways to something that doesn't have adverse immigration consequences. Since this is your first offense you stand a very good chance of getting a lenient plea, you just need a lawyer that understands what the hell he's doing.

Since you're here legally, the ICE can't detain you until your criminal case ends up with conviction.

 

[trackfan]

It is not enough to retain a criminal defense attorney, you MUST also retain an immigration attorney. A lawyer / law firm that handles both immigration and criminal matters would be perfect. The reason you need both is because a conviction or a guilty plea or a no contest plea of certain offenses can get you deported, even if it's a misdemeanor and the case is dismissed later. There will be plea bargaining involved, and your immigration/criminal attorney must plea the charge down or sideways to something that doesn't have adverse immigration consequences. Since this is your first offense you stand a very good chance of getting a lenient plea, you just need a lawyer that understands what the hell he's doing.

Since you're here legally, the ICE can't detain you until your criminal case ends up with conviction.

Case is fairly complex and ripe with technical issues that may or may not involve a dismissal. I will follow your advise and seek immigration council. Thanks

 

[Hexa]

Case is fairly complex and ripe with technical issues that may or may not involve a dismissal. I will follow your advise and seek immigration council. Thanks

What I'm saying is that Immigration rules are so complicated that even if you somehow secure a dismissal, the CIS might still consider it as a conviction anyway, which could lead to deportation. Your immigration lawyer should advise your criminal lawyer of the offenses that will get you deported, so the criminal lawyer can make a deal with the prosecutor to avoid those offenses. You can be convicted and sent to jail for two misdemeanors of certain nature and still not be deportable, but you can have a probation / suspended sentence for a single misdemeanor and be deported, if the offense is considered CIMT.

Just make sure you get a good immigration attorney.

 

[ananga73]

When did your father become a US Citizen? How old were you at the time? Who were you living with? You might be a US Citizen yourself without knowing it depending on your answers to those questions. If you were younger than 18 on 2/27/01 and meet the other requirements, you might be a citizen.

Under the Child Citizenship Act of 2000, a child automatically becomes a citizen when all of the following conditions are met:
• at least one parent is a citizen, either by birth or by naturalization;
• the child is under age 18;
• the child is not married;
• the child is a lawful permanent resident; and
• the child is living in the United States in the legal and physical custody of the citizen parent.

Note: The law is not retroactive, so a person who was 18 or older on 2/27/01 would not be able to benefit from the Child Citizenship Act.

I have been arrested for possession of a controlled substance and am due for arraignment in a couple of days. I am out on bail. Retained a criminal defense attorney, pleading not guilty.

My questions as follows:
Can ICE detain me as court case is pending?
Will ICE deport me in case of a felony conviction?

Back ground:
GC issued 1985, (father became US Citizen)
Born in Germany
No prior convictions
Homeowner, good standings,
Married


Worried. Any input much appreciated.

 

[baires]

What I'm saying is that Immigration rules are so complicated that even if you somehow secure a dismissal, the CIS might still consider it as a conviction anyway, which could lead to deportation. Your immigration lawyer should advise your criminal lawyer of the offenses that will get you deported, so the criminal lawyer can make a deal with the prosecutor to avoid those offenses. You can be convicted and sent to jail for two misdemeanors of certain nature and still not be deportable, but you can have a probation / suspended sentence for a single misdemeanor and be deported, if the offense is considered CIMT.

Just make sure you get a good immigration attorney.

I don't believe that the highlighted statement above is correct.

 

[Hexa]

I don't believe that the highlighted statement above is correct.

I specifically said 'can'. Probation after a guilty plea is considered as conviction for immigration purposes, even if the case is dismissed later. Unless the particular CIMT offense has a maximum sentence of a year or less AND the actual sentence is not more than 6 months, the offending alien is deportable. If he's been in USA for 5 years prior to the CIMT, then he would be ok. While he's been here since 1985, I don't know whether he travelled abroad, and whether such travel would reset the clock.

That's just one angle of it. The bottom line: he needs a good immigration lawyer.

 

[trackfan]

agame purpose

I specifically said 'can'. Probation after a guilty plea is considered as conviction for immigration purposes, even if the case is dismissed later. Unless the particular CIMT offense has a maximum sentence of a year or less AND the actual sentence is not more than 6 months, the offending alien is deportable. If he's been in USA for 5 years prior to the CIMT, then he would be ok. While he's been here since 1985, I don't know whether he travelled abroad, and whether such travel would reset the clock.

That's just one angle of it. The bottom line: he needs a good immigration lawyer.

I understand the legislative immigration law changes in June 2011 have an impact on my situation. While courts may offer PC1000 or Prop 36 in this instance, a conviction will have considerable implications on my legal status.

I have traveled abroad professionally and to visit family in Germany. I certainly can't risk leaving the US at this juncture.

Thanks for all the feedback.