Punishments and the impact of criminal convictions on aliens in the United States’s complicated legal structure of immigration laws of America depend mainly on the provisions and laws of immigration. So when it comes to aggravated felony convictions, it does not just end in imprisonment but it even results in deportation or removal out of the country. These proceedings can be very swift and sometimes even expedited under the provision of Section 238 of the Immigration and Nationality Act, also referred to as I. N. A. It is crucial to note that in U. S immigration law convictions for aggravated felony charges hold a lot of weight since they not only form the basis for deportation but also constrain the availability of different types of immigration reliefs that are available to a given removal applicant.
Understanding the Impact of Aggravated Felony Convictions
To fully understand the severity of the process of having an aggravated felony conviction in immigration law, it is vital to make sure to realize the consequences. However, it is shocking that some misdemeanors as well as other non-violent offenses can attract aggravated felonies enabling non-citizens to need to understand the repercussions. These convictions also result in deportation and deny the individual eligibility to most, if not all, of the significant types of relief from immigration that immigrants in removal proceedings might otherwise qualify for.
For instance, an immigration applicant who has been convicted of an aggravated felony loses the opportunity to apply for asylum, apply for cancellation removal, or request many forms of waivers that can open a window to an immigration benefit that is different from the conventional immigration status. However, the book reveals that although it may be very difficult to find some legal ways to prevent it, there are some legal options through which a person may try to fight deportation.
Strategies to Defend Against Deportation for Aggravated Felony Convicts
However, when an individual already has an aggravated felony conviction it will be difficult to fend off deportation, albeit several techniques can be considered. It is also important to understand that the offered options such as are more of a discussion on the directions this situation could take. Since each Immigration case is unique, consultation with an Immigration attorney who has prior experience in such cases is crucial to identifying the optimal strategy for each case.
1. Withholding of Removal
Noncitizens with an aggravated felony conviction have a right to seek withholding of removal if the crime does not fit into the definition of a “particularly serious crime conducted in the United States.” The legal requirement for withholding of removal is as follows one must have been convicted of an offense that either carried a term of imprisonment of not less than five years. This form of relief is given to a person who has a credible threat on his/her life or freedom should he/she return to his home country or who has a very high likelihood of persecution in the home country. For further details, refer to the Immigration and Nationality Act; I. N. A. § 241(B)(3).
2. U.N. Convention Against Torture (CAT) Protection
The protection from forcible removal available to persons likely to be deported on account of an aggravated felony conviction is refuge under the United Nations Convention against Torture (CAT). This protection shields people apprehended for deportation in case they face torture when taken back to their home country. The meaning of torture under the considered circumstances differs from the definition used in asylum cases and implies intentional unallowable use of physical and/or psychological pressure upon a person, including their consent, with the help of a public or government official to punish, force confessions, intimidate, or discriminate.
3. Waiver under § 212(h) of the I.N.A.
Specifically, in certain other circumstances that may involve procedural and jurisdictional differences among the circuits of the federal courts, noncitizens with aggravated felony convictions (with exceptions for crimes involving drugs or controlled substances and those that are crimes of violence or involving a firearm) may be granted the § 212(h) I. N. A. waiver where they can prove extreme hardship to qualifying USC relatives and eligibility for a family-preferred immigration benefit, namely
4. “T” or “U” Visa
Victims of human trafficking or other serious crimes who cooperate with U.S. law enforcement authorities in the investigation and prosecution of the crime can apply for a “T” or “U” visa. Both visa categories provide temporary legal status in the U.S. with the possibility of applying for a green card at a later stage.
Seeking Legal Counsel: The Imperative Step
Navigating the intricate web of immigration law, especially when an aggravated felony conviction is involved, demands careful consideration and expert guidance. If you or someone you know is facing the risk of deportation due to such a conviction, it is crucial to consult with an experienced immigration attorney. These legal professionals possess the knowledge and experience necessary to explore the available defenses, provide invaluable counsel, and offer the best chance for a positive outcome in the face of challenging circumstances.
In summary, while aggravated felony convictions present significant challenges, individuals subject to deportation have options to defend their immigration status. Seeking legal counsel is not just a prudent step but a critical one in protecting rights and exploring potential avenues for relief.