Punishments and the effects of criminal convictions on immigrants in the U.S. are shaped by the complex immigration laws. For those convicted of aggravated felonies, the consequences go beyond imprisonment they can also lead to deportation. These deportation proceedings can happen quickly, sometimes even expedited under Section 238 of the Immigration and Nationality Act (I.N.A.). It’s important to understand that in U.S. immigration law, aggravated felony convictions are serious. They not only serve as grounds for deportation but also limit the options for immigration relief available to someone facing removal.
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.
Can I apply for a U-Visa if I am not currently in the U.S.?
you can apply for a U-Visa even if you are not currently in the United States. However, there are specific requirements and challenges associated with applying from outside the country.
Key Points for Applying for a U-Visa from Outside the U.S.
Eligibility Criteria:
- You must be a victim of a qualifying crime that occurred in the U.S. or violated U.S. law.
- You need to demonstrate that you suffered substantial physical or mental abuse due to the crime.
- You must be willing to assist law enforcement in the investigation or prosecution of the crime, which can be challenging to prove from outside the U.S.
Application Process:
- You must file Form I-918, Petition for U Nonimmigrant Status, directly with USCIS. U.S. embassies and consulates cannot accept this petition.
- If your petition is approved, you will receive a Form I-797, Notice of Action, which allows you to apply for a U visa at a U.S. embassy or consulate.
Challenges:
- It can be difficult to effectively assist law enforcement from outside the U.S., which may complicate your application.
- You will need legal assistance familiar with U-Visa applications, as most attorneys are based in the U.S.
Visa Application:
- After USCIS approves your petition, you must apply for a visa at a U.S. embassy or consulate to enter the United States with your U visa.
Work Authorization:
- Work authorization can only be obtained after your U visa petition is granted and you enter the U.S. with the visa.
In summary, while it is possible to apply for a U-Visa from outside the United States, it involves navigating complex legal processes and may require assistance from immigration attorneys experienced in handling such cases.
Are there any legal protections for Nigerian immigrants facing deportation?
Nigerian immigrants facing deportation in the U.S. have several legal protections and options available to them. These protections are particularly relevant for those who may be victims of domestic violence or other crimes. Here are the key legal avenues:
1. Asylum Applications
Nigerians who fear persecution based on political beliefs, ethnicity, or other factors may apply for asylum. The requirements include:
- Demonstrating a well-founded fear of persecution.
- Applying within one year of arrival in the U.S., unless exceptional circumstances apply.
2. Cancellation of Removal
This option is available for individuals who:
- Have lived in the U.S. for at least ten years.
- Can demonstrate good moral character.
- Have a U.S. citizen or lawful permanent resident spouse, child, or parent who would suffer extreme hardship if they were deported.
3. U-Visa for Victims of Crimes
Nigerian immigrants who are victims of qualifying crimes, including domestic violence, can apply for a U-Visa if they:
- Have suffered substantial physical or mental abuse due to the crime.
- Are willing to assist law enforcement in the investigation or prosecution of the crime.
4. VAWA Self-Petition
The Violence Against Women Act (VAWA) allows immigrant victims of domestic violence to file a self-petition if they:
- Are married to an abusive U.S. citizen or lawful permanent resident.
- This can prove that their marriage was entered into in good faith and that they experienced abuse during the marriage.
5. Legal Representation and Community Resources
Access to legal representation is crucial. Immigration attorneys can help navigate complex immigration laws and represent individuals in court. Additionally, various community organizations provide support services tailored to Nigerian immigrants facing deportation.
Nigerian immigrants facing deportation have multiple avenues for legal protection, especially if they are victims of domestic violence or other crimes. Understanding these options and seeking appropriate legal assistance can significantly impact their ability to remain in the U.S.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Defensive Asylum, Adjustment of Status, Waivers, or Asylum, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
