Ksenija Kokanovic, US Immigration Attorney

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Criminal Offenses

It is important to do an analysis of removal (deportation) of criminal noncitizens. The following steps are necessary in determining whether an individual who committed a crime is removable or inadmissible.

If the individual has become a citizen by operation of law without knowing it. If that is the case, the removal proceedings may stop against the individual accused of a certain crime or crimes.
The next step is to obtain a charging document, which describes the nature of charge and grounds of removability. It is crucial that to take a notice of any plea agreements and/or discovery in the individual's case. A guilty plea or verdict could cause the individual to lose eligibility to any relief from removal, such as cancellation of removal, § 212(h), asylum, naturalization.
It is important to understand the text of the statute under which the defendant is charged to determine whether it charges an offense that renders the individual either removable or inadmissible to the United States.
A great emphasis should be given to Immigration and Nationality Act § 101(a)(43) (aggravated felonies), § 212 (grounds of inadmissibility), and § 237 grounds of removability.
The difference should be made with respect to whether the individual conducted an offence under a state or federal statute and whether that act constitutes a removable offense.
It is important to determine whether the individual had any other arrests or convictions in the past. A prior criminal record may render the individual removable or inadmissible or it may be relevant for the multiple conviction grounds of removability or inadmissibility.