Any non-citizen, including those in the United States on a visa or with permanent residency status, can face deportation if they are convicted of a crime. Individuals with no legal status can face deportation if they are simply arrested. It is important to consult with an attorney familiar with immigration law in addition to the criminal attorney that you have. A criminal attorney can help you to clear or reduce the charges against you but only an immigration attorney can adequately provide legal advice and assistance to prevent any deportation action against you during the course of your trial or after.
Oftentimes, non-citizens are placed in the “custody” of Immigration Customs Enforcement (ICE) but held at the county jail while awaiting trail. While under ICE custody, non-citizens are usually ineligible for bail or a bond. An immigration judge determines the eligibility of a bond based on the following factors:
- How much of a flight risk the noncitizen is if released
- The danger the noncitizen poses to society if released
- If the non-citizen is eligible for any immigration benefits
Our law firm has experience helping individuals present evidence to their ties to their family and community, that they do not pose a risk if released, and can file the necessary waivers or petitions to aid in maintaining (or gaining) your immigration status. We work diligently for our clients and their families to remove ICE holds and allow them to stay at home to prepare for their case.