Crimmigration
Crimmigration Lawyer in New York, NY – Protect Your Immigration Status
If you are a non-U.S. citizen living in New York, NY, facing a criminal charge can feel like your entire future is hanging by a thread. Not only do you have to worry about the outcome of the criminal case itself, but you also face the possibility of devastating immigration consequences. The risk of deportation, denial of immigration benefits, or permanent separation from your family can weigh heavily on your mind. That is where the guidance of an experienced crimmigration lawyer in New York becomes essential.
At The Law Office of Yifei He, PLLC, we specialize in navigating the complex intersection of criminal and immigration law, often referred to as “crimmigration.” Our approach ensures that your rights are protected on both fronts. Whether you are facing charges for DUI, theft, or other offenses, we fight for your freedom, your legal status, and your future. By hiring our firm, you are not just hiring an attorney; you are gaining a dedicated advocate who will stand beside you every step of the way.
Call right away at 917-338-7678 or submit your contact information online to schedule a free legal consultation. By hiring The Law Office of Yifei He, PLLC, you are taking the first step in protecting your rights.
Manhattan Criminal Immigration Attorneys Fighting for Your Right to Stay in the U.S.
At The Law Office of Yifei He, PLLC, our attorney is dedicated to guiding you through the challenges of the criminal justice system as an immigrant. Crimmigration is the area of law where criminal defense and immigration law meet. If you are a non-citizen facing criminal charges, your immigration status could be at risk.
Our attorney Yifei He, understands both criminal and immigration law, allowing us to build a defense that protects your future in the United States. Whether you are facing a misdemeanor or a felony, we work to minimize the impact on your immigration status and fight to keep you in the country.
What is Crimmigration in New York?
The term “crimmigration” refers to the overlap between criminal law and immigration law. This area of practice is relatively new, but it has become one of the most important issues for non-citizens living in the United States. When a non-citizen is charged with a crime, the consequences often go far beyond fines, probation, or even jail time. A criminal conviction can lead to removal proceedings, denial of immigration applications, or permanent inadmissibility.
Understanding crimmigration law in NY is crucial because even minor offenses can carry life-changing consequences. For example, certain misdemeanor convictions can result in deportation just as easily as felony charges. This is why non-citizens should never face the criminal justice system without an attorney who understands both immigration law and criminal defense.
At The Law Office of Yifei He, PLLC, we regularly handle cases where criminal charges have the potential to affect immigration status. From green card holders and visa applicants to undocumented individuals, we offer guidance and defense strategies tailored to your specific situation. Knowing that your immigration future is on the line, we work tirelessly to fight for outcomes that protect both your freedom and your right to remain in the United States.
Common Criminal Charges That Impact Immigration
Not all crimes carry the same weight in terms of immigration consequences, but many can lead to serious problems for non-citizens. The following are among the most common criminal charges that can impact your ability to stay in the United States:
Factors that Determine Consequences of Misdemeanor Charges for Non-U.S. Citizens
The penalties for a misdemeanor can vary significantly based on several key factors.
- DUI or DWI Offenses: Driving under the influence (DUI) is one of the most frequent criminal charges in New York. Unfortunately, a DUI can also have severe immigration consequences, particularly for those applying for permanent residency or citizenship. A DUI conviction may lead to removal proceedings or denial of immigration applications.
- Domestic Violence: Convictions for domestic violence can lead to automatic deportation under U.S. immigration law. Even if the case involves minor allegations or is the result of
- Theft and Shoplifting: Theft is considered a crime of moral turpitude under immigration law. A conviction—even for petty theft or shoplifting—can result in deportation or denial of naturalization. Non-citizens facing these charges must act quickly to protect themselves.
- Drug Offenses: Drug possession, distribution, or trafficking charges can carry some of the harshest immigration penalties. In many cases, even minor drug convictions can make a non-citizen ineligible for most forms of immigration relief.
If you’re wondering, “What consequences am I facing if I’m not a citizen?” the answer depends on several factors including the nature of the crime, your criminal history, and your immigration status. Working with a crimmigration attorney at The Law Office of Yifei He, PLLC ensures every aspect of your case is strategically addressed.
How Can a Crimmigration Lawyer Help Me?
The Law Office of Yifei He, PLLC is well-versed in matters of New York criminal law, we know how to protect immigrants who have been charged, or even falsely accused, of criminal activity in NYC. Clients come to The Law Office of Yifei He, PLLC for help overcoming some of life’s most difficult challenges, and we have proudly advocated for people like you during these challenging times. Let us do the same for you.
How We Can Help You:
- Understanding the impact on your immigration status-
- Negotiating plea deals-If you are arrested or charged with a crime, we will carefully assess how it may affect your ability to stay in the U.S. or apply for immigration benefits.
- Defending against deportation- Whether you are detained or facing removal proceedings, we will fight to keep you in the U.S. and present the best possible defense in Immigration Court.
- Filing appeals- If you have already been convicted, we can explore legal options to challenge the decision, including Motions to Reopen and Appeals to the Board of Immigration Appeals or the Second Circuit.
- Seeking waivers for reentry- If you are facing deportation or have already been removed, we may be able to help you apply for legal reentry to reunite with your family.
Our number one goal is to help clients resolve their problems with as little stress as possible, but we will not hesitate to take a case to court if we feel that doing so will give you a better chance at the most successful outcome.
Why Choose Our NYC Crimmigration Law Firm
Selecting the right attorney for your case could mean the difference between staying in the United States or being forced to leave. Our firm offers unique advantages that set us apart from other law offices:
- Extensive Experience:
Our team understands both the nuances of immigration law and the intricacies of the New York criminal justice system.
- Local Knowledge:
We have deep familiarity with courts across Manhattan and New York City, giving us valuable insights into how cases are handled.
- Personalized Defense:
No two cases are alike. We tailor our defense strategies to your personal and immigration circumstances..
- Aggressive Advocacy:
We fight relentlessly for your rights, whether you are facing misdemeanor charges or serious felony accusations.
When you hire us, you are not just another case file. You are a person with a life, a family, and a future worth protecting. Clients often share that after hiring us, they felt an immediate sense of relief and hope knowing their case was in the hands of a professional who truly cares.
Penalties for Immigrants Facing Criminal Charges for in NYC
If you were charged with a crime in New York, you may be asking yourself “What consequences am I facing if I'm not a citizen?”
It’s important to know that penalties can vary depending on many factors surrounding your status, the crime itself, and criminal history. You can read more about these factors for misdemeanors and felonies below.
Factors that Determine Consequences of Misdemeanor Charges for Non-U.S. Citizens
The penalties for a misdemeanor can vary significantly based on several key factors.
- Immigration Status: The consequences of a misdemeanor conviction can depend on whether the individual is an undocumented immigrant, a visa holder, a green card holder, or someone with Temporary Protected Status (TPS). Lawful permanent residents (LPRs) may face different penalties than someone on a student or work
- Type of Misdemeanor: Certain misdemeanors, such as crimes of moral turpitude (CIMT) or drug-related offenses, can have severe immigration consequences, including deportation or inadmissibility. Other minor offenses, like traffic violations, may have little to no impact.
- Length of Sentence: Even if a misdemeanor is not inherently deportable, a sentence of one year or more (even if suspended) can classify it as an "aggravated felony" under immigration law, making the non-citizen removable.
- Prior Criminal History: A non-citizen with prior convictions may face harsher consequences, including mandatory detention and removal, even if the current charge is a misdemeanor.
- Recency of the Offense: A misdemeanor committed within five years of entry into the U.S. can carry harsher immigration penalties, especially if classified as a CIMT.
- Plea Bargain and Charge Reductions: The way a charge is negotiated can significantly affect immigration consequences. Some plea agreements may lead to deportation, while others can avoid immigration penalties.
- Visa or Green Card Applications in Progress: If a non-citizen is in the process of adjusting their immigration status, a misdemeanor conviction can delay or even disqualify their application.
- Discretion of Immigration Authorities: U.S. Immigration and Customs Enforcement (ICE) and immigration judges have discretion in removal proceedings. Some individuals may be eligible for relief, while others may be subject to expedited deportation.
- Waivers and Relief Options: Some non-citizens may qualify for waivers or other forms of relief from deportation depending on their ties to the U.S., humanitarian factors, or eligibility for asylum or cancellation of removal.
- State vs. Federal Classification: Certain offenses may be classified differently at the federal level compared to New York state law, impacting how immigration authorities view the conviction.
Factors that Determine Penalties for Felony Charges of Non-U.S. Citizens
Felony charges pose severe risks for non-U.S. citizens, often leading to deportation, inadmissibility, or permanent bars to legal status in the United States. The specific consequences depend on several key factors, including:
- Immigration Status: Green card holders may face removal proceedings, while visa holders and undocumented immigrants are at even greater risk of immediate deportation. Those with Temporary Protected Status (TPS) or asylum may also see their protections revoked.
- Type of Felony: Certain felonies, such as aggravated felonies or crimes of moral turpitude (CIMT), almost always result in removal. Offenses involving violence, fraud, drug trafficking, or firearms are particularly dangerous under immigration law.
- Aggravated Felony Classification: U.S. immigration law designates specific felonies as aggravated felonies, which lead to automatic deportation without the possibility of many forms of relief. Even some non-violent felonies, such as certain fraud or theft crimes, can fall under this category if the sentence is over one year.
- Sentence Length: Even if a felony does not meet the aggravated felony threshold, a sentence of one year or more (even if suspended) can increase the risk of removal. Some plea bargains can turn a lesser charge into a deportable offense based solely on sentencing.
- Prior Criminal Record: Non-citizens with previous convictions, especially for CIMT offenses, are more likely to face mandatory detention and expedited removal. A felony on top of prior misdemeanors can escalate immigration consequences dramatically.
- Effect on Future Immigration Applications: A felony conviction can bar a non-citizen from obtaining a green card, naturalization, or reentry into the U.S. In some cases, it may permanently prevent eligibility for lawful immigration status.
- Plea Bargain Considerations: Negotiating a charge down to a non-deportable offense is critical. Some felony charges can be pled down to misdemeanors or restructured in ways that avoid the most severe immigration consequences.
- Relief and Waivers: Certain non-citizens may qualify for waivers, asylum protections, or cancellation of removal, but these options are limited for those convicted of serious felonies. A strong legal defense is necessary to explore every possible form of relief.
- Discretion of ICE and Immigration Judges: Immigration enforcement authorities have significant discretion in removal proceedings. In some cases, compelling personal circumstances—such as family ties or long-term residency—may influence decisions. However, felony convictions weaken arguments for leniency.
- State vs. Federal Classification: Some crimes classified as felonies under New York state law may not be considered felonies under federal immigration law, and vice versa. An experienced crimmigration attorney can analyze the classification and seek the best legal strategy to avoid unnecessary immigration penalties.
FAQs – Questions About Criminal Defense for Non-U.S. Citizens
According to the Immigration and Nationality Act, individuals convicted of certain crimes will be inadmissible to the U.S. This means they will not be permitted to enter or remain in the U.S.
As defined by USCIS, crimes that are grounds for inadmissibility include:
- Commercialized vice
- Crimes of Moral Turpitude (CIMT)
- Drug trafficking
- Human trafficking
- Money laundering
- Multiple criminal convictions
- Prostitution or patronizing a prostitute
- Violation of any controlled substance law
Commission of a serious crime in the U.S. where an individual has asserted immunity from prosecution.
A criminal conviction can lead to removal proceedings, denial of naturalization, or loss of permanent residency. The specific consequences depend on the charges.
Yes, certain criminal convictions can result in deportation. Crimes of moral turpitude, drug offenses, and aggravated felonies are among the most common reasons for removal proceedings. Click on the next question for examples.
Like crimes of inadmissibility, if you are not currently a legal citizen of the US and you are convicted of a “deportable crime,” the Department of Homeland Security (DHS) may deport you. Deportable crimes can include but are not limited to:
- Aggravated felonies
- Crimes of Moral Turpitude (CIMT)
- Drug offenses
- Firearm offenses
It is important to note that the DHS will not consider how long you have lived in the U.S. or how established your life in this country is when considering deportation. As such, it is absolutely imperative that you seek legal defense as quickly as possible in NYC after being charged with a criminal act of any nature.
We defend against the criminal DUI case while simultaneously working to protect your immigration status. This two-pronged defense is crucial for non-citizens. learn more about how a crimmigration lawyer can help you with your DUI charges here
Crimes Involving Moral Turpitude (CIMT) refer to offenses that are considered inherently dishonest, immoral, or socially reprehensible. These crimes typically involve elements of fraud, theft, violence, or intent to cause serious harm. Under U.S. immigration law, a conviction for a CIMT can result in serious consequences, including deportation or being deemed inadmissible for a visa or green card.
Because CIMTs are not explicitly defined under federal law, each case is reviewed based on the nature of the crime and the circumstances surrounding it. If you are a non-citizen facing criminal charges that could be classified as a CIMT, seeking legal guidance from a crimmigration attorney is essential to protecting your immigration status.
If you are arrested, you have the right to remain silent and request an attorney. Do not answer questions about your immigration status or sign any documents without speaking to a lawyer.
Absolutely. A criminal record can impact your ability to apply for a green card, citizenship, asylum, or other immigration benefits. Some offenses can result in an automatic denial.
An arrest alone does not mean automatic deportation, but a conviction can trigger removal proceedings. It is crucial to work with a Manhattan criminal immigration lawyer as soon as possible.
Yes. An experienced criminal immigration attorney can negotiate plea deals, seek dismissals, and explore post-conviction relief options to minimize the impact on your immigration status.
Contact a New York Crimmigration Lawyer Today
Early intervention is key to protecting your rights and future in the U.S. Contact The Law Office of Yifei He, PLLC at 917-338-7678 for a free consultation.
Directions to The Law Office of Yifei He, PLLC
We are located at 32 Broadway Suite #1710 in the Financial District of Lower Manhattan. The building is located on the East side of Broadway. Situated between Beaver Street to the South and Exchange Pl to the North.
Bowling Green Station: via trains 4 & 5.
Walk North on Broadway 1 1/2 blocks. You will pass Bowling Green Park. Walk past Morris St and our building will be on the east side of the street.
Wall Street Station: via trains 2 & 3.
Walk South on Broadway past Rector St and Exchange Aly. Our building is on the East side of Broadway right before you get to Morris St.
Broad Street Station: via trains J & Z.
Head west on Exchange Pl and make a left onto Broadway. Our building is on the East side of Broadway right before you get to Morris St.