The fear of deportation, permanent separation from loved ones, and the loss of a life built in America looms large for many immigrants facing sex offense charges. Federal immigration law takes a harsh stance against those found guilty of these crimes. If you are an immigrant facing sex crime charges, it is essential to seek the advice of a sex crimes lawyer in Tacoma, Washington as soon as possible.
How Federal Immigration Law Views Sex Offenses
In the United States, the Immigration and Nationality Act (INA) governs immigration law and outlines serious repercussions for non-citizens convicted of crimes. There are two categories of offenses: crimes of moral turpitude, which encompass most sex crimes, and aggravated felonies such as rape, sexual assault, and possession or creation of child pornography.
A sex crime conviction can have varying effects on a person’s residency in the United States, depending on their immigration status:
- Legal permanent residents may be deported and detained. Even if they are not deported, they may face barriers to citizenship and permanent reentry bans. Attempting to reenter the U.S. after deportation can result in up to 20 years in prison.
- Immigrants who are in the United States on a nonimmigrant visa or temporary protection status may lose their status and face removal proceedings if convicted of a felony sex crime.
- Refugees and people seeking asylum may be deported regardless of the dangers they could face in their country of origin. If they avoid deportation, they will likely be ineligible for lawful permanent resident status.
- Immigrants without legal status are subject to removal from the United States, regardless of whether they commit a crime.
The DHS Removal ProcessÂ
When the Department of Homeland Security (DHS) learns of a sex crime conviction, the agency will initiate the removal process by sending a Notice to Appear. When you receive this notice, it marks the beginning of deportation proceedings. This process may involve multiple hearings, depending on the specifics of your case.
If the immigration judge determines that you should be removed, you will be deported unless you and your attorney file for relief from removal. These legal processes can provide a path to remaining in the United States legally, even in the face of a conviction. The judge will grant this relief based on their discretion.
Defending Against Immigration Consequences
When facing immigration consequences, it is essential to engage a lawyer with experience in this area. A defense lawyer will thoroughly review the evidence against you, identify any inconsistencies in your case, and work tirelessly to protect your rights. They may negotiate with officials for a more favorable outcome and advocate for your best interests during DHS hearings.
Moreover, an experienced attorney will explore all available options for relief from removal, such as cancellation of removal, asylum, or withholding of removal. However, the requirements for these remedies are strict. A lawyer will possess the knowledge and resources that you need to navigate these proceedings.
Speak to a Sex Crimes Defense Attorney Today
Sex offense convictions can have severe immigration consequences, potentially affecting your ability to remain in the United States. The Law Offices of Mark S. Treyz provides knowledgeable defense for non-citizens dealing with sex offense charges. Schedule your free consultation today at (253) 272-8666 to discuss your case and learn how we can protect your immigration status.