Welcome to The Better Start, from the Law Offices of Shan Potts. We created The Better Start to give you an easy access to resources and information about immigrants with criminal records and the consequences they face.

If you are an immigrant with a criminal record currently living in the U.S. you are a priority for deportation. Immigrants with legal status, Green holders, Dreamers are no exception. Since the Trump administration came into office, the deportation priorities have shifted.

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People who are deported from the United States are leave because they had no right to be in the country. Another reason is because they violated the terms of their visa, green card, or another immigration status. They may have been arrested and convicted of a crime or been suspected of being involved in terrorist or drug activity. If your spouse was deported because of a serious crime or a felony, there probably is going to be very little you can do to help. If your spouse was deported because they were in the country unlawfully, there may be a solution for you. If you and your spouse are not in a situation like this, there are other options you can pursue to bring your spouse back to the United States after a deportation. Be aware, however, that these procedures are complicated and can take several years, even with the help of a lawyer.

A DUI arrest or criminal charge, and conviction may affect the status of an immigrant in the United States. When arrested, fingerprints and photographs of the non-citizen are taken and registered in a national database. This record is permanent and will be referenced every time the alien makes an application for an immigration benefit. Having a conviction on your record can lead to a denial of reentry into the United States. Shan Potts Law Offices has immigration attorneys that will review carefully the state code and consider the criminal statute involved word for word, element for element. The lawyer will work with the court to try to arrange the client’s drunk driving crime does not meet the definition of conviction under immigration law.

A non-citizen who commits a crime involving moral turpitude is generally ineligible for relief from deportation and often will be barred from reentering the U.S. in the future. In immigration law purposes, the specific term aggravated felony includes some offenses that are considered misdemeanors in state or federal courts, or in some cases conduct that is not criminalized.

A burglary can be defined as unlawful or unprivileged entry into or remaining in, a building or structure, with the intent to commit a crime. Burglary, under the immigration law, considered an aggravated felony if you received a sentence of one year or more. Burglary is not one of the crimes that are specifically named within the grounds of deportability. However, having the conviction on your criminal record may leave certain employers skeptical about who you are.

Any noncitizen convicted after September 30, 1996 of domestic violence, stalking, child abuse, child neglect, or child abandonment, is deportable.

The meaning of domestic violence under this law covers crimes of violence committed by a current or former spouse of the victim, a co-parent, or ex-spouse, or anyone else who acts against a person who is legally protected by local or federal domestic or family violence laws.

Violations of protection orders can make an immigrant deportable. A “protection order” is, according to the I.N.A., any court-issued temporary or final injunction issued to prevent domestic violence or threats.

Theft convictions can stay on your criminal record and have been found to be crimes of moral turpitude in some instances, most notably where the person intended to permanently deprive the rightful owner of his or her property.

Moral turpitude: Regardless of what crime you committed if it is viewed as reprehensible, and was committed with some degree of intent, deliberateness, willfulness or recklessness, it may be considered a crime of moral turpitude.

Theft is not among the crimes that U.S. immigration law separately lists as a ground of deportability. However, clearing the charge from your criminal record has its advantages-i.e., Employer conducting a background check.

A single conviction for an aggravated felony is enough to make a noncitizen deportable, regardless of the length of the possible sentence.

Drug trafficking, in some cases have been found to be an aggravated felony for immigration law purposes. The immigration laws do, in fact, address drug crimes. A noncitizen is considered deportable for having, at any time after being admitted to the U.S. of being convicted of violating any law or regulation relating to controlled substances.

Having a DUI can be a huge problem for the individuals with DACA (“Deferred Action”/”Dream Act”) recipients and applicants. There many other offenses that will count as a criminal bar for DACA. “meaning you will not be eligible for DACA” Among a host of strict requirements for DACA, an applicant must also not be convicted of a felony, significant misdemeanor, or multiple misdemeanors. A felony DUI would be interpreted to count under the “felony” bar. Also note that overall, any criminal record can result in a discretionary denial. This is in line with the premise that DACA is considered to be a discretionary relief for noncitizens.

Anytime a U.S. lawful permanent resident has a run-in with police or law enforcement it is cause for concern. Police records destroy an immigrant’s chances of U.S. citizenship, it could make the person deportable from the United States. The court dismissal makes future immigration trouble far less likely. That means the judge has determined that no cause exists to go further with the case. But it’s not the end of the analysis.

If you are in this situation—you were arrested for a crime and then had the case dismissed. Make sure you’re safe in applying to naturalize, and that you take appropriate steps in disclosing and dealing with the arrest.

Having a DUI can be a huge problem for the individuals with DACA (“Deferred Action”/”Dream Act”) recipients and applicants. There many other offenses that will count as a criminal bar for DACA. “meaning you will not be eligible for DACA” Among a host of strict requirements for DACA, an applicant must also not be convicted of a felony, significant misdemeanor, or multiple misdemeanors. A felony DUI would be interpreted to count under the “felony” bar. Also note that overall, any criminal record can result in a discretionary denial. This is in line with the premise that DACA is considered to be a discretionary relief for noncitizens.

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We are always here to help you and your family. Just send us a message and we will get back to you as soon as we can. If this is an emergency please call our office.

Phone: (323) 803 7147

Email: info@thebetterstart.com

Address: 535 N Brand Blvd, Suite 850, Glendale CA 91203.