Deportation can be triggered by virtually any crime, even those that are not directly related to immigration. Of course, illegal aliens may be deported if they are found living and working in the United States without official permission. In addition, anyone seeking residency or citizenship may be deported for immigration-based offenses such as:
- Harboring an illegal alien
- Engaging in espionage
- Violating the terms of their current visa.
Crimes of Moral Turpitude and Deportation
Deportation could also become a reality for both legal and illegal immigrants charged with criminal act of virtually any kind, especially if it involves what the Immigration and National Act (I.N.A.) refers to as “crimes of moral turpitude” (CMTs).
Though CMTs are not clearly defined in any U.S. immigration statues, they generally refer to crimes that involve:
- Larceny
- Fraud
- Intent to harm other persons or property
- Most misdemeanor and felony offenses
If a U.S. immigration court finds you guilty of a CMT, it could block you from obtaining your desired visa and block you from obtaining permanent residency and citizenship.
Specific Crimes Leading to Deportation
In addition to CMTs, there are a few other specific crimes that can result in deportation and/or your inadmissibility in immigration proceedings. These may include:
- Participation or conspiracy to participate in commission of a crime involving controlled substances
- Participation or conspiracy to participate in trafficking of controlled substances or illicit drugs
- Participation or conspiracy to participate in prostitution or criminal gambling in the United States or in the past 10 years
- Participation or conspiracy to participate in aggravated felony offenses of any kind
- Participation or conspiracy to participate in money laundering
Your continued residence in the United States and your application for citizenship or a visa of any kind could also be denied if you have been convicted of two or more crimes which result in a combined total of at least 5 years in prison.
At Williams Legal, P.A., we serve people who find themselves at the intersection of immigration and criminal law. Our understanding of both the United States immigration system and the criminal justice system means we have the knowledge and experience to build a defense suited for the specifics of your situation.
Impact of Withhold of Adjudication on Immigration Status
In Florida, a withhold of adjudication allows some defendants to serve probation and avoid a formal conviction. If you are an immigrant, however, accepting such a bargain could prove disastrous to your immigration status.
A withhold of adjudication constitutes a felony conviction under federal law. Federal crimes are not expungable. Our lawyer is experienced in criminal law and immigration law and can help you understand how withhold of adjudication/probation will affect your immigration status.
Addressing USCIS Delays with Professional Help
If you have done everything in your ability to successfully acquire a green card or visa but have been dealing with unreasonable delays, you can take action to inquire with your local United States Citizenship and Immigration Services (USCIS) office and potentially file a formal complaint.
While you may feel that you have your hands tied and cannot compel the USCIS office to attend to your case, our attorney has fax numbers and a liaison system that can formally communicate your desire to reach a positive resolution. When time is running out, our attorney can help you stand up to Immigration laws and defend your rights.
Your Local Deportation Defense Resource in Volusia County
In Volusia County, the fear of deportation can be overwhelming, especially for families who have built their lives here in cities. The local community is rich with diverse cultures, and many residents understand the challenges faced by immigrants. If you are facing deportation proceedings, it’s crucial to have a knowledgeable advocate who understands the local landscape and the specific pain points that residents encounter.
Local government entities, such as the Volusia County Clerk of the Circuit Court and the Volusia County Sheriff's Office, play a role in the legal processes that can impact your immigration status. Navigating these systems can be daunting, especially when you are dealing with the stress of potential deportation. Our team at Williams Legal, P.A. can help you understand your rights and options so that you are not alone in this fight.
Let Us Handle Your Case
The local USCIS office in Orlando can sometimes present challenges with delays and communication. If you have been waiting for a decision on your green card or visa application, our attorney can assist you in addressing these delays effectively. We understand the urgency of your situation and are prepared to advocate on your behalf to ensure that your case receives the attention it deserves.
At Williams Legal, P.A.l, we are dedicated to serving the Volusia County community. We know the local laws, the challenges you face, and how to navigate the complexities of deportation defense. If you are in need of assistance, don’t hesitate to reach out to us for support in defending your right to remain in the United States.
Do not back down when your deportation hangs in the balance. Contact our Deland deportation attorney today at (386) 277-1166 for help protecting your right to stay in this country.
Cancellation of Removal – A Second Chance to Stay in the U.S.
Cancellation of Removal is a vital form of relief available to certain individuals in removal (deportation) proceedings. It allows eligible non-citizens to have their deportation canceled and obtain lawful permanent resident (green card) status.
There are two main categories: one for Lawful Permanent Residents (LPRs) and another for Non-Permanent Residents (NPRs).
For LPRs, eligibility requires:
- At least 5 years as a green card holder
- 7 years of continuous residence in the U.S.
- No aggravated felony convictions
For NPRs, eligibility includes:
- At least 10 years of continuous physical presence in the U.S.
- Good moral character during that time
- No disqualifying criminal offenses
- Demonstrating that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child
Cancellation of Removal is discretionary, meaning the immigration judge weighs your personal history, contributions, and overall character. It is only available once, making it crucial to build a compelling, well-documented case.
If you or someone you know is facing deportation, speak with an experienced immigration attorney to determine if Cancellation of Removal is the right path to remain in the United States.
Temporary Protected Status (TPS) – Humanitarian Relief for Nationals in Crisis
Temporary Protected Status (TPS) is a humanitarian immigration benefit granted by the U.S. government to eligible nationals of certain countries experiencing ongoing armed conflict, natural disasters, or other extraordinary conditions that make it unsafe to return home.
TPS allows recipients to remain in the United States temporarily, work legally, and obtain travel authorization. While TPS does not lead directly to permanent residency or citizenship, it offers protection from deportation for as long as the designation remains in effect.
To qualify for TPS, applicants must:
- Be a national of a designated TPS country (or a person without nationality who last resided in that country)
- File during the open registration or re-registration period
- Have been continuously physically present and residing in the U.S. since the dates specified for their country
- Meet security and background checks, including no serious criminal convictions
Countries currently designated for TPS include (as of 2024): Venezuela, El Salvador, Haiti, Honduras, Ukraine, and others. Designations are reviewed regularly and may be extended, redesignated, or terminated.
TPS offers vital protection for individuals who cannot safely return to their country. Legal guidance can ensure timely application and continued compliance with immigration regulations.
Prosecutorial Discretion – A Strategic Relief in Immigration Cases
Prosecutorial Discretion (PD) is the authority of U.S. immigration agencies—like ICE, USCIS, and DHS attorneys—to decide how and whether to enforce immigration laws in certain cases. It can provide critical relief for individuals facing deportation or removal by pausing or even closing their case based on specific humanitarian or policy-based reasons.
PD can take many forms, including:
- Administrative closure of a removal case
- Dismissal of proceedings
- Deferred action
- Stays of removal
- Favorable decisions on work permits or travel authorization
Immigration officials may grant PD when the individual has strong ties to the U.S., no serious criminal history, lengthy residence, U.S. citizen family members, health concerns, or other compelling humanitarian factors. It is not a right or formal immigration benefit—it’s a discretionary act of leniency.
While PD does not provide legal status, it can prevent deportation and offer time to pursue other legal remedies like asylum, adjustment of status, or Cancellation of Removal.
An experienced immigration attorney can help you request PD with a compelling case presentation and supporting documentation. In a system with limited resources, prosecutorial discretion can be a lifeline to stability and hope.
ICE Arrest and Detention – Know Your Rights and Options
U.S. Immigration and Customs Enforcement (ICE) is responsible for identifying, arresting, and detaining individuals who may be in violation of immigration laws. An ICE arrest can happen at home, work, court, or during a traffic stop, often without prior notice. If you or a loved one is detained by ICE, understanding your rights and next steps is critical.
After arrest, individuals are usually taken to an immigration detention center. Detainees have the right to:
- Remain silent
- Contact an attorney (at their own expense)
- Receive a bond hearing in some cases
- Request release through bond, parole, or alternatives to detention
Not everyone qualifies for bond. Factors such as criminal history, immigration violations, and flight risk are considered by an immigration judge. Family members or legal representatives can help gather documents and request a bond hearing promptly.
Being detained by ICE does not automatically mean deportation. Many individuals are eligible for relief, such as asylum, Cancellation of Removal, or other defenses.
Legal support can make a significant difference in the outcome of a detention case. If you or someone you know is in ICE custody, seek immediate help from an experienced immigration attorney to protect your rights.
