Criminal Record? A Criminal EB-5 Lawyer Can Help

At George & Marzialo, PLLC, we specialize in supportive immigration services. We can help you obtain your EB-5 Green Card or business visa and gain approval for immigration applications if you have been charged with a crime in this county. 

Our criminal EB-5 Lawyer team has advocated for the best possible outcome in cases for hundreds of clients, and we can do the same for you.

When it comes to our judicial system, immigrants face additional obstacles compared to American citizens. It is essential to work with a criminal EB-5 Lawyer who understands these obstacles and keeps them in mind when crafting your legal strategy. 

We work with immigrants who have a criminal record, helping them process their applications for citizenship despite being charged with crimes. We also advise immigrants on the plea deals offered to them through the judicial system to help minimize the impacts on their pending applications or future immigration goals.

How an Experienced Criminal EB-5 Lawyer Can Help You

American citizens may face the prospect of incarceration and fines if they are found guilty of a crime. In contrast, for an immigrant, a guilty verdict could also lead to deportation. Being deported often results in the disruption of a person’s lifestyle and also separates families for an indefinite period. For an immigrant, criminal charges and any criminal convictions must be taken seriously and effectively challenged through informed and experienced legal advocacy.

Unfortunately, traditional criminal defense Lawyers accustomed to working with American citizens often make recommendations for immigrants that hurt their prospects of citizenship. Immigrants charged with murder, manslaughter, fraud, theft, robbery, drug crimes, child abuse, and other crimes face deportation and significant penalties. If you’re facing a plea deal for these crimes, you should consult an Lawyer who understands your immigration status. Often, that’s not a criminal defense Lawyer, but a lawyer at an immigration law firm like ours.

At George & Marzialo, an experienced criminal EB-5 Lawyer is dedicated to supporting the best interests of immigrants and helping them navigate the increasingly convoluted American justice system. Our commitment is to secure your green card despite your criminal history. We understand how immigration and criminal law overlap and how to custom-tailor your legal strategy to increase your chances of staying in the country. If you need guidance when facing criminal charges, call on our law firm for advice regarding which plea to enter based on your immigration status. 

Who is at Risk of Deportation and Inadmissibility? 

Any individual who is a non-US citizen, H1-B, and F-1 visa holder, as well as a green card holder, is at risk of deportation. The Department of Homeland Security (D.H.S.) has the authority to deport foreign nationals who commit a crime classified as deportable. In addition to deportation, offenders may also be prevented from re-entering the United States, which is known as inadmissibility.

All persons classifieds as non-US citizens are at risk of deportation, including: 

• Workers in the US on E-2,L-1, O-1, and H1-B visas who are charged with certain crimes or a DUI 
• Illegal immigrants who entered the U.S. without the proper authority 
• Immigrants who have overstayed their visa expiration date 
• Refugees and asylees 
• The children of undocumented immigrants who are eligible for DACA
• Exchange students on J-1 visas
  • International students on F1 visas
• Non-US citizens with dependent children who are U.S. citizens 
• Permanent residents, green card holders, and other legal visa holders who have built businesses established homes, and may have even been living in the U.S. for decades 

Moving to the United States without the proper paperwork can lead to a criminal charge resulting in deportation. You can lose decades of work spent building a life, a business, and a home. Given the significant impact that a criminal charge could have on your life, it is essential to work with an experienced criminal EB-5 Lawyer to understand how your history impacts your future options and current applications.

What Criminal Charges Can Lead to Deportation?

Individuals can be deported from the United States if convicted of certain criminal offenses. The specific crimes that can lead to deportation vary, but they generally fall into one of the following categories:

• Aggravated felonies often lead to deportation and include murder, racketeering, drug trafficking, and other violent crimes.
• Crimes of moral turpitude are offenses considered inherently immoral or unethical, like theft, fraud, and some forms of domestic violence.
• Drug crimes can result in deportation, including drug trafficking, drug possession, and drug distribution.
• Firearm offenses like illegal possession of a firearm, sale or transfer of firearms to prohibited persons, and other related crimes can result in deportation.
• Domestic violence offenses, including spousal abuse and child abuse, can lead to deportation.

Not all criminal convictions will result in deportation, and there are options for individuals facing this penalty. Immigrants may be able to apply for relief from removal, such as an application for cancellation of removal or a request for withholding of removal. An experienced criminal EB-5 Lawyer can help you understand your rights and provide counsel regarding your unique situation.

We Represent Members of the Unauthorized Immigrant Workforce Charged With Crimes 

In a March 2022 report, the Center for Immigration Studies estimated that, as of January 2022, there were 11.5 million unauthorized immigrants living in the United States. This represents a 10.22 million increase over January 2021. Overall, unauthorized immigrants account for more than two-thirds (one million total) of the increase in the total foreign-born population since January 2021. Our Lawyers are able to assist these members of the unauthorized immigrant workforce when they are charged with crimes.

Unauthorized Immigrants Charged with Crimes Have a Right to an Lawyer 

The fact of the matter is that a great many unauthorized immigrants are working and starting new lives in the United States, and if they face criminal charges or have criminal convictions, they are entitled to the representation of an Lawyer like anyone else. If you are in the process of acquiring a Green Card, an EB-5 visa, or any other visa and are worried that past criminal charges or criminal convictions might have immigration consequences, we can help. Our team of criminal defense Lawyers is also available to provide guidance and insight regarding the appropriate pleas to enter based on your current immigration status.

About Immigration-Related Federal Offenses

Improper Entry By Alien 

Through 8 U.S.C. Sec. 1325(a), improper entry can be charged to any alien who (1) enters or tries to enter the U.S. at any time or place other than as designated by immigration officers or (2) eludes examination or inspection by immigration officers or (3) attempts to enter or does enter the U.S. through willfully false or misleading representation or willful concealment of material fact.

Being convicted of improper entry as an alien can lead to imprisonment of up to six months for a first offense and/or a fine, and any subsequent offenses can lead to a fine and up to two years in prison. 

Fraud and Misuse of Permits, Visas, and Other Documents 

Through 18 U.S. Code Sec. 1546, it is clarified that any individual who engages in the following acts is guilty of fraud and misuse: 

• Knowingly forges, counterfeits, alters, or falsely makes a variety of immigration-related documents
• Personates another or falsely appears in the name of a deceased individual or evades attempts to evade immigration laws by appearing under a false name
• Knowingly makes under oath, or as allowed under penalty of perjury, a false statement concerning a material fact in any application, affidavit, or other document required by immigration laws

When found guilty of these types of fraud and misuse, the penalty may include the following:

• A fine
• Imprisonment of up to 25 years if the offense was committed to support an act of international terrorism 
• Imprisonment of up to 20 years if the offense was linked to a drug trafficking crime
• Up to 10 years of imprisonment if the case is a first or second offense and was not linked to international terrorism or drug trafficking 
• Up to 15 years in the case of any other offense, and potentially a fine. 

Misstatements in your immigration applications can lead to criminal charges or a criminal conviction that results in fines, prison time, or deportation. Again, this highlights the value of working with an immigrant Lawyer during the filing process to help you avoid the potential need for a criminal EB-5 Lawyer. 

An immigration fraud conviction under 18 U.S. Code Sec. 1546—including documents, benefits, asylum, and marriage fraud—can lead to being permanently barred from receiving immigration benefits.

Marriage Fraud

The immediate relatives of U.S. citizens can obtain permanent residency or green card status. However, when a marriage contract is entered into under false pretenses to avoid U.S. immigration laws, it is a violation of 8 U.S.C. Sec. 1325(c). 

If you have been found to have committed marriage fraud, you could face the following: 

• Imprisonment of up to 5 years and/or 
• A fine of up to $250,000

The USCIS also has the power to cancel any citizenship or naturalization certificate when it is determined that it was obtained illegally or created through fraud. 

Alien Hindering Removal 

Through 8 U.S.C. 1253, any individual who fails to leave the U.S. during the removal period fails to take steps to arrange for travel, conspires to prevent departing, and/or fails to present themselves for removal at the agreed time and place could be found guilty of hindering their own removal. 

Being convicted of hindering your removal can lead to the following: 

• Imprisonment for up to 4 years 
• Supervision following release from prison 
• A fine of up to $250,000 

Working with an Lawyer during the removal process can help you arrange for travel and oppose any claims by the government that the removal is being actively opposed or hindered, thus avoiding a charge. 

Immigrant Waivers of Inadmissibility

An immigrant waiver of inadmissibility is a form of relief allowing individuals who are otherwise inadmissible to the United States to overcome the immigration restrictions preventing their admission. 

If a person is found to be inadmissible, they may be able to apply for an immigrant waiver of inadmissibility and be allowed to enter the country. 

Connect with a Criminal EB-5 Lawyer for Guidance 

A criminal charge can have immigration consequences. We have observed that an applicant’s criminal history can result in an application denial, delays, or a more heavily scrutinized process with more interviews and security checks. 

Working with a criminal EB-5 Lawyer who is familiar with this process can help you get through any roadblocks that would stall the process and show you when a different strategy is needed. 

You are not out of options just because you’ve been convicted of a crime in the U.S. We advise you to consult with a criminal EB-5 Lawyer to learn more about what paths are open to you in pursuing citizenship or residency despite your criminal record. To learn how we can help with the immigration process while addressing your concerns over criminal charges, reach out to George & Marzialo.