Last updated on January 13, 2025

If you are seeking to become a U.S. citizen through naturalization or you are here as a lawful permanent resident, then you are required to adhere to the laws of the state in which you reside. Further, if you are here on a temporary visa, then you are also required to abide by state and federal laws.

A violation of these laws can have extremely severe consequences. Some results of conviction for a crime can include deportation and removal from the United States. In addition, if you are deported for the commission of a crime, you may be barred from reentry in the future.

At Bartell, Georgalas & Juarez, L.P.A. Co., we have built a strong practice guiding clients through all facets of the immigration process and have years of experience providing criminal defense. Through the long history of our practice, we have represented clients facing both immigration and criminal law matters. We understand the severity of criminal charges based on your immigrant status or your ability to remain in or reenter the United States.

Contact us for a free consultation. Call 216-777-4181 or use our email form.

Criminal Immigration Lawyers Fighting For You

Our firm is dedicated to helping immigrants. A large part of our practice is helping those clients protect their immigration status through skilled and vigorous criminal defense. According to Title 8 USC §1227, there are many crimes that can result in the deportation of aliens from the United States. Others can result in inadmissibility at the time of arrival. We can provide legal advice and representation to clients facing a wide range of criminal allegations and immigration violations, including:

• DUI/DWI (drunk driving): Operating a vehicle under the influence of alcohol or drugs can lead to serious legal consequences and impact your immigration status.
• Domestic violence and protective order violations: Convictions for domestic violence or breaching protective orders can result in deportation.
• Drug crimes: Involvement in drug-related offenses, from possession to trafficking, could jeopardize your stay in the U.S.
• Serious felonies (robbery, sexual assault, murder, etc.): Convictions for these grave offenses almost always lead to removal proceedings.
• Weapon offenses: Illegal possession, use or trafficking of firearms and other weapons can trigger deportation.
• White collar crimes (fraud, tax fraud, embezzlement): These financial crimes reflect negatively on moral character evaluations and can affect immigration status.
• Identity theft and forgery: Crimes involving dishonesty, such as identity theft and forgery, can lead to being removed from the U.S.
• Marriage fraud to obtain entry to the U.S.: Engaging in a sham marriage to gain immigration benefits is a serious offense that can result in deportation.
• Falsely claiming U.S. citizenship: Misrepresenting oneself as a U.S. citizen for any benefit can lead to deportation proceedings.
• Criminal reentry after deportation: Returning to the U.S. illegally after being deported exposes one to possible criminal charges and further deportation.
• Smuggling other aliens into the United States: Assisting others to enter the U.S. illegally is a deportable offense.
• Human trafficking: Involvement in trafficking operations is not only a criminal offense but also a major cause for deportation.
• Other deportable crimes, such as those listed below.

We will make every effort to avoid a conviction (or guilty plea) that would threaten your ability to stay in the United States. We aim to get the charges dismissed or reduced to a nondeportable offense, and our attorneys are prepared to go to trial to fight for your freedom and your immigrant status.

In the Cleveland area, many immigration cases take place at the Cleveland Immigration Court at 801 W. Superior Avenue, Suite 13 – 100, Cleveland, OH 44113. This is separate from your criminal case.

Criminal Charges And Their Impact On Immigration Status

The United States Immigration and Nationality Act outlines what criminal offenses can lead to deportation. These include, but are not limited to:

• Crimes of moral turpitude: These crimes generally involve acts that are inherently deceitful or vile. A single conviction can make an immigrant deportable if committed within five years of admission and if the crime could result in a year or more of imprisonment.
• Multiple criminal convictions: Two or more convictions for crimes, including criminal misdemeanors, at any time after admission can result in deportability.
• Aggravated felonies: Conviction of any aggravated felony at any time after admission renders an immigrant deportable.
• Controlled substance violations: This includes most drug offenses, except for a single offense of possessing 30 grams or less of marijuana for personal use.
• Firearm offenses: Convictions related to firearms can be grounds for deportation.
• Crimes of domestic violence and stalking: Immigrants convicted of these offenses can be deported.
• Failure to register and falsification of documents: These include failing to register a change of address and falsifying immigration documents.

If you are convicted of any of these, you could face deportation and removal from the U.S. – even if you are a lawful permanent resident.

Waivers And Other Relief

Certain convictions may allow for a waiver, where deportation can be avoided. This includes cases where a full and unconditional pardon has been granted by the President of the United States or any state governor. Additionally, a waiver may be available for humanitarian purposes, such as family reunification. Our criminal immigration lawyers can help you understand if a waiver might be available.

In 2010, the United States Supreme Court heard the case Padilla v. Commonwealth of Kentucky. This ruling was groundbreaking in the sense that the court said it was a violation of the Sixth Amendment if an individual’s defense attorney failed to advise his or her client of the immigration consequences of pleading guilty to any criminal charge. This situation can be used as grounds to reopen a previous case. In other words, if you were convicted of a crime but your defense attorney did not explain the immigration consequences of a conviction, you may be able to reopen your case.

Illegal Reentry Into The United States After Removal

Illegal reentry – or criminal reentry – is the term used to describe a situation where an individual comes back to the United States after being deported. There are obvious criminal repercussions of illegal reentry, including significant prison time. Additionally, if you reenter the country unlawfully, you can be considered ineligible for waivers of inadmissibility.

It can be challenging to defend an illegal reentry case. We will thoroughly examine your situation to determine the best defense. Our firm will strive to keep you informed about the progress of your case at every stage. These are serious matters that must be handled by an experienced lawyer.

Citizenship And Marriage Fraud

There are serious risks involved in falsely claiming to be a U.S. citizen or claiming to be married to one, including deportation. There are several ways that noncitizens can make a false claim, including:

• Claiming to be a U.S. citizen on a job application
• Registering to vote in an election
• Indicating that you are a U.S. citizen on an I-9 Employment Eligibility form
• Claiming to be a U.S. citizen on a student loan application
• Claiming to be a U.S. citizen on a mortgage loan application

If you are concerned that you are under investigation for marriage fraud or have been charged with a crime, it is important to contact a skilled immigration attorney. We can defend you no matter the complexity of your situation. If you have questions regarding the immigration process, criminal defense or specific aspects of a marriage fraud charge, contact our firm for a free consultation.

There are certain exceptions and effective defenses to a false claim to citizenship. You need to consult with an experienced immigration lawyer as soon as possible. We will fight to protect you from both immigration consequences and criminal penalties.

We Are Cleveland Criminal And Immigration Lawyers

Our experience and special focus provide protection of your rights if you are a noncitizen charged with a crime. Call us today at 216-710-6700 for a free consultation or contact us by email, and we will respond promptly.