What are the Consequences of an Aggravated Felony?

A criminal charge and/or conviction for an aggravated felony can carry many serious repercussions for both non-citizens and legal permanent residents if they are not adequately represented.  Foremost is the danger of being subjected to removal proceedings that could result in deportation.  When an alien is deemed an aggravated felon, he could be barred from the U.S. for twenty years and would be ineligible for most forms of relief such as political asylum, an order of cancellation of removal, or voluntary departure.  However, hope should not be lost just because an alien has been charged or convicted of a crime that could possibly result in an aggravated felony. 

To preserve that hope, the aid of an immigration attorney should be utilized before a conviction occurs.  Critically so, during the plea bargain negotiations and in the process of fashioning the sentence, the skilled attorneys at Shihab & Associates Co., LPA, may help to prevent a conviction from ever becoming an aggravated felony.  For example, in the plea bargaining stage, a sentence of one year could be reduced to 364 days, which would prevent it from becoming an aggravated felony.  A crime of embezzlement of $10,000 could be plea bargained or reduced to two separate crimes of $5,000 each, neither of which would be considered an aggravated felony. 

After a conviction, depending on the particular circumstances of your case, Shihab & Associates could help you to obtain post conviction relief in the form of certain waivers and could even attempt to undo the conviction itself.  The limited 212(h)(1) waivers, such as the “Extreme Hardship Waiver,” can be used to prevent the deportation of aliens who have been convicted of an aggravated felony.  To make things more difficult, recent legislation has rendered lawful permanent residents as ineligible for this waiver.  As a result, 212(h)(1) waivers to overcome a conviction of an aggravated felony are available solely to non permanent residents.

Shihab & Associates can help along every step of the way.  From assisting you in overcoming new criminal charges that may jeopardize your dreams, to determining whether your past conviction poses a danger to your immigration plans, we will do our utmost to ensure that every possible legal option is exhausted on your behalf.