cta

Aggressive and Thorough Representation
in Immigration, Criminal & Family Law

Your Conviction Can Lead to Deportation!

Get the Facts from an Experienced Immigration Lawyer

Have you been placed into deportation or removal proceedings because of your illegal immigrant status or because you were charged with a crime? Are there criminal convictions on your record that make you inadmissible for entering or staying in the U.S.?

Attorney Kimberly J. Trupiano understands that families can be torn apart and dreams of U.S. citizenship can be destroyed. Practicing in both immigration law and criminal defense, she can explain the immigration consequences and represent you in criminal proceedings, USCIS proceedings and post-conviction appeals.

Trupiano Law of Salt Lake City, Utah provides the sophisticated knowledge of immigration laws and administrative rules to guide clients to a successful resolution of these complex legal problems. Call 801-266-0166 for an initial consultation.

Avoiding Conviction for Deportable Offenses

A conviction for a crime of moral turpitude (such as fraud or theft) or an aggravated felony (certain drug crimes, rape, or assault or domestic violence causing injury) can be grounds for deportation. For some crimes, you can be permanently barred from entering the U.S. in the future.

It is critical to know what will happen to your legal status before you plead guilty to any crime. Many criminal defense attorneys do not understand the immigration consequences when representing non-U.S. citizens. The attorneys at Trupiano Law can advise whether a conviction would lead to deportation or removal. She works to fix past mistakes or vigorously defend clients to avoid conviction.

Addressing Old Convictions

Ms. Trupiano is experienced in appeals and post-conviction relief. If you were not properly advised of the immigration consequences in your original case, she can petition the court to re-open the case to make you admissible. She explores all options:

  • Withdrawing a guilty plea
  • Amending the sentence to a term less than five years or to a suspended sentence (probation)
  • Amending the conviction to a lesser (non-deportable) offense
  • A pardon by the governor of Utah

The court will not reverse or amend a conviction just to qualify for immigrant status. Kim Trupiano demonstrates that the plea or conviction was a violation of your constitutional right to due process. She can often convince prosecutors to help make things right, especially if you have served your sentence and stayed out of further legal trouble.

If successful in avoiding conviction or appealing your case, Ms. Trupiano makes sure that all associated barriers to immigration are cleared up. She moves for cancellation of removal, and re-submits visa, green card, adjustment of status or naturalization applications as necessary to reflect the happy outcome.

Kimberly J. Trupiano has a proven record of positive results because she cares about keeping families together and pays attention to the immigration consequences of criminal charges. Contact her Salt Lake City office to arrange an initial consultation.

IMMIGRATION & CRIMINAL CONVICTIONS

NONCITIZEN DEFENSE

Are you a legal permanent resident? Or are you here now illegally because you overstayed a visa or entered without inspection? Or have you entered the United States without being inspected and admitted? If your status is a noncitizen under any of those three and you have a criminal conviction or are currently being charged for a crime, you need to ensure your criminal defense attorney understands your unique needs.

Trupiano Law focuses its practice on immigration and criminal defense, that is, federal and Utah state criminal defense as well as immigration defense. This includes:

•1) Evaluating categories of criminal convictions and their Implications for legalization, asylum, voluntary departure, and naturalization;

•2) Expertise in the unique procedure, strategies, and issues involved in the representation of the noncitizen accused;

•3) Analysis of all aspects of prior convictions or potential new convictions or official contact with the criminal justice system;

•4) Post-conviction remedies, including vacating criminal convictions and judgments, amending sentences and convictions, withdrawing pleas of guilty that were involuntarily and/or unknowingly entered, and appeals;

•5) Utilizing any available criminal conviction waivers under the Immigration and Naturalization Act.

The following are factors taken into consideration for many cases where criminal convictions or current criminal charges apply to a noncitizen’s whose immigrant status or future eligibility for lawful immigrant status is jeopardized.

The Noncitizen Client’s Current Equities and Favorable Factors:

  1. The Client does not take drugs and avoids excessive alcohol;
  2. The Client has United States citizen children and/or spouse whom Client is close to,
  3. The Client has Many relatives who are in the United States in lawful status,
  4. The Client volunteers in his or her community,
  5. The Client has served in the United States military honorably,
  6. The Client supports dependents who are United States citizens or lawful permanent residents,
  7. The Client shows good rehabilitation of prior bad acts,
  8. The Client has no outstanding or potential arrest warrants;
  9. The Client has no current aggravated unlawful re-entry history;
  10. The Client is lawfully present in the United States or has been petitioned for.

Criminal Situation:

  1. The State criminal conviction can be distinguished from the “equivalent” under federal immigration law;
    1. Domestic violence under Utah law does not always rise to the level of a “domestic violence” conviction under the Immigration and Naturalization Act,
    2. The alien was convicted of violation of a protective order but not as to the portion of the protective order that has to do with threats or acts of violence and the protected person,
  2. The conviction is an aggravated felony or crime of moral turpitude (“CMT”) but can be amended to a non-aggravated felony or a non-CMT;
    1. Federal convictions or charges under the aggravated felony of 8 U.S.C. § 1324(a) (encouraging aliens to enter the United States against immigration law) could be amended to the non-aggravated felony of 8 U.S.C. § 1325 under an aiding and abetting theory (aiding and abetting alien to enter the United States unlawfully),
    2. Utah convictions or charges of Identity Fraud under Utah Code Ann. § 76-6-1102 (a crime of moral turpitude) can be amended to Possession of Another’s Identification Documents under Utah Code Ann. § 76-6-1106 (not a crime of moral turpitude),
  3. The Client has one or a few damaging convictions. If more than one, they flowed from one guilty plea proceeding and/or alien’s involvement was minimal compared to co-defendants;
  4. Number and Diversity of Original Charges and possible;
  5. If the conviction falls under a divisible statute, the Evidence of guilt is weak or the Client has a plausible claim of (partial) innocence.
  6. There is small risk the Client would receive additional sentence of incarceration if the case is reopened and the Client were to be reconvicted;
  7. The Client received ineffective assistance of counsel or involuntarily or unknowingly waived his or her right to counsel;
  8. The Client was coerced or pressured by defense counsel or the prosecution to plead guilty without accurately or adequately explaining the consequences of the plea;

The Timing of the Post-Conviction Matter:

  1. Post-Conviction deadlines have not passed or good cause can be shown as to why they have which is excusable under applicable law;
  2. There is still time to appeal the merits of the case or to reinstate the right of appeal as to the merits of the case (which stays the immigration consequences of that case);
  3. There is still time to reopen the immigration case or defend against removal charges if criminal convictions are vacated or favorably amended (post-conviction requests for relief do not stay removal proceedings or termination of visa grants);
  4. The records necessary to establish error in the criminal case still exist.

Call Trupiano Law for a Professional Evaluation of Your Case before Filing any Papers with the U.S. Citizen and Immigration Services!

Filing paperwork with any involvement with the criminal justice system even many years ago in your past and even if it was expunged or dismissed can trigger deportation! So call Trupiano Law for a professional evaluation of your case. Do not be tempted to file immigration paperwork on your own if you even have had even the slighted involvement with the criminal justice system. You might think that your criminal case has been dismissed, but that does not mean the criminal activity will not be held against you by the U.S. Citizen and Immigration Services! Come to immigration and criminal defense attorney Kimberly J. Trupiano at Trupiano Law for a thorough evaluation of your immigration case and for advice on the best way to proceed with any requests for immigration benefits.