Defense Against Deportation

A criminal conviction can subject a person to deportation from the U.S. if he or she is not a United States Citizen. If a person has been convicted of certain criminal offenses, including simple or domestic battery, they can be arrested, placed in removal proceedings and deported from the USA regardless of how long ago the criminal conviction occurred, or how long they have been in the country. Moreover, a conviction for a criminal offense that would not automatically subject them to detention and potential removal from the U.S., could nonetheless preclude them from re-entering the United States if they were to leave the U.S. and seek to later re-enter. A withhold of adjudication counts as a criminal conviction by the immigration officials, even if the record was sealed.

A person who has entered a plea of guilty or no contest to a criminal charge may have legal grounds to withdraw their plea if the criminal court Judge did not advise them, prior to entering the plea, that their plea could subject them to deportation. Prior to October 26, 2006 the immigration law allowed a person two years from the date they were threatened with deportation to file a motion to withdraw their plea. On October 26, 2006, the Florida Supreme Court in State v. Green severely reduced that time to two years from the date of their conviction (with the exception that a foreign national convicted prior to October 26,2006 will be allowed two years from the date of the decision to file a motion to withdraw their pleas in such cases).

If you or your family are not United States Citizens and have been charged or convicted of a criminal offense, you are at risk. Consulting experienced and knowledgeable immigration attorney who specializes in immigration and criminal law is thus paramount to your ability to protect your rights, defend against the actions that you might be facing, and seek to ameliorate the impact that such actions will have on your ability to remain in the United States.

Contact our Defense and Immigration Attorneys if you need Defense Against Deportation

Our immigration and criminal defense attorneys are very skilled and have represented hundreds of clients in the past. If you or someone you know is facing criminal or immigration charges, contact our attorneys 24 hours a day, 7 days a week, at
407-500-0000, or fill out our online form. You can also e-mail us at We will get back to you as soon as possible. We value your privacy and will keep any information strictly confidential.

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