For green card holders, the threat of removal proceedings due to criminal convictions can be terrifying. Your lawful permanent resident status, which you’ve worked so hard to achieve, suddenly hangs in the balance — endangering your life in the United States, your family, and your future. However, green card holders are entitled to due process during removal proceedings and can contest deportation in immigration court. One way to defend against deportation is by challenging the grounds for removal outlined in the Notice to Appear (NTA). Additionally, a motion to reopen can be filed based on new evidence, while a motion to reconsider argues that the judge’s decision was incorrect based on existing records.
Immigration enforcement policies not only affect individuals and families facing removal, but also have a significant impact on the American people, raising concerns about economic costs, personal loss, and national safety.
The U.S. immigration system, especially when criminal law is involved, is complex and unforgiving. Navigating it without the help of an experienced attorney can be disastrous. Immigration laws are constantly changing, making legal advice essential for navigating proceedings. The federal government plays a central role in shaping immigration enforcement and legal obligations, including detention and compliance requirements. The threat of deportation also creates an atmosphere of fear within immigrant communities, further emphasizing the need for professional legal guidance.
If you’re a green card holder facing deportation because of criminal convictions and need an experienced immigration attorney in Cleveland, Ohio, this comprehensive guide will help you understand your situation and find the specialized legal help you need. Deportation can cause emotional pain and heartache for families affected by it, making it even more critical to seek expert legal assistance. Families of deported individuals frequently face psychological trauma due to separation, further underscoring the importance of addressing these cases with care and urgency. Each year, tens of thousands of individuals and families are affected by deportation policies, highlighting the scale and seriousness of this issue.
Quick Answer Box: Key Steps for Green Card Holders Facing Deportation Due to Criminal Convictions
- Understand Your Grounds for Removal: Determine if your conviction makes you deportable — especially if it’s an “aggravated felony” or a “crime involving moral turpitude.”
- Seek Immediate Legal Counsel: Do not attend any immigration interviews or court hearings without first consulting an experienced immigration attorney specializing in deportation defense.
- Gather All Documents: Collect your green card, passport, criminal court records, immigration history, and evidence of ties to the U.S.
- Explore Relief Options: Your attorney can evaluate eligibility for cancellation of removal, waivers, or post-conviction relief.
- Find a Specialized Attorney: Look for a Cleveland immigration attorney with deep experience in deportation defense and criminal immigration cases — including DUI or second DUI convictions.
- Prepare for Immigration Court: Your lawyer will guide you through master calendar and individual hearings before the Cleveland Immigration Court.
Understanding Removal Proceedings for Green Card Holders with Criminal Convictions
Being a lawful permanent resident (LPR) offers protections, but not immunity from deportation. Certain criminal convictions can trigger removal proceedings, putting your green card at risk. However, green card holders cannot be deported for minor infractions and have certain legal protections against removal. In addition, green card holders have specific legal rights during removal proceedings, which can be critical in defending their status. It is important to explore every legal option available to defend their status.
What Are Removal Proceedings?
Removal proceedings, also known as a deportation hearing, are administrative court actions initiated by U.S. Department of Homeland Security (DHS) to determine whether a non-citizen should be deported. Immigration officials oversee and initiate these proceedings, which take place before an immigration judge at the Cleveland Immigration Court.
If immigration officials detain you—often through Immigration and Customs Enforcement (ICE)—you may be eligible for release on bond while your case is pending. In some cases, adjustment of status can stop the deportation process entirely for individuals eligible for a green card based on family relationship or employment.
Rights of Green Card Holders
As a green card holder, understanding your rights under U.S. immigration law is crucial to protecting your future in the United States. Lawful permanent residents—often referred to as green card holders or permanent residents—enjoy significant privileges, including the right to live and work anywhere in the country, travel internationally, and access many of the same legal protections as U.S. citizens. Your lawful permanent status also allows you to pursue citizenship through naturalization, sponsor certain family members for visas, and benefit from the stability that comes with permanent residency.
However, it is important to recognize that this status is not unconditional. Green card holders can still face deportation proceedings if they are convicted of certain crimes or violate immigration laws. Offenses such as aggravated felonies, crimes involving moral turpitude, or other serious immigration violations can put your immigration status at risk and may result in removal from the United States. Even long-term lawful permanent residents are not immune from these consequences.
To safeguard your legal status, it is essential to stay informed about the laws that apply to green card holders and to seek legal guidance if you are ever accused of a crime or become involved in any immigration matter. Being proactive and understanding your rights can make a significant difference in the outcome of your case and help you maintain your lawful permanent residency. If you are facing any threat to your status, consult with an experienced immigration attorney who can help you navigate the complexities of immigration law and protect your future in the U.S.
Criminal Convictions That Can Lead to Deportation
Under the Immigration and Nationality Act (INA), green card holders can be removed for committing a qualifying crime or other deportable offenses, including:
- Crimes Involving Moral Turpitude (CIMT): Offenses such as theft, assault, or fraud that violate moral standards. A single CIMT within 5 years of admission (with a sentence of one year or longer), or two CIMTs at any time, can make an LPR deportable.
- Aggravated Felonies: Broadly defined to include crimes like murder, drug trafficking, major theft or fraud, and some felony DUIs. Conviction usually results in mandatory detention and limited relief.
- Controlled Substance Offenses: Even minor drug-related convictions can trigger removal.
- Firearms Offenses: Violations involving possession or use of a firearm.
- Domestic Violence and Related Crimes: Including child neglect or stalking. Deported individuals may face violence and economic instability upon returning to their home country.
The Role of Cancellation of Removal
For many LPRs, cancellation of removal is the most important form of defense. Cancellation of removal is a critical legal option for many LPRs facing deportation, as it allows them to remain in the United States if they meet certain requirements.
Eligibility under INA §240A(a):
- Must have been a lawful permanent resident for at least 5 years.
- Must have resided in the U.S. continuously for 7 years after admission.
- Must not have been convicted of an aggravated felony.
- Must show that positive equities (family ties, community service, employment, health conditions) outweigh negatives.
A successful cancellation of removal case requires a persuasive attorney who can compile strong evidence and present compelling arguments before the immigration judge.
Why an Experienced Immigration Attorney Is Non-Negotiable
The intersection of criminal law and immigration law—known as “crimmigration”—is one of the most intricate legal areas. Even minor convictions can have severe immigration consequences. Having an experienced legal team is crucial, as their expertise and successful track record can make a significant difference in complex immigration cases.
A qualified Cleveland immigration lawyer who understands both areas can:
- Evaluate whether your offense qualifies as a CIMT or aggravated felony.
- Explore post-conviction relief, such as vacating or modifying convictions.
- File for waivers or cancellation of removal.
- Represent you in immigration court and on appeal before the Board of Immigration Appeals (BIA). A dedicated attorney will work tirelessly to defend you against deportation, providing aggressive and strategic legal representation to help you remain in the U.S.
Understanding Waivers, Appeals, and Other Forms of Relief
An experienced attorney can identify several potential defenses:
- Cancellation of Removal (for eligible LPRs).
- Waivers of Deportability or Inadmissibility, such as INA §212(h) waivers.
- Asylum and protection for asylum seekers, which may be available to individuals fleeing persecution or danger in their home countries.
- Temporary Protected Status (TPS), which allows eligible individuals from designated countries to remain in the U.S. temporarily due to extraordinary conditions.
- Prosecutorial Discretion, where DHS may close or terminate your case.
- Appeals to the BIA or federal courts if relief is denied.
Strategic Defense in Cleveland Immigration Court
The Cleveland Immigration Court (located at Carl B. Stokes U.S. Courthouse) is where most local deportation hearings occur.
A skilled Cleveland deportation defense attorney will:
- File motions and applications on your behalf.
- Present testimony and evidence effectively.
- Cross-examine DHS witnesses.
- Negotiate with government attorneys.
- Prepare you thoroughly for hearings.
Finding the Best Deportation Defense Lawyers in Cleveland, Ohio
Choosing the right lawyer is crucial. It is important to select experienced immigration attorneys who offer comprehensive immigration services to address your specific needs. You need an attorney experienced in both criminal defense and immigration law.
What to Look for in a Deportation Defense Attorney
- Specialization: Focus on deportation defense and criminal immigration.
- Experience: Proven track record in cancellation of removal, aggravated felony, and DUI-related cases.
- Knowledge of Local Courts: Familiarity with Cleveland Immigration Court and local DHS counsel.
- Communication: Clear explanations, frequent updates, transparency, and the ability to speak openly with your attorney.
- Reputation: Excellent client reviews and professional standing.
- Compassion: A lawyer who genuinely cares about your case and family.
Featured Firm: Herman Legal Group
When facing deportation because of a criminal conviction, one of the most trusted and experienced firms in Cleveland is Herman Legal Group.
Led by Richard T. Herman, Esq. — a nationally recognized immigration attorney with over 30 years of experience — the firm has built a reputation as “The Law Firm for Immigrants.”
Herman Legal Group provides:
- Expert representation in criminal-based deportation cases.
- Bilingual and multilingual legal support.
- Deep knowledge of cancellation of removal, aggravated felony analysis, and DUI immigration consequences.
- Compassionate, individualized attention to each client.
Their team has helped countless LPRs in Cleveland and nationwide protect their permanent residency and stay united with their families.
Visit their Cleveland immigration lawyer page for more information or to book a confidential consultation.
Other Reputable Cleveland Immigration Resources
- American Immigration Lawyers Association (AILA): Use AILA’s Find a Lawyer tool to locate an immigration attorney in Cleveland who specializes in deportation and criminal-conviction cases.
- Catholic Charities Migration and Refugee Services – Cleveland: Offers low-cost or free immigration legal help, including assistance with visa applications.
- The Legal Aid Society of Cleveland: Provides legal assistance for low-income immigrants facing removal, including help with visa applications. Organizations like the Legal Aid Society of Cleveland and Catholic Charities Diocese of Cleveland provide legal assistance for immigration matters.
- Case Western Reserve University School of Law – Immigration Clinic: Offers representation and advocacy for certain immigration cases.
Key Questions to Ask Potential Attorneys
When interviewing lawyers, consider asking:
- What experience do you have with LPR deportation due to criminal convictions?
- Have you handled DUI, aggravated felony, or moral turpitude cases?
- What forms of relief do you think apply in my case?
- How often do you appear before the Cleveland Immigration Court?
- How do you communicate with clients and what are your fees?
The Immigration Court Process in Cleveland
- Notice to Appear (NTA): The DHS issues this to start proceedings. Individuals facing deportation must take the Notice to Appear seriously as it initiates removal proceedings.
- Master Calendar Hearings: Initial procedural hearings.
- Individual (Merits) Hearing (also known as a deportation hearing): The trial-like stage where you present evidence and testimony.
- Decision and Appeal: If denied, your attorney can appeal to the BIA and possibly the Sixth Circuit Court of Appeals.
Immediate Steps if You’re Facing Deportation
- Contact an attorney immediately — do not delay.
- Collect documents: Green card, passport, court records, immigration notices, and proof of U.S. residence.
- Know your rights: You have the right to counsel (at your own expense) and the right to remain silent. You can also refuse an immigration agent’s request to search you or your belongings without a judicial warrant.
- Never sign anything without legal advice.
C
onclusion
Facing deportation as a green card holder with criminal convictions is among the most serious challenges an immigrant can face. Your residency, your livelihood, and your family’s future are on the line. The emotional toll of separation can affect children of deported parents significantly, adding another layer of hardship to these already difficult situations.
If you are in Cleveland, Ohio, contact an experienced deportation defense attorney immediately — ideally one with a proven record in cancellation of removal and criminal immigration law.
The Herman Legal Group stands out as a top choice for immigrants confronting this exact situation. With compassion, strategic advocacy, and more than three decades of experience, Richard T. Herman, Esq. and his team can help protect your American Dream.
Key Takeaways
- Certain criminal convictions can make green card holders deportable.
- Immediate legal representation is essential — do not go to immigration court alone.
- Cancellation of removal and INA waivers are critical relief options.
- Herman Legal Group in Cleveland is a nationally recognized firm specializing in deportation defense for LPRs with criminal convictions.
- Use AILA’s lawyer search and local nonprofit resources to find additional qualified help.
