Consequences for Smuggling Undocumented Immigrants

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    Battling immigration-related charges can be daunting and the consequences of a conviction life-altering. Inadequate legal guidance and assistance can lead to a lengthy jail term and deportation, disrupting your life and separating you from your family if you’re convicted of smuggling undocumented immigrants into the U.S. Call Kats Immigration Law if you find yourself in the dangerous situation of being charged with this serious crime.

    What’s Considered Smuggling Undocumented Immigrants?

    Smuggling undocumented immigrants includes transporting, concealing or helping individuals enter the United States illegally. It’s an offense that carries serious consequences with jail terms up to 20 years. You may also face life imprisonment if an individual you’re trying to smuggle is injured or dies in the process.

    Kats Immigration Law offers representation from expert immigration lawyers in Brooklyn and Manhattan, New York. They understand the gravity of this charge and work hard to defend you if you’re accused. They’re committed to protecting your rights and freedoms regardless of your status. They are strategic in their defense tactics to give you a fighting chance to have the best outcome.

    What Are the Legal Implications of Aiding Illegal Immigration?

    Helping someone enter the U.S. illegally is a federal crime. It covers different actions including bringing in, transporting or harboring an undocumented person. It also criminalizes inducing and encouraging a person to cross the border illegally. It carries heavy punishment including heavy fines. You could also face a lengthy prison term of over 10 years if there are aggravating factors.

    You potentially face deportation if you’re not a US citizen or denaturalization if you’ve acquired citizenship. But in the U.S., you’re innocent until found guilty by a court of law. As such, Alina Kats and her team at Kats Immigration Law work to defend your rights. They assist in your case with legal services that include:

    >How Do Smuggling Charges Affect My Stay in the U.S.?

    A smuggling conviction has negative impacts, more so if you’re an immigrant. The biggest impact is on your legal status. If you’re a naturalized citizen, you could face denaturalization procedures, after which you’re vulnerable to deportation. If you’re a legal resident, you could be summarily deported.

    Even if you escape these consequences, it will be hard to get employment because of the mark on your background. When faced with these charges, your attorney uses innovative legal avenues to get you the best outcome, including:

    • Strategic defense to protect your legal status, depending on what applies, from a withholding of removal claim to an asylum request to delay or block your deportation
    • Thorough case review for grounds of appeal
    • Expert legal presentation in an appellate court
    • Sentence reduction strategies

    What Should I Do if I’m Accused of Smuggling a Relative?

    Many people bring in and harbor their relatives, ignorant of the serious legal risk they face, even if the person is a close relative like a spouse or sibling. It remains an offense if they came in undocumented. In case you face such a scenario, you should refrain from self-implication.

    Your NYC lawyer at Kats Immigration Law offers prompt and effective legal assistance for such cases. They offer legal services in the entire procedure, including:

    • Protecting your rights. They advise you of your rights as early as possible in the case, including claiming the Fifth Amendment right to avoid self-incrimination.
    • Providing expert legal advice. They are your advocates in all legal proceedings and interactions with the immigration services.
    • Applying for waivers. They look for the best option to excuse your actions and beg for leniency through applicable waiver applications.
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    Can My Child or Sibling Be Deported if I’m Convicted?

    A smuggling indictment touches the accused and the undocumented person they brought in. Your relative will also be in serious legal trouble for crossing the border illegally. Adults face deportation and removal procedures. Minors and other special classes of people may face separation.

    A comprehensive suite of legal services at Kats Immigration Law extends to people associated with a person accused of alien smuggling. They act to delay or block the deportation of your relatives by:

    • Filing for relief. If applicable, they file for withholding of removal or cancellation of removal if your relative is already marked for deportation.
    • Seeking other immigration options. Your relative may be eligible for an adjustment of status.
    • Serving as your advocate. They present arguments on family ties and risk of hardships if deportation happens, referring to asylum criteria if the case warrants it.

    What Legal Defense Can I Put Up against Alien Smuggling Charges?

    Your attorney helps you craft effective defense strategies against smuggling charges. The firm’s strategic approach analyzes the facts in each case to leverage evidence supporting your defense and exploiting any errors on the prosecution side.

    Common defenses are applicable and effective in such cases, depending on the facts of the case. Your attorney can make several defensive claims, including:

    • Violation of rights, arguing that certain rights were violated by excessive law enforcement actions including unlawful search and seizure
    • Entrapment, if law enforcement induced you to commit a crime that you would have otherwise not committed under different circumstances
    • Lack of knowledge. arguing that you weren’t aware you were dealing with undocumented immigrants
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    What Are the Possible Outcomes of My Smuggling Case?

    There are different possible outcomes of a smuggling case depending on the specifics involved, the evidence presented by the prosecution and the legal strategies employed by the defense. Not all cases go to full trial and many end with a plea bargain where you accept a lighter sentence for a reduced charge. The best-case scenario is when all the charges are dropped, while the worst-case scenario is a conviction with jail time.

    Kats Immigration Law approaches each case with recognition of its unique facts and circumstances, using several tactics to achieve the best outcomes, including:

    • Meticulous preparation including a thorough analysis of the prosecution’s case
    • Expert negotiations for a favorable plea bargain if necessary
    • Strong defense strategy if the case goes to trial
    • Sentencing advocacy for a lenient sentence if there is a conviction

    Kats Immigration Law attorneys are your partners in putting up a defense when facing smuggling charges. Contact Kats Immigration Law today to secure your freedom and status in the U.S.

    Kats Immigration Law

    2365 Nostrand Avenue,
    Suites 106, 107,
    Brooklyn, NY 11210
    (973) 626-1177

    Updated on Oct 11, 2024 by Alina Kats (Immigratioon Lawyer) of Kats Immigration Law