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Importance of Hiring a Criminal Lawyer and Immigration Consequences

Importance of Hiring a Criminal Lawyer and Immigration Consequences

Importance of Hiring a Criminal Lawyer and Immigration Consequences

If you are an immigrant in Canada and have been arrested, it is important to consult with a criminal lawyer as soon as possible. A criminal lawyer can help protect your rights and may be able to get the charges against you reduced or dropped altogether. In addition, if you are convicted of a crime, you may face immigration consequences. This blog post will discuss the importance of hiring a criminal lawyer and the potential immigration consequences of criminal convictions.

Consequences of Criminal Conviction

Criminal convictions can have very serious, long-term consequences for immigrants.  If you are convicted of a crime, you may be deported from Canada. You may also be barred from returning to Canada, even if you have family here. Even if you are not deported or barred from returning to Canada, a criminal conviction can make it very difficult to find employment or housing. If you are an immigrant who has been arrested, it is important to consult with a criminal lawyer as soon as possible.

Hiring a Criminal Lawyer

A criminal lawyer can help protect your rights and may be able to get the charges against you reduced or dropped altogether. In addition, a criminal lawyer can advise you of the potential immigration consequences of a criminal conviction and can help you make informed decisions about your case. A local criminal lawyer such as Kahlon Law can help you navigate the criminal justice system and protect your rights.

IRPA

The Immigration and Refugee Protection Act (IRPA) is the main piece of legislation governing immigration in Canada. The IRPA sets out the grounds on which a foreign national or permanent resident can be deemed inadmissible to Canada.

Under the Immigration and Refugee Protection Act (IRPA), there are two types of criminal inadmissibility: (a) serious criminality [S.36(1)] and (b) criminality [S.36(2)]. Only foreign nationals are subject to the criminality ground (e.g., temporary workers, students, and visitors). The serious criminality ground, on the other hand, is applicable to both foreign nationals and permanent residents. Hybrid offences are deemed to be indictable for immigration purposes, irrespective of whether the Crown proceeds summarily or by indictment.

The term “convicted” is used to imply that a conviction must be obtained beforehand. As a result, non-conviction dispositions will not result in inadmissibility. The Immigration Division will not find a foreign national or permanent resident inadmissible solely on the basis of an unproven criminal allegation.

The criminal inadmissibility provisions under the Immigration and Refugee Protection Act (IRPA) are complex. If you are facing criminal charges, it is important to consult with a lawyer as soon as possible. A criminal lawyer will help you navigate the criminal justice system and protect your rights. If you are facing criminal charges, it is important to consult with a criminal lawyer as soon as possible.


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