Beware: Even if you accept a nolo plea, you can be deported.

Two years ago, a successful college student, who has been invited to attend Harvard Medical School, who had never been arrested before, was arrested for taking merchandise from a local store. His brush with the criminal justice system proved a total nightmare.

He thought he was getting the deal of a lifetime–probation–only to discover two years later that he was subject to deportation because he had entered a no contest plea.

He came to my office and asked me to help him figure out how to convince the Department of Homeland Security to allow him to stay in the United States. Not an easy task.

The first hurdle we had to overcome was setting aside the plea. The law is now clear that he had to prove that a procedural or substantive error was committed during his plea. Because of the efforts of the prosecutor, and a number of criminal defense lawyers who assisted me in this task, we prevailed.

In immigration Court he was allowed to remain in the U.S. to pursue his dream of becoming a doctor. His baby son, an American citizen, will not have to be without his father.

If you are a resident, and are not an American citizen, and are facing criminal charges, please, please, consult with an immigration and/or criminal defense attorney who knows the immigration laws of our country. Do not let your attorney tell you that Immigration will never find out, because, they will, and you too can face the nightmare of your life.

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