Criminal Immigration Defense

Crimmigration is a term that defined the interaction between criminal and immigration laws. Federal laws regulate the rights of non-citizens to enter and remain in the United States. Immigrants that are found in violation of immigration law are subject to forcible removal from the country. One of the most common immigration violations is to be convicted of certain crimes.

The definition of “crime of moral turpitude (“CIMT”) is very broad and vague. Generally speaking, a criminal statute involves moral turpitude if it involves “reprehensible conduct” committed with some form of “scienter”—that is, with a culpable mental state, such as specific intent, deliberateness, willfulness, or recklessness.

In the context of crimmigration, the term “aggravated felony” refers to a large category of criminal offenses that involve violence, fraud, possession of weapons or controlled substance, and most sexual offenses. A conviction to an aggravated felony carries the most severe consequences for any non-citizen. Even some minor crimes may come in for harsh treatment by the immigration system if they match the description of aggravated felony.

Aggravated felonies are described by 8 USC § 1101(a)(43), and include serious offenses such as:

  • Murder;
  • Sexual abuse of a minor;
  • Drug trafficking;
  • Firearms trafficking;
  • Arson;
  • Racketeering;
  • Money laundering;
  • Fraud or tax evasion;
  • Theft or violent crime with a sentence order of one year or more.

If you are a non-citizen and have been charged with a criminal offense, you need to speak to an attorney with experience in criminal immigration matters. Most criminal cases are resolved with a guilty plea, but negotiating a plea agreement that avoids (or minimizes) immigration consequences is crucial for your future in this country.

A serious conviction can render a lawful permanent resident deportable even after a lifetime spent in the United States. An undocumented immigrant convicted of a crime of moral turpitude or a crime related to a controlled substance might never get a Green Card even through marriage to a U.S. citizen.


I am here to help you: call me at 212-566-3572


I am admitted to practice in New York and New Jersey, included the Federal Court of Appeals for the First, Second, Third and Eleventh Circuit. I am also admitted to the U.S. Supreme Court.

Immigration Law

I have experience with complex crimmigration, deportation and waiver cases, including immigration and Federal appeals. I have handled:

  • Cases involving convictions for aggravated felonies;
  • Cases involving convictions for controlled dangerous substances;
  • Cases involving marriage fraud;
  • Motions to vacate a criminal judgment under New York CPL § 440.10;
  • Habeas Corpus petitions;
  • Coram Nobis petitions;
  • BIA appeals;
  • AAO Appeals;
  • Federal Appeals, including petitions for review.

In a recent case, I successfully argued that a conviction for “Conspiracy to violate Narcotics Laws” under N.J.S.A. § 2C:5-2 is NOT a crime “related to a controlled substance”. Read the Court opinion.
In another case, I filed a 440.10 motion to vacate a marijuana conviction and was then able to convince the State prosecutor to enter into a joint stipulation. Read the Court order.
If you retain me as your attorney, I will do anything possible for you to win your deportation case and remain in the United States.

Criminal defense

I have handled dozens of criminal cases, both in State and Federal Court, including cases involving:

  • Passport fraud;
  • Illegal reentry;
  • Aggravated assault;
  • Unlawful possession of a weapon;
  • Computer intrusion;
  • Computer fraud;
  • Wire Fraud;
  • Money Laundering;
  • Attempted murder.

In a recent high profile case, I obtained a NOT GUILTY verdict on all felony charges for a client accused of setting up and running a botnet of 140,000 computers around the world.

Wall Street Journal, page 3, July 24, 2017

Verdict sheet

Contact me

For a free initial consultation on your criminal immigration case, please send me a message or call me at 212-566-3572.


Testimonials

  • An Exceptional Lawyer!

    Mr. Bertollini represented one of my close family members in a complex and intricate immigration case. With his expertise and experience, not only was able to get my family member released from ICE custody in a very short period of time, he ultimately was able to get the case dismissed after the first hearing, and now they're on their way to citizenship. He is reasonable, diligent, proactive and above all, extremely knowledgeable; he showed a level care and effort I have not experienced in dealing with other lawyers. The timely updates on the case alone gave us a great deal of confidence, and afforded us peace of mind at a time where my family and friends needed it the most. I can't say enough good things about my experience with him; his unrelenting approach and passion are only surpassed by his results! We are exceedingly appreciative of Mr. Bertollini
    Julian Pereira
  • Best Immigration Attorney

    Simone Bertollini is very respectful, responsible, and punctual. Bertollini was able to help me obtain my citizenship after I was denied three times and was threatened to have my green card taken away. Whenever I called he always answered tended to my situation. Bertollini is amazing both professionally and as a person.
    Jose Terrero
  • The Best Immigration Attorney of Manhattan

    I was looking for a one-step chance to resolve this petition. I requested knowledge in a given field of a given jurisdiction. One awesome person in whom, I definitely trust. The Attorney Simone Bertollini has exceptional competence and extraordinary abilities in writing compelling legal arguments in Federal Court. He successfully filed my WOM petition and settled the case with such ability that only a brilliant attorney could easily perform. Excellent qualities distinguish his personality he is trustworthy and outstanding. I never doubted reaching my goal with him. I strongly recommend Simone Bertollini for his high degree of duty, moral integrity and efficient performance. You will be extremely pleased to have retained the legal services of the best immigration Attorney of Manhattan. Thank you Simone.
    Annalisa
  • Saved my skin

    Mr. Bertollini saved my life. Knowing him for only short 5 months, I have not only gained an attorney, but he gained a life long friend in me. I got arrested by FBI, ICE, and Homeland security, and nobody wanted to represent me because of the complexity of my case. Mr. Bertollini not only agreed to provide me legal counsel at the reasonable price, but he managed to get my case dismissed without any repercussions. As I already mentioned, his rate was fair, he was available to me 24/7, and anyone in need of an excellent immigration and criminal lawyer should definitely give Mr. Bertollini a call.
    Srdjan
  • Relentless lawyer!

    Simone assisted me to get a non-resident working VISA for a very specific situation that apparently did not fit with the standard VISA requirements. Other lawyers gave up, but Simone found the right way to reach the goal. Absolutely recommended.
    Marco
  • Simone won the FIRST TRIAL of click fraud and saved my life

    My case was a bit special, Computer hacking, so it was a very difficult case for any lawyer because it required advanced computer skills. I had contacted many lawyers, Americans, Italians, and everyone had confused ideas. After I contacted Simone, I had good feeling, I found him very prepared and reassuring and his fee was reasonable. I risked up to 70 years in prison. Simone saved my life by winning the FIRST CLICK FRAUD TRIAL in the United States. Before trial he was always present by email to discuss the case, he came to visit me in jail on WEEKENDS, which other lawyers do not do. It was available 24/7 for me. He managed to convince the judge to give me access to the discovery with a private computer in a private room inside the detention center; no one has this chance. During the 2-week trial, he was able to destroy the testimony of more than 10 experts from the US government, Italian authorities, and others. Beating the government is virtually impossible given the resources they have. The government had infinite resources and were in 2 prosecutors ,1 FBI SPECIAL agent, another lawyer, and a host of young lawyers. The judge was in favor of the government, and did not let SIMONE the counter-test of the government testify, With all these injustices he managed to win the TRIAL! After the closing argument of the prosecutor, I really thought I was going to be found guilty, but after SIMONE delivered his closing, everything changed, the jury seemed to be convinced and nodded. His powerful and loud speech lasted almost 2 hours; it was professional, truthful and very confident. At the end of the trial the outcome was >>>>> NOT GUILTY of the 5 felony charges. Now I am writing from my home in Italy, I’m freedom 🙂 If you have to entrust your life to someone, call SIMONE BERTOLLINI
    Fabio Gasperini