Immigration Consequences of a Criminal Conviction

A criminal conviction can have significant consequences on your immigration status. Understanding the relationship between criminal law and immigration law is crucial for non-citizens facing these legal challenges. 

If you find yourself in this situation, the best step you can take is to reach out to a criminal defense attorney as soon as possible. 

Potential Immigration Consequences You Could Face If Convicted of a Crime

Potential Immigration Consequences You Could Face If Convicted of a Crime

Below are some of the most common immigration consequences of a criminal conviction:

Deportation and Removal

Certain criminal convictions can lead to a non-citizen being deported or removed from the United States. Serious offenses like drug trafficking and murder are examples of crimes that can trigger removal proceedings, forcing individuals to leave the country.

Inadmissibility

A criminal record can make someone inadmissible to the United States. That means they cannot legally enter the country, adjust their status to become a permanent resident (green card holder), or obtain specific visas needed for staying in the U.S.

Denial of Citizenship

Having a criminal conviction can interfere with the ability to qualify for U.S. citizenship. Convictions may prevent individuals from meeting the “good moral character” requirement necessary during the naturalization process.

Loss of Lawful Permanent Resident Status

Green card holders who are convicted of certain crimes, such as aggravated felonies, may lose their permanent residency status. This can lead to their deportation and separation from their families.

Detention

Non-citizens with criminal convictions might be held in detention by Immigration and Customs Enforcement (ICE) while their removal proceedings are ongoing. This means they could be confined while their case is being decided.

Bars to Relief from Removal

A criminal conviction can disqualify individuals from obtaining certain forms of immigration relief. Options like cancellation of removal, asylum, withholding of removal, and voluntary departure may be unavailable to those with specific criminal backgrounds.

Denial of Immigration Benefits

Convictions can result in the refusal of various immigration benefits. This includes work permits (Employment Authorization Documents), travel documents, and renewals of green cards, making it harder to live and work legally in the U.S.

Future Travel Restrictions

Having a criminal record can make international travel difficult. Even lawful residents may face challenges re-entering the United States if they have convictions that are flagged during border checks.

Permanent Ban on Re-Entry

For certain serious offenses, such as drug trafficking or human smuggling, individuals may face a lifetime ban from entering the United States. This means they cannot return to the country under any circumstances after being removed.

Impact on Family Members

When the primary visa holder is convicted of a crime, their family members, including spouses and children who depend on their visa, might also lose their immigration status. This can lead to the entire family being separated and facing legal uncertainties.

A criminal conviction can have far-reaching effects on your immigration status and future in the United States. Understanding these consequences is crucial for taking the right steps to protect your rights.

What Crimes Could Lead to Deportation?

Understanding which criminal convictions can result in non-citizens being deported from the United States is essential for protecting your immigration status and seeking appropriate legal assistance. While it can vary a bit, the most common crimes that can lead to these serious consequences include the following: 

Aggravated Felonies

Aggravated felonies are serious offenses that carry significant immigration consequences. Examples include:

These crimes typically involve severe harm to individuals or society and can lead to immediate deportation proceedings. 

Crimes Involving Moral Turpitude

Crimes of moral turpitude (CMTs) involve actions that violate societal standards of justice, honesty, or good morals. Examples include:

CMTs are considered offenses that demonstrate a lack of moral integrity and can affect an individual’s eligibility to remain in the country. While not all CMTs lead to deportation, they can trigger removal proceedings.

What to Do If You’re a Non-Citizen Facing Criminal Charges

Facing criminal charges is challenging for anyone, but for non-citizen defendants, the situation can be even more complex due to the potential impact on immigration status. Understanding your options and taking the right steps is crucial to protecting both your legal and immigration rights. 

Here’s how you can navigate this difficult time:

Consult Both a Criminal Defense and Immigration Lawyer

When dealing with criminal charges as a non-citizen, it’s essential to seek advice from both a criminal defense attorney and an immigration lawyer. 

A criminal defense lawyer will help you build a strong case to address the charges against you, while an immigration attorney can guide you on how these charges may affect your immigration status. 

Working with both types of attorneys ensures that all aspects of your situation are handled appropriately. This reduces the risk of unintended consequences that could jeopardize your ability to stay in the country.

Consider Strategies to Minimize Immigration Consequences

To protect your immigration status while addressing criminal charges, consider the following strategies:

Negotiating Plea Deals

Instead of contesting the charge, sometimes, negotiating plea deals can be beneficial. 

This might involve pleading guilty to a lesser offense in exchange for more lenient sentencing. 

Your lawyer can also work with prosecutors to modify the wording of your plea agreement in ways that reduce the impact on your immigration status. For instance, they might negotiate to use more general language regarding the quantity or specific type of drugs involved in a charge. 

By keeping certain details vague, your attorney can help prevent the offense from being classified as deportable under immigration laws. 

Avoiding Convictions for Deportable Offenses

Certain crimes are considered deportable offenses under immigration law. By working closely with your attorney, you can aim to avoid convictions for these serious charges. This might involve challenging the evidence against you or seeking dismissals where appropriate, preventing severe immigration consequences.

Seeking Post-Conviction Relief When Applicable

If you have already been convicted, there may still be options to reduce the immigration impact of your conviction. Post-conviction relief can include filing for appeals, seeking pardons, or exploring other legal remedies that might alleviate the negative effects of your criminal record on your immigration status.

A Lexington Criminal Defense Lawyer Can Help You Minimize Immigration Consequences 

Facing criminal charges as a non-citizen is a serious and complex issue that requires specialized legal assistance. For help, contact the Suhre & Associates DUI and Criminal Defense Lawyers today at (859) 569-4014 to schedule a free consultation with a Lexington criminal defense lawyer.