How Criminal Charges Can Affect Your Immigration Status

Criminal charges can have a significant impact on your immigration status, affecting your ability to stay in the United States. Whether you are an undocumented immigrant, a lawful permanent resident, or hold another type of visa, a criminal charge can jeopardize your status and lead to severe consequences like deportation. Understanding the link between criminal law and immigration law is crucial for immigrants who find themselves facing legal challenges.

The types of criminal charges you are dealing with can determine the severity of the impact on your immigration status. Some offenses, like minor traffic violations, may have little to no effect, while others, such as drug-related crimes or aggravated felonies, can lead to immediate removal proceedings. It's important to be aware of the specific charges that hold the most risk for your immigration standing.

Aside from the immediate consequences, criminal convictions can have long-term effects on your ability to obtain visas, green cards, or even become a U.S. citizen in the future. Navigating these complexities requires not just understanding the charges but also knowing your rights and available legal defenses. With appropriate legal counsel, you can better manage the situation and explore relief options to protect your status in the United States.

Types of Criminal Charges That Impact Immigration Status

Certain criminal charges can severely affect an immigrant's status in the United States. Understanding these charges helps in recognizing the risks and taking appropriate actions.

• Crimes Involving Moral Turpitude (CIMT): These are offenses that involve dishonesty, fraud, or immoral behavior, such as theft, assault, and certain types of fraud. Being convicted of a CIMT can make an immigrant inadmissible or removable, especially if the crime was committed within five years of entering the U.S.
• Aggravated Felonies: These are severe crimes that carry significant immigration consequences. Examples include murder, rape, drug trafficking, and certain firearm offenses. A conviction for an aggravated felony can lead to deportation without the possibility of multiple forms of relief, such as asylum or cancellation of removal.
• Controlled Substance Violations: Any conviction related to illegal drugs can have a direct impact on immigration status. Even possession of a small amount of a controlled substance can lead to removal proceedings and bars on reentry.
• Domestic Violence and Child Abuse: Convictions involving domestic violence, child abuse, neglect, or abandonment can result in deportation and prevent an immigrant from obtaining a green card or other immigration benefits.

Immediate Consequences of Criminal Charges on Immigrants

Criminal charges can lead to immediate consequences for immigrants, affecting their legal status and potentially leading to removal proceedings.

• Detention: Upon arrest or conviction, immigrants may be detained by Immigration and Customs Enforcement (ICE). Detention can occur even if the criminal offense is minor, and release can be challenging without proper legal representation.
• Initiation of Removal Proceedings: A criminal charge or conviction can prompt the initiation of removal proceedings. This means an immigrant might receive a Notice to Appear (NTA) in immigration court to determine whether they should be deported. The NTA details the charges and the reasons for potential removal.
• Loss of Immigration Benefits: Criminal charges can jeopardize pending immigration applications. For example, if someone is applying for a green card or visa, an ongoing criminal case might result in the denial of their application. Additionally, individuals on temporary visas could have their visas revoked.
• Travel Restrictions: Immigrants facing criminal charges may encounter travel restrictions. Leaving the U.S. while charges are pending can result in being barred from reentry. It’s crucial to understand these restrictions to prevent unintended consequences.

Understanding the immediate consequences of criminal charges ensures that immigrants take prompt actions to protect their status and seek appropriate legal guidance to navigate the complexities of the U.S. immigration system.

Long-Term Effects of Criminal Convictions on Immigration Status

Criminal convictions can have lasting impacts on an immigrant's future in the United States. It’s essential to understand how these long-term effects can shape one’s ability to remain in or return to the country.

• Deportation: One of the most severe consequences is deportation. Convictions for aggravated felonies, crimes involving moral turpitude, and drug-related offenses can lead to mandatory removal from the U.S. Deportation can result in permanent separation from family members and the community.
• Bars to Reentry: After deportation, individuals may face bars to reentry, preventing them from returning to the U.S. for several years or even permanently. For some offenses, it’s nearly impossible to obtain a waiver to return.
• Ineligibility for Immigration Benefits: Criminal convictions can make immigrants ineligible for various immigration benefits, such as green cards, citizenship, and asylum. For instance, having an aggravated felony conviction makes it virtually impossible to become a U.S. citizen. Even less severe crimes can disqualify individuals from obtaining or renewing visas.
• Difficulty in Adjusting Status: Those with criminal histories may find it exceedingly difficult to adjust their status to lawful permanent residence, even if they meet other eligibility criteria. A criminal conviction paints a negative picture that impacts the individual’s ability to stay in good standing with immigration authorities.

Legal Defenses and Relief Options for Immigrants Facing Charges

When facing criminal charges, immigrants must act swiftly to explore legal defenses and relief options. Here are some key strategies that can help.

• Post-Conviction Relief: In some cases, it’s possible to appeal a conviction or seek post-conviction relief, such as vacating the conviction if it can be shown that the conviction was unlawful or that legal errors occurred during the trial. By doing so, the immigrant may be able to eliminate the immigration consequences tied to the conviction.
• Plea Bargaining: Negotiating plea deals can sometimes minimize the immigration effects of a criminal charge. For example, a plea to a lesser offense that doesn’t trigger removal proceedings can be negotiated. It’s crucial to have a legal representative who understands both criminal and immigration law to advise on the best strategy.
• Cancellation of Removal: Certain immigrants in removal proceedings can apply for cancellation of removal. This form of relief requires proof of continuous residence in the U.S., good moral character, and the fact that removal would result in exceptional hardship to a qualifying relative.
• Asylum and Withholding of Removal: Immigrants who fear persecution in their home countries may apply for asylum or withholding of removal. Although criminal convictions can complicate these applications, favorable outcomes are possible with a robust defense and compelling evidence.
• Deferred Action: In some situations, immigrants can seek deferred action, which, while not providing a legal status, delays removal and allows the individual to remain in the U.S. temporarily.

Crime and Immigration: Understanding the Consequences

Navigating the complex intersection of criminal charges and immigration status can be challenging. It’s imperative to understand the types of criminal charges that impact immigration status, the immediate and long-term consequences of these charges, and the legal defenses and relief options available. Proactive steps and informed decision-making can significantly influence the outcome of an immigrant’s case.

At Novo Legal, we specialize in guiding immigrants through these complicated circumstances. Our experienced team is dedicated to helping you understand your options and fight for your rights. If you or a loved one is facing criminal charges that could affect immigration status, contact our criminal defense lawyers in Denver, Co, today for a consultation. Let us provide the expert support you need to navigate this difficult journey!