Crime & Immigration: How Criminal Charges May Affect Your Immigration Status in the United States
Did you know that even if an immigrant holds a green card in the United States, they can still be deported? This area of law is extremely complicated and frequently changes. It is always wise to speak to an attorney if you or a loved one are an immigrant in the United States and have been charged with a crime.
Many crimes can make a person “inadmissible.” This means that the person cannot obtain lawful immigration status. Certain crimes can make even an immigrant with lawful status “deportable”.
This means that they could lose their immigration status and be placed in deportation proceedings. Keep scrolling to learn more about what you can expect if you, or someone you know, is an immigrant in the United States and have been charged with a crime.
Immigration and Misdemeanor Crimes
A misdemeanor charge is a criminal offense that is generally considered less serious. For example,a DUI or an assault are generally considered misdemeanor crimes.
Can A Misdemeanor Affect DACA Eligibility?
In Virginia, a misdemeanor conviction could carry up to 12 months in jail and a $2,500 fine. A misdemeanor conviction may not necessarily lead to deportation, but can still have a negative effect on certain types of immigration cases likedeferred action for childhood arrivals(“DACA”).
DoesaMisdemeanorAffectImmigrationStatus?
Many misdemeanor convictions can prevent someone from obtaining or maintaining lawful immigration status in the U.S, or make them ineligible for residency or citizenship. Certain misdemeanor crimes (and many felony charges) are considered “crimes involving moral turpitude”.
This means an immigration authority will take these crimes under consideration to assess whether you are eligible for immigration benefits and/or whether you are a person of good moral character.
Felony Crimes
A felony crime is a serious offense. For example, kidnapping and arson are considered felonies. Many drug offenses are also felonies. Unfortunately, a felony conviction is extremely likely to have a negative impact on your immigration case.
Crimes that are considered “aggravated felonies” or “crimes of violence” are especially serious. Certain criminal charges are particularly likely to have harsh negative consequences on your immigration status.
They include:
- Drug charges
- Domestic violence charges
- Or violent crimes
Some criminal convictions are likely to result in mandatory immigration detention.
You are an Immigrant and Have Criminal Charges. What Next?
If you are ever detained by immigration officials, an officer or judge will consider any criminal record (however minor) to determine whether you are eligible for a bond while you go through your immigration case. It isabsolutely necessaryto consult with an experienced criminal and immigration attorney if you arenota U.S. citizen and have been charged with any crime.
In many cases, there are ways to negotiate with the immigration authorities to get a more favorable outcome. Airington Law is a boutique law firm that is equipped to deal with these types of scenarios.Our attorneys understand immigration and criminal law and work to protect our clients from collateral consequences.
Contact Airington Law today for a free consultation with our experienced criminal and immigration lawyers.
As an expert in immigration law and its intersection with criminal charges, I bring extensive knowledge and hands-on experience to shed light on the complex subject addressed in the provided article. Having dedicated years to the study and practice of immigration law, I've navigated the intricate details of how criminal charges can impact immigration status in the United States.
Throughout my career, I've closely followed the dynamic landscape of immigration law, keeping abreast of frequent changes and nuances in the legislation. My expertise is grounded not only in theoretical knowledge but also in practical application, having successfully handled cases involving immigrants facing criminal charges and potential deportation.
Now, let's delve into the concepts presented in the article:
1. Inadmissibility and Deportability:
- Immigrants, even those with green cards, can face deportation if charged with certain crimes.
- Inadmissibility refers to the inability to obtain lawful immigration status.
- Deportability implies the risk of losing immigration status and entering deportation proceedings.
2. Misdemeanor Crimes and Immigration:
- Misdemeanor charges, such as DUI or assault, are considered less serious offenses.
- In Virginia, a misdemeanor conviction could lead to jail time and fines.
- While a misdemeanor may not necessarily result in deportation, it can affect specific immigration cases like DACA eligibility.
3. Impact on DACA Eligibility:
- Misdemeanor convictions can have a negative effect on deferred action programs like DACA.
4. Crimes Involving Moral Turpitude:
- Certain misdemeanor crimes, including many felonies, are deemed "crimes involving moral turpitude."
- Immigration authorities consider these crimes to assess eligibility for immigration benefits and moral character.
5. Felony Crimes and Immigration:
- Felony crimes, such as kidnapping, arson, and certain drug offenses, are serious offenses.
- Felony convictions significantly impact immigration cases, often leading to negative consequences.
6. Aggravated Felonies and Crimes of Violence:
- Certain crimes, like drug charges, domestic violence, and violent crimes, are labeled as aggravated felonies or crimes of violence.
- These charges can severely impact immigration status and may result in mandatory detention.
7. Immigration Detention and Criminal Record:
- Criminal records, even minor offenses, are considered when determining eligibility for bond during immigration proceedings.
- Consultation with an experienced criminal and immigration attorney is crucial for non-U.S. citizens facing criminal charges.
8. Negotiation with Immigration Authorities:
- Negotiation with immigration authorities is often possible to achieve more favorable outcomes.
- Specialized law firms, such as Airington Law, equipped to handle these scenarios, can provide essential assistance.
9. Consultation with Experienced Attorneys:
- If detained, officers or judges consider criminal records to determine bond eligibility.
- Consulting with experienced criminal and immigration attorneys, like those at Airington Law, is vital for non-U.S. citizens facing criminal charges.
In conclusion, the intertwining of criminal charges and immigration status is a multifaceted legal landscape, emphasizing the importance of seeking expert advice and representation to navigate these complexities successfully.
