When facing criminal charges as a non-citizen, one of your most pressing concerns may be the impact these charges will have on your immigration status. While a criminal conviction can be troubling for anyone, the consequences for immigrants are often more severe. In the United States, non-citizens face the risk of deportation if convicted of certain crimes, and in some cases, a criminal conviction can lead to the revocation of a visa, permanent residency, or even a denial of entry into the country.

It’s critical to understand that criminal charges may not only affect your current status but could jeopardize your ability to remain in the U.S. permanently. Whether you’re on a temporary visa or have permanent residency (a Green Card), your immigration status is always at risk. In this blog, we’ll explain the connection between criminal convictions and immigration status, what crimes pose the most risk, and how having the right legal counsel can make a significant difference in minimizing these consequences.

The Link Between Criminal Convictions and Immigration Status

For non-citizens, immigration status is not a permanent right, and it can be altered or revoked at any time. If a non-citizen is arrested and convicted of a crime, it may trigger a series of legal processes that could affect their ability to remain in the U.S. This is particularly true for those who are on temporary visas or have lawful permanent residency (a Green Card). A criminal conviction could lead to deportation or the denial of entry if the individual travels outside the country.

The two primary types of crimes that can impact immigration status are:

Aggravated Felonies

These are serious crimes that carry the potential for severe immigration consequences, such as deportation. Crimes like murder, rape, and certain types of theft are classified as aggravated felonies under U.S. immigration law. However, the definition of an aggravated felony is not limited to just felonies as defined in state law. For example, a crime classified as a misdemeanor in state court may still be considered an aggravated felony for immigration purposes.

What makes aggravated felonies especially concerning is that the punishment for these crimes is severe, and a conviction can lead to automatic deportation. In some cases, individuals convicted of aggravated felonies may be permanently barred from re-entering the U.S.

Crimes of Moral Turpitude (CMT)

These are crimes that involve dishonesty or immoral behavior, such as fraud, theft, and certain violent crimes. While crimes of moral turpitude may not always lead to deportation, they can have serious consequences, including visa denials and being barred from entering the U.S. in the future. Crimes like domestic violence, sexual abuse, and certain types of theft often fall under the umbrella of moral turpitude.

Even if the crime is not as severe as an aggravated felony, being convicted of a crime of moral turpitude can still have a significant impact on an individual’s immigration status. Non-citizens convicted of these crimes may face lengthy delays in immigration proceedings, be denied re-entry, or be unable to obtain future immigration benefits such as permanent residency or citizenship.

Understanding Immigration Holds and ICE

When a non-citizen is arrested, law enforcement may place a hold on them for immigration authorities, specifically U.S. Immigration and Customs Enforcement (ICE). An ICE hold is a request for local authorities to notify ICE before the individual is released from custody. In some cases, ICE may take the individual into custody immediately after their release and begin the process of deportation.

If ICE places a hold on you after an arrest, it’s critical to understand that the situation may escalate quickly. You may face additional hearings, immigration proceedings, and even the risk of deportation, depending on the nature of the criminal charge and your immigration status. In some cases, ICE may decide to release you while the case is pending, but a hold can make your situation more complicated.

ICE holds are especially concerning because they can prevent individuals from returning to their home country or from being reunited with family members. Moreover, the legal process can become much more complicated and costly if ICE places a hold on you. In some situations, ICE may initiate deportation proceedings immediately, which could delay your ability to resolve your criminal case.

Why You Need an Attorney in Both Criminal and Immigration Law

One of the most important things to consider when facing criminal charges that may affect your immigration status is finding the right attorney. While criminal defense attorneys are skilled at defending clients against criminal charges, they may not always be familiar with the immigration consequences of certain crimes. This is why it’s essential to hire an attorney who is knowledgeable in both criminal law and immigration law.

A lawyer with knowledge in both areas will understand the potential immigration consequences of a criminal conviction and will work to minimize the risks of deportation or status revocation. They can advise you on plea deals, motions to dismiss, or other strategies that could help you avoid a conviction or reduce the charges. Moreover, they will work to ensure that your immigration status is protected throughout the process, preventing any unintended consequences that could affect your future in the United States.

Your attorney will also ensure that the criminal court does not make decisions that negatively impact your immigration status. While criminal defense courts do not typically inquire about a person’s immigration status, a qualified attorney will take extra precautions to safeguard your future by avoiding any charges or pleas that could trigger immigration issues.

What Can You Do to Protect Yourself?

If you’re facing criminal charges and are concerned about the impact on your immigration status, the first thing you should do is contact a lawyer who specializes in both criminal defense and immigration law. Your lawyer will review the charges against you, the potential consequences for your immigration status, and any options you may have for avoiding a conviction.

There are steps that can be taken to protect your immigration status during the criminal process, such as:

Negotiating Plea Deals

In some cases, your lawyer may be able to negotiate a plea deal that results in a conviction for a lesser charge, which may have less impact on your immigration status. This can be a critical strategy to minimize the consequences of your criminal case while safeguarding your immigration future.

Motion to Dismiss

If the evidence against you is weak or the case against you is flawed, your lawyer may file a motion to dismiss the charges entirely, protecting your immigration status. A successful motion to dismiss can not only relieve you of the criminal charge but also help prevent any immigration consequences from arising.

Avoiding Crimes of Moral Turpitude

If possible, your lawyer will help you avoid pleading to a crime that is classified as a crime of moral turpitude, as these crimes can have severe immigration consequences. Even minor charges can lead to significant complications in your immigration case, so it’s important to seek legal counsel that can help you navigate these challenges.

Next Steps

Criminal charges can have devastating consequences for non-citizens, especially when they are linked to deportation or the revocation of immigration status. If you’re facing criminal charges and have concerns about your immigration status, it’s crucial to seek legal advice from an attorney with experience in both criminal defense and immigration law. By taking the right steps early on, you can protect your rights, your immigration status, and your future in the United States.

The consequences of a criminal conviction can be life-altering, and when those consequences are compounded by the possibility of deportation, the stakes are even higher. Your future in the U.S. is on the line, and hiring the right attorney can make all the difference.