For United States citizens, the greatest fear of a conviction is spending time behind bars and hefty fines. However, as an immigrant, you have an added fear of the impact your conviction will have on your immigration status. The most severe immigration consequences you can face after a conviction in California include deportation and inadmissibility.
Being inadmissible in the United States means you cannot reenter the country once you depart. Additionally, you cannot receive any assistance from Immigration and Customs Enforcement while residing in the country.
Not all criminal convictions will render you inadmissible. Inadmissibility is common after a conviction for a crime of moral turpitude, a violent felony, a drug crime, or a crime against humanity. For most of these offenses, inadmissibility is only imposed after your conviction.
Therefore, you must be aggressive to fight the charges and avoid a conviction. Seeking legal guidance is a critical part of avoiding inadmissibility. Your choice of immigration attorney could significantly affect the outcome of your criminal case and immigration status.
The following crimes will make you inadmissible to the U.S.:
Crimes of Moral Turpitude
Under California law, crimes of moral turpitude involve extreme dishonesty or vile and depraved conduct, which could be shocking for a reasonable individual. Common crimes of moral turpitude that will have a devastating impact on your immigration status include:
Burglary, California Penal Code 459
Under California PC 459, burglary involves entering a locked commercial or residential property intending to commit a theft offense or another felony. You will be found guilty of violating burglary laws if the prosecution can prove these elements of your crime:
- You entered a locked building or a room within a building. Under PC 459, entry to a building does not need to be forced for you to be found liable for the offense.
- You entered the building without consent from the owner. For most theft offenses, the element of consent is critical. Your actions are considered criminal if you did not have consent from the owner of the building.
- You entered the building intending to commit felony theft or another felony offense. A theft crime would be considered a felony if the value of the items you intended to steal was $950 or more.
There is no requirement that you have accomplished your intent for you to be charged with burglary. If you entered the structure and your intent was clear, you will be charged and convicted under PC 459.
Burglary can be charged in the first or second degree, depending on the area you entered. You will be charged with first-degree burglary for entering a residential building and second-degree burglary for entering a commercial building. In addition to facing severe legal consequences, a conviction for burglary can result in inadmissibility.
Arson, California Penal Code 451
California PC 451 makes it a crime to set fire to a building, property, or forest land. The prosecution must prove these elements to establish your liability under this statute:
- You burned or set fire to a building or structure. Burning property means that you caused damage to the property through fire. A simple act such as charring wood is sufficient to secure a conviction under this statute.
- Your actions were willful and malicious. Under this statute, your actions are willful if you started the fire intentionally. On the other hand, a malicious act is committed with the unlawful intent to annoy, defraud, or injure another person.
You do not need to burn another person’s property to be charged with arson. You can be charged with this offense for burning your property for insurance purposes. Arson is a felony that will not only see you spend a lengthy time in prison but also cause serious immigration consequences like inadmissibility.
Rape, California Penal Code 261
California PC 261 defines rape as non-consensual sexual intercourse accomplished by fear, force, or violence. Rape is one of the most serious sex offenses and has the following elements:
- You engaged in sexual intercourse with another person. For rape, sexual intercourse means penetration between the penis of another person and the vagina of another person.
- The other person did not consent. Engaging in sexual intercourse becomes a crime when one involved does not consent to the act. Under California law, some individuals lack enough mental capacity to understand the nature of a sexual act. Therefore, you could be charged with rape for sexual intercourse with these individuals.
- You used force, fear, or threats. The prosecution must prove that you committed the criminal act using force, fear, or violence to subdue the victim's will.
Rape is always charged as a felony. As a crime of moral turpitude, a violation of PC 261 can cause you to be deported. Non-residents with a rape conviction cannot be admissible in the United States.
Robbery, California Penal Code 211
California PC 211 defines robbery as using force, violence, or threats to take property directly from another person. The elements of robbery under PC 211 include:
- You took another person’s property.
- The property was in the victim’s immediate possession.
- You took the property against the other person’s will.
- You used force or violence to prevent the other person from resisting.
- You acted to permanently or temporarily deprive the owner of the property’s use.
Robbery can be charged in the first or second degree, depending on the circumstances of your case. You will be charged in the first degree when a robbery occurs in an inhabited home or immediately after the victim uses the ATM. Other forms of robbery will be considered second-degree crimes. Robbery is a felony that can see you spend up to nine years in state prison.
Murder, Penal Code 187
You can be arrested and charged with murder for the unlawful killing of another person with malicious intent. One of the elements that the prosecution must prove when you’re charged with murder is that you engaged in the unlawful killing of another person. Murder can be charged in the first or second degree, depending on the circumstances of your case.
If your actions against another person were premeditated, you lay in wait, or you killed another person while committing a felony, you will be charged with first-degree murder. Other forms of killing will fall under second-degree murder. Murder is one of the most serious offenses you can charge. The prosecution must prove these elements to establish your liability under Penal Code 187:
- You caused the death of another person or fetus.
- You acted with malice as an afterthought.
- You can be a diligent victim without a lawful justification.
A murder conviction can see you spend between 25 and life in prison. For first-degree murder or capital murder, you could be sentenced to death.
Failure to Register as a Sex Offender
If you are convicted of a sex offense like rape, lewd conduct with a child, oral copulation, or other serious sex offenses, you must register as a sex offender. Entering the sex offender registry means you will provide your contact details to law enforcement officers and update them when you move to a new location.
Like your criminal record, the sex offender registry is a public record. This can have severe collateral consequences for your life. Unfortunately, registering as a sex offender is mandatory after certain sex crime convictions. Failure to register or update your status can result in an arrest and charges under California PC 290.
The penalties for failing to register as a sex offender will vary depending on the nature of the underlying sex offense. Although a violation of PC 290 on its own will not result in automatic inadmissibility, you could be rendered inadmissible if your underlying sex offense falls under crimes of moral turpitude.
You will be found inadmissible in the United States if you are convicted of a crime of moral turpitude or admit the elements of the crime. Following your conviction, you will not be able to apply for an adjustment of status or apply for permanent residence. If you leave the United States with an inadmissibility status, you cannot reenter the country.
If a loved one faces criminal charges for a crime of moral turpitude, you must be aggressive in fighting the charges to avoid adverse immigration consequences.
Drug Crimes
Another category of offenses that can render you inadmissible in the U.S. are other crimes involving controlled substances. California law is stringent when dealing with offenders charged with committing drug crimes. California law defines a controlled substance as any substance whose consumption, possession, purchase, and sale are regulated by the government. The following are common drug offenses that can result in inadmissibility:
Possession of a Controlled Substance
You can be arrested and charged with possessing a controlled substance if you’re found in actual or constructive possession of an illegal drug or prescription medication without a valid prescription. A conviction for possession of a controlled substance will rely on the following elements of the crime:
- You possessed the control substance.
- You knew about the presence of the controlled substance.
- You did not have a valid prescription for the drug.
- You know that nature is a controlled substance.
- The substance was in an unusable amount.
Unless you possess a small amount of marijuana for personal use, possessing other controlled substances can land you in serious legal trouble. In addition to spending time behind bars, your conviction can impact your immigration status.
Sale of a Controlled Substance
California Health and Safety Code 11352 makes it an offense to self-transport, administer, or import a controlled substance. The prosecution must prove you possess the controlled substance before you are found guilty of selling an illegal drug. Additionally, it must be clear that you gave it away, transported it, offered it to another person, or exchanged it for something of value. Transportation or possession of a controlled substance is a serious felony, which could see you spend up to nine years behind bars. The court can also impose hefty fines.
Possession of Drugs with the Intent to Sell
Drug possession with intent to sell is a severe offense charged under California Health and Safety Code 11351. You could be found guilty under this statute if the following elements are clear:
- You purchased or possessed a controlled substance.
- You knew the nature and presence of the drug.
- You possessed enough of the substance to sell it.
- You intended to sell the drug or exchange it for something of value.
Possession of a controlled substance for sale is a felony whose conviction can see you spend up to four years in prison. In addition to these penalties, you could be deported or rendered inadmissible for this offense.
Possession of Drug Paraphernalia
Under California law, drug paraphernalia is any item used to manufacture, sell, or consume a controlled substance. Common items whose possession can result in charges under this statute include roach clips, spoons, bongs, hypodermic needles, and rolling papers. Possession of drug paraphernalia is a misdemeanor that attracts a jail sentence and fines.
As a standalone offense, possessing drug paraphernalia cannot result in inadmissibility. However, if the prosecution can establish a link between possessing paraphernalia and a federal trafficking offense, you’ll be rendered inadmissible for this crime.
Drug Trafficking
Drug trafficking involves moving large quantities of a controlled substance, which could be broken down and sold to other individuals. You can be charged with drug trafficking if you’re a supplier, manufacturer, or transporter of the controlled substance. If you move drugs across state lines, you can be charged with federal drug trafficking.
The extreme impact of illegal narcotics on users and their contribution to the crime rate make this offense severe. In addition to incarceration in federal prison, a conviction for drug trafficking can result in deportation or inadmissibility.
Multiple Convictions
In California, the impact of your criminal conviction does not end when you serve your sentence and pay your fines. Your convictions will appear on your record and can be used against you in subsequent cases. Having multiple convictions on your record can result in inadmissibility under the following circumstances:
- You have two or more convictions on your record.
- The sentences for these offenses total up to five years or more.
The nature of the crime that resulted in multiple convictions will not have a bearing on immigration status in this case. Multiple convictions could fall under this category even when they resulted from one criminal act.
For example, if you inflict corporal injury on your spouse and their children in their home, you could be charged with corporal injury on a spouse alongside child endangerment. You could be rendered inadmissible if these convictions meet the eligibility criteria above.
Human Trafficking
Under California Penal Code 236.1, human trafficking involves depriving someone of their liberty with the intent to obtain forced labor or other services from them. You could be charged with human trafficking for causing another person to engage in a commercial sex act. Additionally, these charges could arise when you detain another person against their will for forced labor.
Human trafficking is a severe crime against humanity. Individuals suspected of engaging in human trafficking face harsh consequences. A conviction for human trafficking is unnecessary for you to be rendered inadmissible. If you’re suspected of engaging in these heinous acts or face charges for offenses related to human trafficking, you could be marked admissible. This means that if you are illegally in the United States, your application to adjust your status to permanent residency will be denied.
Prostitution
While the social attitude towards vices like drugs, alcohol, and sex has changed in California, prostitution is still illegal. You could face an arrest and charges for soliciting or engaging in prostitution. Under California law, prostitution involves the exchange of lewd or sexual acts for compensation. Prostitution acts range from exposure of genitals and fondling to sexual intercourse.
Soliciting or engaging in prostitution is a misdemeanor that attracts a six-month jail sentence. If you’ve been charged with or convicted of this crime for the past ten years, your application for an adjustment of status in the United States will not be accepted. This applies even to individuals who benefited from the proceeds of the prostitution acts.
Find a Reliable Los Angeles Immigration Attorney Near Me
For immigrants in the United States, the consequences of a criminal conviction go beyond incarceration and fines. A criminal conviction for certain offenses can make you inadmissible in the United States. This means you cannot successfully pursue an adjustment of status, regardless of your qualifications. These offenses include violent felonies, crimes of moral turpitude, and repeat offenses.
Understanding the offenses and circumstances that result in inadmissibility is critical to fighting your charges appropriately to avoid adverse immigration consequences. While you fight to avoid a criminal conviction for inadmissible offenses, having a competent immigration attorney by your side is vital. Your lawyer will work hard to protect your rights and ensure you are not rendered inadmissible.
Additionally, you will need the services of an immigration lawyer when you have a criminal record that can impact your immigration adjustment process. As California Immigration Attorneys, we understand the impact that inadmissibility could have on your life and U.S residency. We offer expert legal guidance to all clients battling charges for inadmissible offenses in California. Contact us at 424-789-8809 to discuss the details of your case.