A criminal arrest or conviction will likely affect your immigration status, impacting your likelihood of staying in the U.S. This applies to all immigrants, including undocumented immigrants, green card holders, and holders of other kinds of visas. Some criminal convictions make you inadmissible, while others result in deportation. Immigration attorneys advise immigrants to remain under the police radar to avoid conflicts with the law.
Additionally, you must understand the connection between immigration law and criminal law to know what to do if you find yourself in legal trouble. A skilled immigration attorney is the right person to talk to. If you are already facing criminal charges, they can explain your options and help you with proper defense to avoid facing severe consequences.
Criminal Charges and Your Immigration Status
Criminal charges affect all aspects of a person’s life. The effects are more severe on immigrants because criminal charges put them at risk of deportation or being marked as inadmissible. Your resolve to remain in the United States as an immigrant partly depends on your conduct. If you engage in crime, you could lose your chance, regardless of your skill. This is one of the issues your immigration attorney mentions as you prepare to start a new life in the U.S. You must abide by the law and be careful about the people you associate with, lest they involve you in crime.
The effects of a criminal charge are grave, even for a U.S. citizen. A criminal record affects all aspects of a person’s life, including their social and professional lives. Some people lose their jobs immediately after an arrest. Others lose their professional licenses and experience difficulties finding suitable employment after serving a sentence. Some people lose their family and friends immediately after a criminal arrest. Generally, a criminal record will not leave your life the same. The effects of an arrest or conviction for an immigrant are more severe.
However, not all criminal arrests and convictions affect immigrants. Those that affect immigrants do so in varying degrees, depending on the gravity of the crime and the immigrant’s criminal record. If you face criminal charges and fear their impact on your immigration status, talk to a competent immigration attorney. They will explain the gravity of your charges, the possible outcome of a conviction, and what you can do to push for a favorable outcome.
For example, being accused of a traffic infraction will likely not affect your immigration status. However, as the law dictates, you must pay a fine. However, a drug-related charge could have a lasting effect on your life.
Criminal Cases That Affect Immigration Statuses
Immigration law specifies crimes that will likely affect an immigrant’s status in the U.S. Understanding these laws and their effect on your immigration status helps you recognize the risks and prepare for what to do if you are charged with crimes.
Crimes of Moral Turpitude
They include crimes related to fraud, dishonesty, or immoral behavior. Examples include assault, theft, and related crimes, and fraud-related offenses like insurance fraud, credit card fraud, and identity theft. A conviction for a crime of moral turpitude can result in deportation and being marked as inadmissible to the United States. Your likelihood of deportation occurs if you commit the crime within five years of moving to the country.
Aggravated Felonies
A conviction for an aggravated felony will severely affect your immigration status. Aggravated felonies are the gravest and most severely punished offenses under the law. Examples of these crimes include rape, murder, drug trafficking, and some gun crimes. In addition to the severe consequences of such crimes, you will likely be deported from the United States after serving your time or within the court of your sentence. Additionally, you will be ineligible for most relief extended to immigrants, including cancellation of deportation and asylum.
Drug-Related Crimes
Drug crimes are a significant problem across the globe. All countries have strict drug laws that regulate the use, distribution, and sale of controlled substances. A drug crime occurs when a person possesses, uses, sells, or distributes a controlled substance illegally. These are crimes that are severely punished in California. You will likely face more severe penalties as an immigrant if you are found guilty of a drug crime.
A drug crime can result in deportation or being marked as inadmissible to the U.S. Even a tiny amount of regulated substances can result in severe immigration consequences.
Child Abuse and Domestic Violence
An arrest or conviction for child abuse or domestic violence can also affect your immigration status. These crimes also include child neglect and abandonment. You can be deported if convicted of child abuse or violence against an intimate partner. Additionally, you will be ineligible for a green card or any other visa or immigration benefit.
How Criminal Charges Immediately Affect Your Immigration Status
The effects of a criminal charge on an immigrant are sometimes immediate and long-lasting. An arrest can immediately affect your immigration status, even before a criminal court finds you guilty. For example, some crimes can result in an immediate arrest and detention in an immigration detention facility. When this happens, the immigration department will start deportation proceedings right after your arrest, which could lead to your immediate removal from the U.S. Here are some of the immediate consequences of a criminal arrest to prepare for what to expect:
Arrest and Detention
Like every other suspected offender, an immigrant suspected of violating the law will be arrested and detained as they await a court order on how their case will proceed. If you are arrested for an immigration-related offense, such as running a business or working without a valid permit, you could be arrested and detained before an immigration case decides how to proceed with your case.
iCE details immigrants accused of violating the law, whether the criminal or immigration law. Detention occurs regardless of the gravity of your charges. You should first work on your release with the assistance of an immigration attorney; then, you can work on your defense. Thus, retaining a skilled immigration attorney is advisable and should happen immediately after your arrest.
Initiation of Deportation Proceedings
The immigration department can initiate your deportation proceedings immediately after you are accused of violating the law. Any criminal arrest or conviction can result in this. This means you can receive a notification to appear before a judge to determine your possibility for deportation. This notice provides details about the case and the reason why you could be deported.
Loss of Immigration-Related Benefits
Some immigrants enjoy benefits while living or working in the United States. You will likely lose this if you are arrested or convicted of a crime. You could also lose your eligibility for benefits after an arrest or conviction. For example, if you are eligible for citizenship, a conviction can affect your application. You could be denied a visa or green card if you have a pending case in a criminal or immigration court. Immigrants using temporary visas could also lose their visas to revocation after an arrest.
Traveling Restrictions
You could face traveling restrictions if you have a pending criminal case in the United States. Some people are marked inadmissible to the United States immediately after being arrested for a crime. When that happens to you, you will face difficulties entering the country once you leave for whatever reason.
Understanding these consequences prepares you for what to expect once a criminal charge is brought against you. You can talk to a skilled immigration attorney to understand more and get guidance on avoiding losing a critical opportunity to remain or work in the country.
Long-Term Immigration Consequences of Criminal Convictions
A criminal conviction can also result in long-term consequences that will affect different aspects of your life, including your social, personal, and career lives. Understanding these consequences prepares you for what to expect and what you can do to avoid these consequences. Here are some of the likely long-term consequences of a criminal record:
Removal or Deportation
This is the most severe consequence of a criminal record for an immigrant. If you moved to the U.S. for safety or better living conditions, deportation would be devastating. A deportation is possible if you face charges for an aggravated felony, a crime or moral turpitude, or a drug-related crime. The immigration department will initiate your removal immediately after your arrest. You will appear before a judge in an immigration court to discuss the circumstances of your case and the reason for your immediate removal.
Deportation can affect you in so many ways because you will lose your job, become separated from your family and friends, and lose everything you have worked hard to acquire in the United States.
Inadmissibility to the United States
When the immigration department marks you as inadmissible to the United States, you cannot enter the country again once you leave. Depending on the underlying charges, you can be inadmissible for a few, several years, or permanently. Sometimes, getting a waiver allowing you to return after traveling out of the country is impossible.
If you are barred from entering the country, you cannot leave, even when circumstances require you to. People who travel for business or work are mostly affected. You constantly fear not returning and losing the life you have built for yourself and your family in the country.
Disqualification for Immigration Benefits
A criminal record can affect your eligibility for any immigration benefits you enjoy or are eligible for. For example, it could result in the cancellation of your visa or the loss of a chance to obtain a green card. If you have applied for asylum or citizenship, a conviction can trigger a denied response from the immigration department.
For example, if you face charges or a conviction for a grave felony like rape or murder, you are ineligible to apply for citizenship. Even a misdemeanor can prevent you from enjoying benefits like visa renewal.
Difficulties Adjusting Your Status
You can face challenges adjusting your status after a criminal arrest or conviction. This includes changing from an undocumented immigrant to a permanent resident. This happens even for people who meet all the other requirements. The immigration department considers a person’s criminal record to determine their morality and to predict their behavior. A criminal record could portray you as dishonest or criminal, making it impossible for you to be admitted to the country.
A competent immigration attorney can help you overcome some of these consequences. For example, they can advise and assist you in obtaining post-conviction relief to avoid a criminal conviction's short-term and long-term implications. Some post-conviction reliefs allow courts to vacate criminal convictions that will significantly affect your immigration status.
Your attorney can also agree to or suggest a plea bargain with the prosecutor to avoid a severe conviction and its likely consequences. A plea bargain allows you to plead guilty to a less severe crime with little or no effect on your immigration status. Although you will still face a penalty, it will not be as severe as the penalty for the underlying charge.
Your attorney can also help cancel your deportation. They aim to keep you working and enjoying a good life with your family in the United States. If they successfully cancel our deportation, you can continue living your life. However, you must be careful not to commit another crime.
Find a Competent Immigration Attorney Near Me
Although a criminal record in California affects all people, it has more severe effects on an immigrant. This is because immigrants have more to lose if they are deported or marked as inadmissible to the United States. However, you can fight some of the severe immigration consequences of a criminal record with the assistance of a skilled immigration attorney.
At California Immigration Attorney, we handle all immigration-related cases. We can help you understand the possible consequences of your charges and develop a solid defense to avoid a conviction's short-term and long-term implications. Call us at 424-789-8809 to learn more about our services and your situation.