Will A Crime Destroy My Immigration Dreams?
Obtaining a temporary visa or lawful permanent residency in the United States are difficult on their own. Doing so with a criminal offense on your background is even harder.
When you face the dual difficulties of protecting your immigration status and defending yourself against a criminal charge, Hernandez & Associates, P.C., can guide you. Our staff includes immigration law attorneys and criminal defense attorneys who have decades of experience. We will help you understand how, if at all, your criminal charge may affect your immigration status.
The Crimes That Put Your Dream At Risk
There are two main categories of crimes that could prompt the U.S. Citizenship and Immigration Services (USCIS) start removal proceedings. These are aggravated felonies and crimes of moral turpitude. Moral turpitude is an intentionally vague category that can include charges from domestic violence to drug trafficking. These crimes also make your visa or green card petition inadmissible and prevent your naturalization.
A Criminal Record Can Affect Your Family, Too
If your lawful permanent status is revoked, barred or you face deportation, the consequences will have a ripple effect on your family. If you want to bring relatives to Colorado from abroad, your status plays a major factor in whether they can file a petition for a family visa. Even if you are not concerned for your own status, you should feel concerned for your loved ones’ futures in the U.S. If you get help from an immigration lawyer, you have a much better chance not only of staying in the U.S. yourself but of reuniting your family here.
What Is Crimmigration?
Crimmigration deals with how criminal charges or convictions can impact a noncitizen’s immigration status. In Colorado, minor offenses like DUI, shoplifting or drug possession can trigger serious immigration consequences such as deportation, detention or denial of reentry. Crimmigration cases often involve two different legal systems working against a person at once, making them more complex than a typical criminal or immigration case alone. This is because it is an intersection of criminal law and immigration law.
Under crimmigration, not all crimes carry the same immigration risks. For example:
- Aggravated felonies have a risk of mandatory deportation with almost no chance for relief.
- Crimes involving moral turpitude (CIMT) risk deportation and inadmissibility, sometimes after just one or two convictions arising out of separate incidents.
- Drug offenses carry the risk of deportation, inadmissibility for future visa or green card applications and denial of naturalization.
- Domestic violence and protective order violations usually risk deportation, bar to reentry and complications with green card renewals.
- Firearms offenses have the risk of deportation with limited defenses available.
- Multiple convictions provide grounds for deportation based on a pattern of criminal behavior.
Because immigration consequences are not always explained during a criminal case, many people unknowingly accept plea deals that later destroy their immigration status. So, as a noncitizen facing any criminal charges, work with an attorney who knows how to balance both areas of law.
How To Find An Attorney That Handles Crimmigration Cases
Here is what to look for when choosing a crimmigration attorney:
- Dual practice: Make sure the attorney has real experience handling both criminal defense and immigration cases.
- Proven track record: Ask about specific cases they have handled involving deportation defense, immigration-safe plea deals or post-conviction relief.
- Community recommendations: Check with local immigrant rights organizations for referrals; they often know which attorneys have strong reputations.
- Background research: Look up online reviews and state bar records to confirm the attorney’s credentials and any disciplinary history.
Take the time to find the right crimmigration attorney to protect your future in the U.S. and help mitigate your immigration challenges with a criminal record.
Frequently Asked Questions About How Criminal Charges Could Affect Your Immigration Status
Because immigration laws are so complex, you need to ask the right people when you have questions. At Hernandez & Associates, P.C., we help clients get the answers they need by offering thorough answers to complex concerns. Here are some frequently asked questions you may have:
Can a criminal conviction affect my immigration status in the United States?
A criminal conviction can complicate your immigration status. If convicted of a crime, you risk deportation or denial of immigration status changes. However, your immigration conflicts will depend on your current status, the type of criminal charges you are facing, whether you intend to pursue a defense and whether you are convicted. An immediate consultation with an attorney who understands both criminal and immigration law is essential.
What type of criminal charges can affect my immigration status?
Felony charges, such as drug possession, assault, human trafficking, money laundering and domestic violence, are more likely to affect your immigration status. However, even minor offenses, including traffic tickets, trespassing and theft, can impact your immigration status.
How do I know if a criminal charge will affect my immigration status?
In short, any type of criminal charge has the potential to affect your immigration status. Choosing not to defend against your charges raises the risk of severe penalties. It is critically important to talk to a knowledgeable attorney so that your specific situation can be assessed.
Can a criminal conviction make me deportable?
Yes, felony charges have the greatest potential for deportation. However, even nonfelony convictions can lead to deportation under the right circumstances. Whether a criminal conviction will lead to deportation can depend on the type and severity of the charge. Seeking legal representation is important to protect your rights.
Can I still become a U.S. citizen if I have a criminal record?
In some cases, yes. Many minor offenses, such as traffic violations, may be addressed during your immigration application process and citizenship interview. On the other hand, felony convictions, such as those for aggravated assault, drug trafficking and murder, are likely to permanently prohibit citizenship. It is important to understand your legal rights and talk to a lawyer to prepare for the immigration process if you have any kind of criminal record.
Ask For A Free Consultation With An Immigration Attorney
The criminal justice system and the immigration system both have strict deadlines, so the sooner you contact Hernandez & Associates, P.C., the better. We provide free initial consultations – please call our Denver office at 303-536-5134 or send us an email today.