Immigration Consequences of a Criminal Conviction in Queens
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Immigration Consequences of a Criminal Conviction in Queens
A criminal conviction can have severe and long-lasting immigration consequences for non-citizens living in the United States. This is especially true in a diverse area like Queens, New York where over 48% of the population is foreign-born.
If you are a non-citizen facing criminal charges in Queens, it is critical that you understand how a conviction may impact your immigration status. The type of crime, the specific statute you are charged under, and the length of the sentence can all affect whether you are deemed removable or inadmissible by immigration officials.
Grounds for Deportation
There are two main categories that can make a non-citizen deportable under immigration law: crimes involving moral turpitude and aggravated felonies. Some examples include:
- Fraud
- Theft
- Assault
- Domestic violence
- Drug trafficking
- Money laundering
- Burglary
- Tax evasion
If you are convicted of an aggravated felony, you are almost certain to face deportation. Other crimes may make you deportable if you are sentenced to one year or more in prison. Even some misdemeanors can carry immigration consequences.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude (CIMTs) is a broad category that refers to:
Conduct that is considered contrary to community standards of justice, honesty or good morals.
Some examples of CIMTs include fraud, theft, sex crimes, and crimes involving bodily harm. If you are convicted of one CIMT that resulted in a sentence of one year or longer, you may be found deportable. Two CIMT convictions arising from two separate incidents make you deportable, even if the sentences were less than one year.
Other Grounds of Deportability
You may also face removal proceedings if convicted of certain weapons, domestic violence, stalking, child abuse, or violation of protective order offenses. For example, purchase or possession of a firearm by an undocumented immigrant is a deportable offense.
Seeking Discretionary Relief
While the immigration consequences of a criminal conviction can be severe, an experienced immigration attorney may be able to help you fight deportation and remain in the country lawfully. Some of the most common forms of discretionary relief include:
- Cancellation of removal – Available to lawful permanent residents (green card holders) who have resided continuously in the U.S. for at least 7 years.
- 212(h) Waivers – Waives certain deportable offenses for spouses, parents and children of U.S. citizens or green card holders.
- Asylum/Withholding of removal – May be granted if you fear persecution or torture in your home country.
An experienced Queens immigration lawyer can help assess your options and fight to keep you with your family in the United States.
Criminal Convictions and Naturalization
In most cases, you cannot obtain U.S. citizenship if you have a criminal record. Crimes involving moral turpitude, aggravated felonies, high misdemeanors, and multiple offenses will make you ineligible for naturalization. However, an attorney may still be able to help you get a waiver if your offense was minor and you can prove extreme hardship.
Consult a Queens Immigration Lawyer
As you can see, any criminal conviction or guilty plea can put your immigration status in jeopardy. Your entire future in the U.S. – and your ability to remain with your family – is at stake.
An experienced Queens immigration attorney can carefully assess your situation, defend your rights, and help mitigate the immigration consequences of a conviction. They can also guide you on steps to take that could help avoid deportation proceedings.
Don’t leave your immigration status to chance. Consult a qualified Queens immigration lawyer before pleading guilty or no contest to any criminal charges. An attorney may be able to get charges reduced or dismissed, devise an alternative plea, or start building your case for discretionary relief if you do face deportation. With expert legal help, you may be able to avoid or minimize the immigration consequences of a conviction.
