How Can a Criminal Conviction Affect an Immigrant’s Status in New York?

Immigrants in New York need to be aware – getting arrested or convicted of a crime can seriously mess up your immigration status. Even a minor charge like shoplifting or trespassing can get you deported if you’re not a citizen. Let’s break down how criminal charges affect green card holders and undocumented immigrants in NY.

Green Card Holders

If you’re a lawful permanent resident (LPR) with a green card, a criminal conviction can put that status at risk. Green cards can get revoked for certain crimes under immigration law. This is especially true for drug offenses, crimes involving “moral turpitude,” and aggravated felonies.

Moral turpitude basically means a crime that’s morally wrong – stuff like fraud, theft, and sex crimes. See the full list here. If you get convicted of one of these, you can be deported and lose your green card.

Aggravated felonies are a big problem too. This category includes: murder, rape, trafficking, money laundering, and any drug crime except simple possession. Get convicted of an aggravated felony, and you lose your green card automatically.

The good news is, not all convictions lead to deportation. For example, a single drunk driving conviction won’t take away your green card. The crime has to meet certain requirements under immigration law. An experienced NY immigration lawyer can help you fight removal if you’re charged with a deportable offense.

Defenses Against Deportation

There are a few main ways a green card holder can defend against deportation after a conviction in New York:

• Argue the crime doesn’t fit the deportation category
• Apply for a waiver if available
• Ask the judge for relief from removal

An immigration attorney can review the specifics of your case and decide the best defense strategy. Common relief options include cancellation of removal, adjustment of status, asylum, or withholding of removal.

Undocumented Immigrants

For undocumented immigrants, any involvement with the NY criminal justice system is high risk. Getting arrested can flag you for immigration enforcement, even if the charges are dropped. A conviction almost guarantees detention and deportation.

Why is this? Simply put – undocumented immigrants have zero lawful status, so there’s no legal foothold to avoid removal. The government can deport you just for being here illegally, let alone committing a crime.

However, an experienced immigration lawyer may find ways to keep you here. Options could include:

• Asking prosecutors to reduce charges
• Negotiating a plea to avoid deportable offenses
• Challenging the grounds for removal
• Applying for asylum or other relief

Certain victims may also qualify for a U visa or T visa if they assist law enforcement. But in general, undocumented immigrants have very limited defenses against deportation once convicted of a crime.

How Crimes Can Affect Immigration Court

Any criminal conviction will have consequences in immigration court. It can:

• Make you ineligible for certain relief like DACA
• Bar you from re-entering the US for 5-20 years
• Get you detained without bond while facing removal
• Cause the judge to deny discretionary relief

The specifics depend on the crime. For example, a drug trafficking conviction has harsher consequences than a theft conviction. But bottom line – any conviction makes deportation more likely.

Consult an Immigration Lawyer if Facing Charges

The intersection between criminal and immigration law is extremely complex. There are many nuances that determine how a NY conviction can impact your immigration case.

Fortunately, experienced NY defense attorneys understand these issues. They can provide personalized advice based on your specific situation. Don’t hesitate to call an attorney if you’re facing criminal charges in New York.

With expert guidance, you may be able to plea bargain to minimize immigration consequences. Or challenge removal on legal grounds. Don’t risk your immigration status and life in America. Fight criminal charges aggressively with a lawyer on your side.