How Criminal Convictions Can Impact Immigration Status in NYC

How Criminal Convictions Can Impact Immigration Status in NYC

Getting convicted of a crime can really mess up someone’s immigration status. Even a minor conviction can get you deported if you’re not a citizen. This article will break down how criminal convictions affect immigration for folks in NYC.

Criminal Convictions 101

First, let’s define what a “criminal conviction” is. Basically, it’s when someone pleads guilty or is found guilty of commiting a crime in court. There’s different types of convictions:

• Misdemeanors – Less serious crimes like petty theft, simple assault, drunk driving. Punishable by less than a year in jail.
• Felonies – More serious crimes like murder, rape, robbery. Punishable by over a year in jail.
• Infractions – Minor violations like traffic tickets. Usually just get a fine.

The type of conviction matters for immigration. Felonies are generally worse, but even misdemeanors and infractions can get you in trouble if you’re not a citizen.

Immigration Status Basics

Now let’s go over the main immigration statuses people in NYC have:

• Citizens – People born in the US or who naturalized. Citizens can’t be deported or denied re-entry no matter their criminal record.
• Green card holders – Lawful permanent residents. They can live and work here permanently but can still be deported for crimes.
• Visa holders – Here temporarily for work, study, etc. Easier to deport and deny visas.
• Undocumented – Entered illegally or overstayed visas. Very easy to deport.

As you can see, citizens have the most protection while undocumented folks have the least. But even green card holders and visa holders aren’t 100% safe from deportation.

How Criminal Convictions Get You Deported

So how exactly can a conviction impact your immigration status? There’s two main ways:

1. Removal Proceedings – The government can start a case in immigration court to deport you.
2. Inadmissibility – They can deny your entry/visa if you try to re-enter the US after traveling abroad.

Let’s break these down more…

Removal (Deportation)

If you’re not a citizen, ICE can slap you with removal proceedings in immigration court. There’s a few main grounds convictions can make you deportable:

• Aggravated Felonies – Murder, rape, trafficking, crimes with 1+ year sentence. Automatic deportation.
• Crimes Involving Moral Turpitude (CIMT) – Fraud, theft, etc. Deportable if more than 1 CIMT conviction or sentenced to 1+ years.
• Controlled Substances – Drug crimes except single marijuana possession. Deportable.
• Domestic Violence – Deportable if convicted of domestic violence, stalking, child abuse, neglect, etc.
• Other Crimes – Multiple gambling, prostitution, DUI convictions can also get you deported.

There’s some defenses against deportation, but you need an experienced immigration lawyer to fight your case.

Inadmissibility (Denial of Re-Entry)

A conviction can also make you “inadmissible”, meaning you can be denied re-entry if you:

• Travel abroad and try to return on a visa
• Travel abroad and try to return as a green card holder
• Apply for a green card or other visa

It’s mainly the same grounds that make you removable. But drug crimes and prostitution convictions have lower thresholds for inadmissibility. Even a single offense can deny you re-entry.

If CBP denies you re-entry at the airport, you can be detained and put into removal proceedings. It’s risky to travel if you have any kind of record.

How Minor Crimes Can Mess You Up

You’re probably thinking “whatever, I’m never gonna kill or rape someone”. But here’s some common NYC convictions that can ruin your immigration status:

• Petty Theft – Shoplifting, stealing a bike. CIMT, deportable and inadmissible.
• Drug Possession – Even just having a joint. Automatic inadmissibility bar.
• Fare Evasion – Jumping the subway turnstile. CIMT, deportable and inadmissible.

Crazy right? Now you see why minor convictions are so dangerous for immigrants. NYC loves busting people for petty offenses, but even a short jail stint can get you deported.

Watch Out for “Crimes of Moral Turpitude”

We keep mentioning “Crimes Involving Moral Turpitude” (CIMTs). This is a tricky category that covers all offenses that are “inherently immoral”.

What counts as immoral? Basically anything that’s:

• Dishonest – Fraud, tax evasion, perjury
• Harmful – Assault, murder, domestic violence
• Depraved – Incest, bestiality
• Sexual – Prostitution, public lewdness, indecent exposure

CIMTs are deportable if you have more than one conviction, or were sentenced to a year or more in jail. Even a single CIMT makes you inadmissible if you try to re-enter the US.

The definition is super vague, so minor crimes can sometimes count. See a lawyer before pleading guilty!

Immigration Safe Havens in NYC

Despite the risks, NYC tries to protect immigrants from deportation. Here’s some safe havens:

• Sanctuary Cities – NYC won’t hold people for ICE without a warrant.
• Public Defenders – Avoid plea deals that hurt immigration status.
• Charities – Offer free legal help for immigrants.

There’s also campaigns to stop minor arrests. Fare evasion and weed possession arrests have dropped, which protects immigrants.

See an Immigration Lawyer BEFORE Pleading Guilty!

Here’s the big takeaway: Consult an immigration lawyer before taking any plea deal! Even if the crime seems minor, plead with extreme caution.

An immigrant-friendly lawyer can help you:

• Get charges dismissed or reduced
• Avoid deportable convictions
• Plea in a way that minimizes immigration harm
• Fight your deportation case if you’re detained

There’s many legal defenses to avoid deportation. But you need to act fast once charges are filed.

Don’t just trust your public defender – they focus on the criminal case, not immigration. Spend the money on an immigration lawyer before you plea!