How Federal Convictions Impact Immigration Status

How Federal Convictions Impact Immigration Status

Having a criminal record can really complicate things if you’re trying to immigrate to or stay in the United States. Even a minor conviction can get you deported or barred from re-entering the country. It’s important to understand how different types of crimes may affect your immigration status.

Crimes Involving Moral Turpitude

One major category of crimes that can really mess up your immigration status are “crimes involving moral turpitude.” This basically means crimes that are seen as violating accepted moral standards. Some examples include fraud, theft, and sex crimes. If you’re convicted of a CMT, it can make you inadmissible to the U.S. or deportable if you’re already here. And it doesn’t matter whether it’s a felony or misdemeanor – even minor CMT convictions can get you deported. Here’s a good overview of moral turpitude under immigration law: What’s a Crime Involving Moral Turpitude According to Immigration Law?

Aggravated Felonies

Another category of crimes that are super serious for immigration are “aggravated felonies.” This includes stuff like murder, rape, trafficking drugs, and theft/burglary if you get a year or more sentence. An aggravated felony conviction makes you deportable and also permanently inadmissible. So even if you leave the U.S. and try to reapply for a green card later, you won’t be able to. There’s also no relief from deportation if you’ve been convicted of an aggravated felony. Here’s a detailed list of aggravated felonies under immigration law: Aggravated Felonies Under Immigration Law.

Controlled Substance Crimes

Convictions related to controlled substances like drugs and narcotics can also mess up your immigration status. This includes things like possession, trafficking, and distribution charges. Even a single minor drug conviction can make you inadmissible to the U.S. or deportable. And it doesn’t matter if the drug is legal in your state – it’s still a problem under federal immigration law. The main exception is a single offense for possession of 30g or less of marijuana. This typically won’t impact your immigration status. Here’s some more info on drug crimes and immigration: Drug Crimes as Grounds for Deportation and Removal.

Multiple Criminal Convictions

Having multiple criminal convictions on your record, even for minor stuff, can also create immigration problems. For example, two CMT convictions anytime in your life makes you permanently inadmissible to the U.S. Three or more convictions with combined sentences of 5+ years also makes you deportable. The bottom line is that immigration looks at your entire criminal record – not just single isolated incidents.

Domestic Violence, Stalking, and Restraining Orders

Convictions for domestic violence, stalking, and violating restraining orders also make you deportable under immigration law. Even if it seems minor, this stuff is taken very seriously when it comes to immigration status. For example, a conviction for violating a protection order, even if just a misdemeanor, will still get you deported. Here’s some more info: Domestic Violence, Stalking Are Deportable Offenses.

Sentences Matter

When it comes to things like theft and burglary charges, the length of your sentence also matters. If your sentence is less than 1 year, it’s usually not a deportable offense. But if you get 1 year or more, now it becomes an aggravated felony and you can be deported. So in cases like this, trying to plea bargain for a lighter sentence can help minimize the immigration consequences.

Prostitution Charges

Prostitution and commercialized vice convictions also count as crimes of moral turpitude. So even a single prostitution conviction can get you deported or make you inadmissible. Some exceptions apply if the prostitution is your only offense, you’re under 18 years old, or the activity was legal in the jurisdiction where it occurred. But in most cases, a prostitution conviction still equals big problems for your immigration status.

Fraud Crimes

Convictions for fraud and financial crimes often count as crimes of moral turpitude, leading to immigration consequences. This includes things like tax evasion, identity theft, forgery, and credit card fraud. Embezzlement can also be a problem if the amount is over $10,000. Basically any crime involving intentional deception for unlawful gain will likely affect your immigration status.

Sex Offender Registration

Another big one – if you have to register as a sex offender in any U.S. state, you are deportable. Sex offender registration requirements make you removable from the country. It doesn’t matter if it was a minor offense or how long ago it happened. Being on the registry is enough to get you deported.

Impacts of a Conviction

There are a few main ways a criminal conviction can impact your immigration status:

• Makes you “inadmissible” – you can be denied entry to the U.S.
• Makes you “deportable” – you can be forcibly removed from the U.S.
• Bars you from re-entering – you can be banned from coming back to the U.S. if you leave
• Prevents you from applying for citizenship or renewing your green card

It’s also important to note that arrests, charges, and even acquittals can still cause immigration problems in some cases. You don’t need to be actually convicted for there to be consequences.

Relief from Deportation

If you are facing deportation due to a criminal conviction, there are some forms of relief that may help you stay in the country. Some options include:

• Cancellation of Removal – If you’ve lived in the U.S. for 10+ years, have good moral character, and removal would cause hardship for family, you may qualify to have your removal cancelled.
• Asylum – If you fear persecution in your home country, you may be able to seek asylum to avoid deportation.
• Withholding of Removal – If your life would be threatened in your home country, deportation can be deferred.
• Convention Against Torture – If you fear torture in your home country, you may be able to avoid deportation.

It’s a good idea to consult with an experienced immigration attorney if you are facing deportation due to a criminal conviction. They can assess your options and help give you the best chance to defend your case.

Criminal Defense Strategy

If you are facing criminal charges, it’s important to be strategic in how you handle your criminal defense to minimize immigration consequences. Here are some tips:

• Try to avoid pleading guilty to offenses that qualify as CMT, aggravated felonies, etc.
• Plea bargain for lower level charges when possible.
• Argue for sentences under 1 year if sentence length matters.
• Get treatment programs and counseling on record to show rehabilitation.
• Have your defense attorney explain immigration consequences as part of your representation.

The criminal justice system is complex, but so is immigration law. Making smart choices in your criminal case with the help of an experienced lawyer can help reduce negative impacts to your immigration status.

Conclusion

Any type of criminal conviction – whether felony or misdemeanor – can potentially put your immigration status in jeopardy. The rules are complex and it’s smart to consult with attorneys who understand both criminal and immigration law if you are facing charges. Being informed and strategic in handling your criminal case can help minimize consequences when it comes to your ability to immigrate or remain in the United States.