Immigration Consequences

Immigration Consequences

Immigration law can, like, be really complicated. There are a ton of rules about who can come into the country, who can stay, and who can become a citizen. And if someone isn’t a citizen, getting in trouble with the law can make a huge mess of their immigration status. There are all kinds of ways a conviction can get someone deported or make them ineligible to adjust status. It’s really important to understand how criminal charges can impact someone’s ability to stay in the U.S. or become a citizen. This article will break it down into simple terms so people can understand the basics.

What is a Conviction?

First, it’s important to understand what counts as a “conviction” for immigration purposes. Basically, it’s when someone pleads guilty or no contest to a crime and the court finds them guilty. It also counts if someone admits to all the elements of a crime as part of a plea deal. The conviction stands even if the judge doesn’t technically enter a formal judgment of guilt or sentence them to anything. It doesn’t matter if the charges get dropped or dismissed later on – if there was a conviction at any point, that’s what immigration officials look at.[3]

When a Conviction Gets Vacated

Now sometimes convictions do get overturned or vacated. This can happen if there was some kind of problem with the case – like a Constitutional issue or a mistake by the court. When that happens, immigration usually won’t count it as a conviction anymore. But – and this is a big but – it only works if the conviction was vacated specifically because of a defect in the underlying criminal case. If it got vacated for any other reason, like to avoid deportation or as part of a rehab program, immigration will still see it as a conviction. Kinda complicated, right? The main thing is, if you want a conviction vacated to avoid immigration problems, you need an attorney who understands all the technical details involved.[3]

Crimes That Get You Deported

Okay, so what kinds of crimes can actually get someone deported? There are a bunch, but some of the big ones are:

• Drug crimes – even simple possession
• Theft or burglary
• Violent crimes like assault or domestic violence
• Gun crimes
• Sex crimes
• DUIs or multiple DWIs

And it’s not just serious felonies. Even misdemeanors can count if immigration decides they make someone a “bad” person. Shoplifting, writing a bad check, using a fake ID – these could all potentially get someone deported. The rules are really broad and harsh.[1][2][4]

Other Immigration Problems

It’s not just deportation, either. Criminal convictions can also make someone ineligible to become a citizen or get a green card. Let’s say someone has a green card and they apply for naturalization – citizenship – after 5 years. If they have certain convictions, they could get denied at the interview. Even if it was just a misdemeanor DUI from years ago. Same thing if a permanent resident travels abroad and tries to return – a border officer could deny them reentry if they have convictions.

The other thing is people applying for green cards or other visas from inside the U.S. They have to submit paperwork and go through interviews with immigration officers. Any kind of criminal record can get their application denied. It happens all the time. So again, it’s really important to avoid convictions whenever possible.

Criminal Charges and Immigration Status

Let’s talk about what to do if you’re an immigrant and you get arrested or charged with a crime. First thing – don’t say anything to the police about your immigration status. You have the right to remain silent. Turning yourself over to ICE will only make matters worse.

Next, get a lawyer who understands immigration law. Different crimes have different consequences. A good attorney will advise you on the best plea to reduce the immigration impact. They may be able to get charges lowered or dismissed, or work out an alternative resolution like probation or diversion. Don’t take any plea deal without running it by your immigration attorney first.

Finally, if you end up with a conviction, consult with a deportation defense lawyer immediately. There may be options to reopen your criminal case or vacate the conviction. You may also be eligible for cancellation of removal or asylum. But you need to take action quickly, before ICE puts you in proceedings.

The Bottom Line

Here’s the main takeaway: Any non-citizen charged with a crime needs specialized legal advice. Even minor charges can carry severe immigration penalties. So don’t go through the criminal justice system without an attorney who understands immigration consequences. Fight the criminal charges aggressively. Get the charges dismissed or reduced. Avoid convictions and pleas that could put your status in jeopardy. Your whole future in this country could depend on the outcome.

Immigration law is super complex, but hopefully this article gave you a basic overview of how criminal convictions can impact someone’s status. Let me know if you have any other questions!

References

[1] California Chart on Immigration Consequences

[2] CRS Report on Immigration Consequences

[3] USCIS Policy Manual Chapter 2

[4] Understanding Immigration Consequences of Criminal Convictions

[5] Immigration Consequences and Your Criminal Case