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Will my immigration status be impacted if I’m convicted?

March 20, 2024

Getting convicted of a crime can really screw things up if you aren’t a citizen. It can get your green card taken away, make it so you can’t get one, or even get you deported. Basically, it’s bad news. Let’s break it down so you know what you’re in for if you get convicted.

Green Cards and Visas – Kiss ‘Em Goodbye

If you’ve got a green card and you’re convicted of certain crimes, that green card can be taken away. We’re talking aggravated felonies, crimes involving moral turpitude, multiple criminal convictions…the list goes on. So if you’re a permanent resident, be extra careful to stay out of trouble or that green card won’t be permanent anymore.It’s the same deal if you’re in the U.S. on a visa. Certain criminal convictions will get your visa revoked quicker than you can say “deported”. Say you’re on a student or work visa – a conviction could be grounds for removal before your visa is up. Yikes.

Forgetting About Naturalization

Let’s say you aren’t a U.S. citizen yet, but you were hoping to become one. Well, if you get convicted of a crime, you can kiss that dream goodbye. Naturalization (becoming a citizen) requires you to be of “good moral character”. Good luck showing you’ve got good moral character if you’ve been convicted of a crime.There are some exceptions – things like minor offenses won’t automatically disqualify you. But for the most part, that criminal record is gonna prevent you from naturalizing.

Getting Detained and Deported

Here’s what we’re all afraid of – getting detained by ICE and deported from the country. Unfortunately, a criminal conviction makes this way more likely. Even if you’ve got a green card or visa, a criminal conviction can start removal proceedings to have you deported.If you’re undocumented, it’s even worse. Any contact with police could lead to ICE finding out about you and deporting you. A criminal conviction just makes it that much easier for them.Basically, if you’re not a citizen, getting convicted gives ICE an easy excuse to kick you out. Not cool.

What Kind of Crimes Are We Talking About?

You’re probably wondering what kind of crimes can get your immigration status messed up. The biggest ones are:

  • Aggravated felonies: Murder, rape, trafficking – you know, the bad stuff.
  • Crimes involving moral turpitude: Things like fraud, theft, and assault. Basically, crimes that show you lack “good moral character”.
  • Multiple convictions: A bunch of misdemeanors or lesser crimes can still get you in trouble.
  • Drug crimes: Even minor drug possession charges can be an issue.

So anything from murder to marijuana – a conviction can create immigration problems. Dang.

Defenses Against Deportation

Let’s say you do get convicted of a crime. Is there anything you can do to prevent deportation? There are a few options:

  • Cancellation of removal: If you’ve been a permanent resident for over 5 years, you may qualify.
  • Asylum: If you can prove you’d be persecuted in your home country, asylum may protect you.
  • Withholding of removal: Similar to asylum, but a higher legal standard to meet.
  • Convention Against Torture relief: If you can show you’d likely be tortured in your home country.

These defenses are hard to win though, so avoiding a conviction in the first place is really important.

Bottom Line

Here’s the deal – if you aren’t a U.S. citizen, getting convicted of a crime can ruin your immigration status. Green cards can be taken away, visas revoked, and deportation proceedings started. Your best bet is to avoid any criminal convictions if possible. But if not, talk to an immigration attorney about potential defenses. 

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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