Last Updated on: 15th October 2023, 09:35 am

The Complex Immigration Consequences of Criminal Charges

Immigrants accused of crimes face overwhelming consequences. Even minor crimes can lead to deportation, visa denials, and other serious immigration penalties. Understanding how criminal charges impact immigration status is crucial for achieving the best outcome.

How Crimes Impact Immigration

Any criminal conviction can affect an immigrant’s ability to enter the U.S., stay in the U.S., become a citizen, or secure other immigration benefits. However, not all crimes are treated equally under immigration law. Some of the most serious consequences are triggered by:

• Crimes involving moral turpitude
• Aggravated felonies
• Controlled substance offenses
• Firearms offenses
• Domestic violence crimes

Even minor crimes like petty theft or simple assault can be deemed “crimes involving moral turpitude,” leading to deportation and other penalties. Drug possession, firearm offenses, and certain theft and fraud crimes are classified as “aggravated felonies” – triggering mandatory detention and deportation.

In other cases, multiple convictions for minor crimes can show a “pattern of criminal activity” leading to deportation. Simply being accused of a crime is enough to bar admission to the U.S. in many cases.

Immigration Consequences of Specific Crimes

Drug Crimes

Almost any drug conviction except simple possession of 30g or less of marijuana can lead to deportation and visa denials. Drug trafficking offenses and repeated possession offenses are aggravated felonies leading to mandatory detention and deportation. Even expunged or juvenile drug convictions can count.

Theft and Fraud Crimes

Theft and fraud offenses involving loss over $10,000 are aggravated felonies. Other theft/fraud convictions may be crimes of moral turpitude. Tax crimes, identity theft, forgery, racketeering and money laundering often lead to immigration penalties.

Violent Crimes

Murder, rape, sexual abuse, kidnapping, child abuse, spousal abuse and some assault offenses are aggravated felonies. Simple assault may be a crime of moral turpitude if it involves reckless conduct and injury.

Firearms Offenses

Nearly any firearms offense is an aggravated felony, including possession of an unregistered firearm, possession by a prohibited person, sale to a prohibited person, etc. Firearms convictions result in mandatory deportation.

DUI and Traffic Offenses

Multiple DUIs or a single DUI with injury to persons or property can be aggravated felonies. Even minor traffic offenses like driving without a license can be deportable if there are multiple convictions.

Avoiding Immigration Consequences

The immigration impact of a criminal case depends on the specific charges, the plea, and the sentence. An experienced criminal defense attorney considers immigration consequences at every stage. Common strategies include:

• Avoiding charges that trigger deportation grounds
• Plea bargaining to lesser charges
• Getting charges dismissed through diversion or deferred adjudication
• Avoiding sentences that trigger removal, like 1 year for aggravated felonies

Immigration-safe pleas avoid aggravated felony convictions, crimes of moral turpitude, and other removable offenses. Getting felony charges reduced to misdemeanors and pleas without jail time are often immigration-safe.

Seeking Post-Conviction Relief

It may be possible to reopen a criminal case after conviction to change the plea, vacate charges, or modify the sentence to avoid immigration penalties. Common forms of post-conviction relief include:

• Motions to withdraw guilty plea
• Appeals and habeas corpus petitions
• Motions to vacate judgment
• Governor’s pardon
• Record expungement

When successful, post-conviction relief can eliminate grounds of deportation and allow keeping lawful status. However, it is complex and time-sensitive.

Fighting Deportation After Conviction

If criminal charges do trigger deportation, an immigration attorney can help fight removal and keep lawful status. Defenses and relief options include:

• Contesting removability
• Cancellation of removal for permanent residents
• 212(h) waiver for crimes of moral turpitude
• Prosecutorial discretion requests
• VAWA, U visa, T visa for victims of crimes

Winning these cases requires extensive evidence of rehabilitation, family ties, and hardship. The immigration lawyer’s role is critical.

Takeaways

• All immigrants with criminal charges need experienced criminal and immigration attorneys
• Minor crimes can trigger deportation – don’t assume a plea is “safe”
• Aggravated felonies and moral turpitude crimes have severe consequences
• Work the criminal case to avoid immigration penalties
• Act quickly if charges do cause deportability
• Post-conviction relief and deportation waivers are complex but can help

The stakes are high when facing criminal charges and immigration penalties. Early involvement of skilled criminal and immigration lawyers offers the best chance to avoid devastating consequences.

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