Will a Criminal Conviction Affect My Immigration Status?
Being convicted of a crime as a non-citizen can lead to serious consequences, including the loss of immigration benefits, deportation, or being placed into removal proceedings. In addition, you may become ineligible for permanent residency or citizenship, face jail time, or be fined. However, the impact on your immigration status depends largely on the type of crime committed.
Types of Crimes That Impact Immigration Status
There are specific crimes that may affect your immigration status. These include “crimes of moral turpitude” and “aggravated felonies.” Generally, U.S. immigration law imposes harsher penalties on non-citizens convicted of aggravated felonies or controlled substance offenses compared to those convicted of other crimes.
Crimes of Moral Turpitude Explained
The term “crime of moral turpitude” is not clearly defined under the law. Nevertheless, immigration officials and judges rely on case law to classify certain crimes as involving moral turpitude. Essentially, these crimes involve intent to cause harm or commit fraud, and they are considered shocking to public morality.
Examples of Crimes of Moral Turpitude
Some common examples of crimes that fall under moral turpitude include:
- Aggravated assault
- Incest
- Murder
- Rape
- Spousal or child abuse
- Kidnapping
- Robbery
- Burglary
- Theft
- Fraud
Conspiring to commit a crime or acting as an accessory in certain cases can also qualify as moral turpitude.
What Are Aggravated Felonies Under Immigration Law?
U.S. immigration law also categorizes certain offenses as aggravated felonies, which often result in severe consequences. These crimes, even if classified as misdemeanors under state law, can lead to deportation and permanent bars from re-entry into the U.S.
Common Examples of Aggravated Felonies
Examples of aggravated felonies include:
- Drug trafficking
- Firearms trafficking
- Sexual abuse of a minor
- Murder
- Rape
- Fraud involving over $10,000
- Certain theft or violent crimes
Non-citizens convicted of these crimes typically face automatic deportation with limited options for relief.
Who Determines Whether a Crime Is One of Moral Turpitude?
Immigration officials and judges are responsible for determining whether a crime qualifies as one of moral turpitude. They assess the circumstances of the case, the intent involved, and the wording of the penal code or statute in question. Case law also provides important guidance in these determinations.
Defending Your Immigration Status After a Conviction
It is possible to defend your immigration status even after a criminal conviction. One approach is to argue that the crime does not qualify as a crime of moral turpitude or an aggravated felony. This defense often hinges on the specific language of the statute under which you were charged.
How Can an Attorney Help?
Working with an experienced immigration attorney can improve your chances of successfully defending against deportation. Your attorney will analyze the legal language in your case and help build a solid defense.
Can You Apply for a Green Card After a Conviction?
Even after a conviction, you may still be able to apply for or renew a green card. In some cases, non-citizens can qualify for a 212(h) waiver, which allows them to apply for a green card despite having committed a crime of moral turpitude.
Qualifications for a 212(h) Waiver
To qualify for a 212(h) waiver, you must meet the following conditions:
- You do not pose a threat to national security.
- You have not been convicted of an aggravated felony.
- You have lived in the U.S. for at least seven continuous years before the deportation case was brought against you.
If you meet these criteria, you may still pursue permanent residency.
Consequences of a Criminal Conviction on Immigration Status
Criminal convictions can have lasting effects on your immigration status, including deportation. Deportation may separate you from your family and your life in the U.S. Certain convictions also make you ineligible for immigration benefits such as asylum, temporary protected status (TPS), or visa extensions.
Why Hiring an Immigration Attorney is Crucial
Defending your immigration status after a criminal conviction is complex, but an experienced attorney can help you navigate the legal process. They will review the details of your case, explain your options, and create strategies to avoid deportation or other severe consequences.
If you’re facing deportation due to a criminal conviction, it is crucial to seek legal assistance immediately. Immigration laws are complicated, but with professional help, you can work toward the best possible outcome.
Contact Us for Legal Help
Concerned about how a criminal conviction might affect your immigration status? Call our office at (310) 943-1171 or email us at [email protected] to schedule a free consultation with our immigration attorney. We will help you explore your options and work to achieve the best possible outcome for your case.