How a Criminal Conviction Impacts Your Immigration Status

In some cases, just being charged with a crime can lead to immigration consequences.

How a Criminal Conviction Impacts Your Immigration Status

Immigration has been a hot topic in the news lately, with politicians battling it out over policies and states such as California debating becoming a “sanctuary state.” One important aspect of the debate has focused on the number of immigrants in the United States who have criminal records, which raises an important question: if you are a non-citizen, will you be deported if you are convicted of a crime?

Under United States immigration law, there are certain categories of crimes that will lead to the deportation of a non-citizen, regardless of the person’s status as a green card holder or if the person has well-established ties to the United States. These crimes are known as deportable crimes. There are also crimes that can make a non-citizen inadmissible, which means that he or she will not be able to re-enter the country after leaving, become a U.S. citizen, or apply for a change in status from illegal to legal. There are also some crimes that can lead to deportation even before you are convicted. Understanding these categories of crimes is incredibly important to protect your immigration status and to prevent deportation. An experienced California criminal defense attorney can also help you understand your options if you are a non-citizen who has been charged with a crime.

Deportable Crimes

Under the law, not every criminal conviction will lead to deportation. Instead, it is only certain crimes that will make a non-citizen subject to deportation. They fall into five broad categories:

  • Crimes of moral turpitude: this is usually involves crimes of dishonesty, fraud, or antisocial behavior that harms others. It may include arson, forgery, burglary, kidnapping, and repeated felony convictions for driving under the influence of alcohol or drugs. To be deportable, you must be convicted of a crime of moral turpitude for which a sentence of 1 year or longer may be imposed, within 5 years of being admitted to the U.S., or convicted of 2 or more crimes or moral turpitude that did not result from a single criminal scheme.
  • Aggravated felonies: these are more serious crimes, such as murder, rape, sexual abuse of a minor, running a prostitution business, and serious theft and fraud crimes.
  • Drug offenses: almost any drug crime, other than simple possession of marijuana under 30 grams, can lead to deportation.
  • Firearms offenses: almost any firearm offense can also lead to deportation.
  • Domestic violence crimes: if you are convicted of domestic violence — including violating a restraining order or child abuse — you can be deported.

Inadmissible Crimes

As discussed above, if you are convicted of certain crimes, you may be deemed inadmissible for purposes of U.S. immigration law. These crimes include:

  • Crimes of moral turpitude
  • Drug crimes
  • Multiple criminal convictions: if you have been convicted of 2 or more crimes, and all of the sentences for these crimes add up to 5 years or more, you can be deemed inadmissible.

You can also be deemed inadmissible or deportable if you are simply charged with a crime — without even being convicted for the crime. This may occur if you came to the U.S. to engage in prostitution, if you are involved in drug trafficking or if you are a drug addict or abuser.

If you have been charged with a criminal offense as a non-citizen, you will need a highly-skilled California criminal defense attorney to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you. We will aggressively pursue all factual and legal defenses to your charge to protect your rights, freedom and ability to stay in the U.S. Initial consultations are always free!

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