As an immigrant in a new country facing criminal charges, the stakes couldn’t be higher. Your future and the future of your loved ones hangs in the balance.
A criminal charge can severely affect your immigration status, potentially affecting your ability to stay in the country. Because of this, it’s essential to understand the potential impact of a criminal charge on your immigration status and take steps to protect yourself.
This article will explore how a criminal charge can impact your immigration status, what types of charges are particularly concerning, and what steps you can take to defend yourself.
The Basics of U.S. Immigration Status
There are several categories of immigration status, including permanent residents, temporary workers, refugees, and asylees. Each category has its own requirements, benefits, and limitations.
For example, permanent residents have the right to live and work in the country indefinitely, while temporary workers are only allowed to stay for a limited period of time.
A person’s immigration status determines their rights and responsibilities in the country. It can be affected by various factors, including their visa status, compliance with immigration laws and regulations, and any criminal charges or convictions they may have.
How a Criminal Charge Can Impact Your Immigration Status
A criminal charge can impact your immigration status in two ways: making you inadmissible to the country or deportable (8 U.S.C. § 1227). Inadmissibility means that you are not allowed to enter the country, while deportability means you can be forced to leave.
Inadmissibility
Certain criminal charges can make you inadmissible to the country.
Inadmissibility is determined by the Immigration and Nationality Act (INA) and includes a wide range of offenses, such as:
- Crimes involving moral turpitude (CIMT), which generally include crimes that involve dishonesty or violence
- Drug charges
- Prostitution and commercialized vice
- Human trafficking
- Money laundering
- Espionage and sabotage
- Terrorism
You may be inadmissible to the country if you are charged with a CIMT, a drug offense, or any other offenses listed above. This means you will not be allowed to enter the country or adjust your status to a lawful permanent resident. Inadmissibility waivers are available in some cases, but they can be difficult to obtain.
Deportability
If you are already in the country and are charged with a criminal offense, you may be deportable if you are convicted of certain offenses.
Deportability is also determined by the INA and includes offenses such as:
- Aggravated felonies, which include a wide range of offenses such as murder, rape, and drug trafficking
- Crimes involving moral turpitude (CIMT), as mentioned earlier
- Firearms offenses
- Domestic violence offenses
- Drug offenses
- Violations of immigration laws
If you are convicted of an aggravated felony or any of the other offenses listed above, you may be deportable. This means that you can be forced to leave the country and may not be allowed to return.
Protecting Your Immigration Status
If you are facing criminal charges, there are steps you can take to protect yourself and your immigration status.
Here are a few things to keep in mind:
- Hire a qualified criminal defense attorney. A qualified criminal defense attorney can help you understand the charges against you and the potential consequences for your immigration status. They can also help you build a strong defense and negotiate a plea deal if necessary.
- Be honest with your attorney. It’s essential to be honest with your attorney about your immigration status and any previous criminal convictions. This information can help your attorney build a more robust defense and may affect the offered plea deal.
- Consider the immigration consequences before pleading guilty. If you are offered a plea deal, it’s essential to consider the immigration consequences before accepting it. A plea deal that may seem like a good deal on its own may have severe implications for your immigration status.
- Seek post-conviction relief. If you have already been convicted of a criminal offense, there may be options for seeking post-conviction relief. This can include appealing your conviction or seeking a pardon or clemency from the governor or president. Post-conviction relief can sometimes help you avoid the immigration consequences of a criminal conviction.
- Understand your rights. As an immigrant, knowing your rights is vital if you are arrested or detained by law enforcement. You have the right to remain silent and to speak with an attorney, regardless of your immigration status. It’s essential to exercise these rights to protect yourself and your immigration status.
Facing criminal charges can be a challenging experience, especially when your immigration status is at risk. But by taking action early, you may be able to make a difference in your case.
Get the Legal Help You Need
A criminal charge can have serious consequences on your immigration status. Certain criminal charges can make you inadmissible to the country, while others can make you deportable. If you are facing criminal charges, it’s important to protect yourself and your immigration status.
This includes hiring a qualified Minneapolis criminal defense attorney to defend you against the charges. The experienced criminal defense attorneys at Martine Law can fight for you and achieve the best possible outcome. Call today for a consultation.
El presente contenido es para propósitos informativos y no constituye asesoría legal. The previous content is for information purposes and does not constitute legal advice.