How Criminal Charges Can Impact Your Immigration Status

Criminal charges create a complex web of consequences that extend far beyond the courtroom. For immigrants, non-citizens, and those seeking to build their lives in the United States, even minor criminal offenses can trigger devastating immigration consequences that may result in deportation, visa denials, or permanent separation from family.

The intersection of criminal law and immigration law—known as "crimmigration"—has become increasingly complex and unforgiving. What might seem like a minor conviction to someone unfamiliar with immigration law can actually serve as grounds for removal from the United States. Understanding these potential consequences is crucial for anyone navigating the immigration system or facing criminal charges.

One team is here to help you understand how different types of criminal charges can impact your immigration status, what relief options may be available, and why seeking experienced legal counsel is essential for protecting your future in North Alabama.

Understanding Deportable Offenses

Under U.S. immigration law, certain criminal convictions make individuals deportable, regardless of how long they have lived in the United States or their ties to the community. Deportable offenses fall into several categories, each carrying specific consequences and varying degrees of severity.

The Immigration and Nationality Act (INA) outlines these categories clearly, but the application of these laws can be complex. Even lawful permanent residents who have held green cards for decades can face deportation proceedings if convicted of certain crimes. The key factor is not the sentence received, but rather the nature of the offense itself.

Aggravated Felonies: The Most Serious Immigration Consequences

Despite the name, "aggravated felonies" under immigration law don't always require that an offense be either aggravated or a felony under state law. This immigration-specific category includes a broad range of offenses that trigger some of the harshest consequences in immigration law.

Examples of aggravated felonies include murder, rape, sexual abuse of a minor, drug trafficking, firearms trafficking, money laundering, fraud involving more than $10,000, tax evasion with a loss exceeding $10,000, and theft or burglary with a sentence of at least one year. Additionally, crimes of violence with sentences of at least one year are considered aggravated felonies.

Individuals convicted of aggravated felonies face mandatory detention during removal proceedings, are generally ineligible for most forms of relief from removal, and are permanently barred from returning to the United States. These consequences apply even if the underlying state conviction was later expunged or reduced.

Crimes Involving Moral Turpitude

Crimes involving moral turpitude (CIMT) are offenses that involve conduct that is inherently base, vile, or depraved, contrary to accepted moral standards. While this definition may seem subjective, immigration courts have developed specific guidelines for determining which offenses qualify.

Common examples include fraud, theft, domestic violence, assault with intent to cause serious bodily harm, and sexual offenses. However, the specific elements of the offense and the jurisdiction's definition matter significantly in making this determination.

The "two-crime rule" applies to CIMTs: if an individual is convicted of two or more CIMTs not arising from a single scheme of criminal conduct, they become deportable regardless of the sentences imposed. Additionally, a single CIMT conviction within five years of admission to the United States can trigger removal proceedings if the maximum possible sentence is one year or more.

Drug-Related Offenses and Immigration Consequences

Drug-related convictions carry particularly severe immigration consequences. Any controlled substance violation, except for a single offense involving possession for personal use of 30 grams or less of marijuana, makes an individual deportable.

This includes not only trafficking and distribution charges, but also simple possession of most controlled substances. Even state-level marijuana convictions can trigger federal immigration consequences, despite changing attitudes toward marijuana legalization in many states.

Drug convictions also make individuals inadmissible, meaning they cannot obtain visas, green cards, or other immigration benefits without a waiver. The immigration consequences often far exceed the criminal penalties, making it crucial to understand these implications before accepting any plea agreement.

Domestic Violence and Related Offenses

Domestic violence convictions create significant immigration consequences under multiple categories of deportable offenses. These may qualify as crimes involving moral turpitude, crimes of violence (potentially aggravated felonies), or specific domestic violence deportable offenses.

Related offenses such as stalking, child abuse, and violations of protective orders also carry immigration consequences. Additionally, individuals convicted of domestic violence offenses are prohibited from possessing firearms, which can create additional federal criminal exposure.

The definition of domestic violence for immigration purposes is broad and includes offenses committed against current or former spouses, persons with whom the defendant has a child in common, and persons who have cohabited with the defendant as a spouse.

Impact on Green Card Holders

Lawful permanent residents (green card holders) face unique vulnerabilities when charged with crimes. While they have more protections than temporary visa holders, certain convictions can still result in deportation proceedings, even after decades of lawful residence.

Green card holders convicted of aggravated felonies, CIMTs, or controlled substance violations may be placed in removal proceedings. However, they may have access to certain forms of relief that are unavailable to other categories of immigrants, such as cancellation of removal for lawful permanent residents.

The timing of convictions matters significantly. Convictions occurring within five years of admission may have more severe consequences, and certain relief options require minimum periods of lawful residence.

Consequences for Visa Holders

Non-immigrant visa holders face immediate consequences from criminal charges, often before any conviction occurs. Arrests alone can impact visa renewals, status changes, and future immigration applications.

Student visa holders may lose their status due to criminal charges, even if they maintain enrollment. Work visa holders may find their employment authorization revoked. Tourist visa holders may be barred from future entries.

Any criminal conviction makes non-immigrant visa holders deportable and typically results in immediate removal proceedings with limited opportunities for relief.

Impact on Asylum Seekers and Refugees

Individuals seeking asylum or refugee status face particularly complex consequences from criminal charges. Certain convictions can bar eligibility for asylum entirely, while others may be overcome with strong evidence of persecution.

The "particularly serious crime" bar prevents individuals convicted of serious crimes from receiving asylum or withholding of removal protection. Aggravated felonies are presumptively considered particularly serious crimes, though this presumption may be rebutted in some cases.

Additionally, asylum seekers must demonstrate good moral character, which can be compromised by criminal convictions.

Available Waivers and Relief Options

Despite the harsh consequences outlined above, several forms of relief may be available depending on the specific circumstances:

Cancellation of removal allows certain long-term residents to avoid deportation by demonstrating exceptional hardship to qualifying family members. Waivers of inadmissibility may be available for certain grounds, particularly for individuals with qualifying U.S. citizen or permanent resident family members.

The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, and U-visas offer relief for victims of certain crimes who cooperate with law enforcement. Asylum and withholding of removal remain available for those facing persecution, even with some criminal history.

The Critical Importance of Experienced Legal Counsel

The intersection of criminal and immigration law requires specialized knowledge that most attorneys don't possess. Working with both a criminal defense attorney who understands immigration consequences and an immigration attorney experienced in crimmigration matters is essential.

Immigration consequences must be considered before accepting any plea agreement, as these decisions can have permanent and irreversible effects on your ability to remain in the United States. Post-conviction relief may be available in some cases, but prevention is always preferable to attempting to fix problems after they occur.

Protecting Your Future in America

Criminal charges don't have to end your American dream, but they require immediate and strategic legal intervention. Understanding the potential immigration consequences of criminal charges is the first step in protecting your future and that of your family.

At La Raza Legal, we specialize in the intricate and challenging field of crimmigration, offering expert legal services for immigrants facing criminal charges. Aware of the dual impact that criminal offenses can have on immigration status, our team is committed to providing comprehensive support and defense strategies tailored to your unique circumstances.

Don't face these complex legal challenges alone. Contact La Raza Legal today or call us at 256.272.1221 to schedule a consultation and learn how we can help protect your immigration status while addressing your criminal defense needs. Your future in America may depend on the decisions you make today.