Navigating the legal system as an immigrant can be overwhelming, especially when criminal charges are involved. As a criminal defense attorney with a background in immigration law, I’ve seen how these two areas intersect in ways that can deeply affect lives. In this post, I want to share my insights on how immigration and criminal defense intersect, the potential repercussions for immigrants charged with crimes, and why having a knowledgeable attorney by your side is crucial.
Immigration can become extremely complicated if an immigrant faces criminal charges. Even minor charges can have serious consequences on an individual’s immigration status, potentially affecting their ability to stay in or re-enter the United States.
What Happens If an Immigrant is Charged with a Crime?
When an immigrant, whether documented or undocumented, is charged with a crime, the consequences can extend far beyond the immediate penalties. The U.S. immigration system categorizes crimes into different levels of severity, and the nature of the charge can determine the impact on an individual’s immigration status.
- Deportation and Removal Proceedings: Criminal charges can trigger deportation or removal proceedings. Certain crimes, especially those classified as “crimes involving moral turpitude” or aggravated felonies, can lead to mandatory detention and deportation without the possibility of relief.
- Inadmissibility: Even if deportation isn’t on the table, a criminal conviction can render an immigrant inadmissible. This means they can’t re-enter the United States if they travel abroad, or they may be barred from adjusting their status to become a lawful permanent resident.
- Loss of Immigration Benefits: Criminal charges can result in losing benefits like Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or eligibility for asylum.
How the Severity of the Crime Matters
The severity of the crime significantly affects the immigration consequences. For instance:
- Misdemeanors vs. Felonies: Generally, felonies have more severe immigration consequences than misdemeanors. However, multiple misdemeanors can also cause serious issues.
- Aggravated Felonies: This category includes a range of crimes, from violent offenses to certain fraud-related charges. Being convicted of an aggravated felony in Minnesota will likely result in deportation and can permanently bar re-entry to the United States. Additionally, such convictions can severely limit the possibility of obtaining any form of relief from removal.
- Crimes Involving Moral Turpitude (CIMT): These are crimes considered morally reprehensible and can include offenses like theft, fraud, and certain violent crimes. Even a single CIMT can lead to deportation if it was committed within five years of entering the U.S. and resulted in a sentence of one year or more.
Impact on the Citizenship Journey
For immigrants on the path to citizenship, a criminal charge can be a significant obstacle. The naturalization process requires applicants to demonstrate “good moral character” for a specific period before applying. A criminal conviction, especially for serious crimes, can disqualify an applicant from becoming a U.S. citizen.
- Extended Residency Requirements: A criminal charge can extend the residency requirement period needed to demonstrate good moral character. For example, a DUI conviction might necessitate an additional five years of good behavior before one can apply for citizenship.
- Permanent Bars to Citizenship: Certain convictions can permanently bar an individual from obtaining U.S. citizenship. These typically include aggravated felonies and certain other serious crimes.
The Importance of a Knowledgeable Attorney
Given the complexities and severe consequences of criminal charges on immigration status, it is crucial to work with a criminal defense attorney who understands the intersection of criminal and immigration law. Here’s why:
- Knowledge in Both Areas: A knowledgeable attorney can provide a comprehensive defense strategy that considers both the criminal and immigration implications, ensuring that any plea bargains or defense strategies do not inadvertently jeopardize immigration status.
- Navigating Legal Nuances: The nuances of how criminal charges are classified and their impact on immigration status require a deep understanding of both legal areas. An attorney with experience in both fields can navigate these complexities more effectively.
- Protecting Immigration Status: By understanding the potential immigration consequences of different criminal charges, an experienced attorney can help protect an individual’s immigration status and future opportunities.
What to Do as an Immigrant if You Are Charged with a Crime
If you are an immigrant and find yourself charged with a crime, it is vital to take immediate steps to protect your rights and your future:
- Seek Legal Counsel Immediately: Contact an attorney who focuses on criminal defense but has a deep knowledge of the immigration system. Early intervention can make a significant difference in the outcome of your case.
- Do Not Plead Guilty Without Legal Advice: Pleading guilty to certain charges can have irreversible immigration consequences. Always consult with your attorney before making any decisions.
- Be Honest with Your Attorney: Provide all necessary information to your attorney so they can build the best defense strategy for your unique situation.
- Stay Informed: Understanding your rights and the potential consequences of your charges is crucial. Ask your attorney to explain the legal process and what to expect.
Navigating the intersection of immigration and criminal defense is complex and fraught with potential pitfalls. As someone with experience in both areas, I am here to help you understand and manage these challenges. If you or a loved one is facing criminal charges and you are concerned about the impact on your immigration status, please get in touch with me as soon as possible.
