Navigating the U.S. immigration system is a complex process, and criminal convictions can further complicate an individual’s path to legal residency or citizenship. For non-U.S. citizens, a criminal record doesn’t just result in legal repercussions; it can have significant implications for their immigration status.
The U.S. immigration system has strict guidelines about who can enter and stay in the country, and criminal convictions are among the most severe red flags. Convictions for certain crimes make non-citizens subject to deportation (removal) proceedings. Additionally, certain types of criminal records can result in inadmissibility. This means that an individual could be barred from entering the U.S. or denied the ability to adjust their status to become a permanent resident (green card holder).
Crimes of moral turpitude (CMTs)
Crimes involving moral turpitude (CMTs) are offenses that are viewed as inherently evil or morally reprehensible, such as:
- Theft
- Fraud
- Violence
Even a single conviction for a CMT can make a person inadmissible or deportable, depending on:
- The nature of the offense
- The sentence
- The time since the offense occurred
Multiple CMT convictions typically result in deportation. Cancellation of removal may be available to long-term residents with clean records outside of the qualifying offense. Waivers are also available in certain cases, especially if the individual’s family members are U.S. citizens or lawful permanent residents who would suffer extreme hardship if the immigrant were deported.
Aggravated felonies
In immigration law, the term aggravated felony has a specific legal meaning and includes crimes like:
- Murder
- Drug trafficking
- Serious fraud
For immigrants, an aggravated felony conviction is one of the most severe offenses, as it almost always results in deportation and can bar an individual from most forms of immigration relief, such as asylum.
Drug-related offenses
Drug convictions, including simple possession, often lead to serious immigration consequences. Any drug offense can make a person deportable or inadmissible.
Domestic violence, stalking and child abuse convictions
Convictions related to domestic violence, stalking or child abuse carry substantial immigration consequences and can render an individual deportable. These convictions often reflect poorly on an immigrant’s moral character, impacting eligibility for naturalization. To qualify for naturalization, applicants must prove good moral character, generally for the five years preceding their application.
A criminal conviction can have profound effects on an individual’s immigration status, potentially creating barriers to remaining in or entering the U.S. For individuals facing immigration consequences related to a criminal conviction, it’s crucial to seek legal support to assess eligibility for relief options accordingly.