For immigrants living in the United States, criminal charges can result in consequences that are far more serious and consequential than fines or jail time. A conviction, or even an arrest in some cases, can directly impact an individual’s immigration status, leading to deportation, denial of benefits, or difficulties obtaining permanent residency or citizenship.
Most broadly, crimes involving moral turpitude are among the most significant threats to immigration status. These offenses are generally defined as acts that demonstrate dishonesty, fraud or intent to cause serious harm to another person. Examples include theft, burglary, assault with intent to cause injury and fraud-related crimes. While a single misdemeanor may not always trigger removal proceedings, multiple convictions or a more serious offense often can.
Immigration law does not clearly define every crime of moral turpitude, which can leave immigrants vulnerable to interpretation and uncertainty. Some other types of crime, however, are almost certain to result in immigration consequences in the event of a conviction.
Serious alleged offenses, serious potential immigration consequences
Drug-related charges are often risky in this regard. Convictions for drug possession, trafficking or distribution can make an immigrant deportable and inadmissible for future entry into the country. Even minor charges, such as possession of small amounts of an illicit substance, can result in serious immigration complications. In fact, admitting to drug use without a conviction can sometimes be enough to create barriers to lawful status. Immigration law makes very limited exceptions for first-time simple possession charges, and even then, the consequences can be long-lasting.
Violent crimes and aggravated felonies are also particularly concerning. The term “aggravated felony,” in immigration law terms, refers not only to violent crime, but also offenses such as certain theft or fraud concerns, depending on the length of the sentence imposed. A conviction for an aggravated felony almost always results in removal and bars many forms of relief, including asylum or cancellation of removal. Even lawful permanent residents can lose their green cards if convicted of one of these crimes.
In addition to specific categories of crimes, multiple convictions of almost any kind can be problematic. Immigration law allows for deportation if a person is convicted of two or more offenses with combined sentences of five years or more. Even if the offenses themselves do not fall into the categories of moral turpitude or aggravated felonies, the accumulation of charges can still threaten immigration status.
Because the overlap between criminal law and immigration law is complex, immigrants facing charges should seek legal guidance immediately. There is simply too much at stake to delay.