Immigration and criminal laws create intricate situations for aliens with a criminal record. When a U.S. citizen has a criminal record, securing employment, renting an apartment, and securing loans may be challenging. The consequences are even worse for immigrants. When a non-citizen has a criminal record, their immigration status will be in jeopardy, to add to the above repercussions. Even though the effects of a criminal record on immigrants’ statuses are not broadly understood, they are severe. Read on to find out what they are and how a lawyer can help.

How a Criminal Record Can Affect Your Immigration Status

A criminal record may have severe repercussions on you as an immigrant, impacting your ability to enter the U.S. and your status here. The INA (Immigration and Nationality Act) details how a non-citizen can be deemed deportable or inadmissible because of particular criminal convictions. How a criminal record impacts your status is based on:

  • The type of crime you committed
  • The type of visa you applied for or hold
  • And your current immigration status

Here is how a criminal history can impact various aspects of a non-citizen’s visa situation.

Deportation

If you already live in the U.S., a criminal record can result in deportation. That means after admission into the country, you become liable for deportation because of your criminal conviction. Regardless of how long you have stayed in the country, your immigration status will become precarious after a conviction, possibly resulting in removal.

Inadmissibility

A criminal record can render you inadmissible to the United States. That means the U.S. can deny you a visa or entry into the country. The degree of the implications is usually based on the nature and severity of the offense committed.

Lawful Permanent Residence and Visa Applications

A criminal history could also affect applications for lawful permanent residence and various types of visas. When applying for a visa or lawful permanent residence, you must disclose your criminal record if you have one. A prior conviction can result in your visa application being denied for inadmissibility. This can, in turn, lead to removal, significantly impacting your immigration prospects and intent.

  • Prohibition to naturalization: Specific convictions can prevent you as a green card holder from becoming a United States citizen. This can affect your qualification for naturalization.
  • Removal or deportation: Green card holders are not immune to removal. Suppose you are found guilty of particular offenses within a given period after admission to the United States. In this case, you may face deportation despite holding your lawful permanent residence status.

Additionally, visa applicants or those applying for lawful permanent residence may be inadmissible if they have been found guilty of certain crimes. This could also apply to immigrants within the United States who are applying for adjustment of status.

Effect of Criminal Record on Non-immigrant Visas

If you hold a non-immigrant visa, immigration can revoke it or deny your renewal request if found guilty of particular offenses. Examples of these visas are F-1 (student), B-2 (tourist), or work visa (L-1 or H-1B).

  • Non-renewal or revocation. Immigration can revoke your non-immigrant visa if you are convicted of a crime. This is especially so for crimes related to drug trafficking, drug abuse, or DUI (if it involves aggravating factors). This can, in turn, lead to the requirement to leave the United States.
  • Adjustment of status: Suppose you are a non-immigrant and wish to adjust your status to that of a lawful permanent resident. In this case, immigration may deny your application if you have been subject to a conviction of particular offenses.

A Criminal Record Can Legally Disqualify You From DACA

DACA (Deferred Action for Childhood Arrivals) beneficiaries are not exempt from the immigration repercussions of a criminal record. The DACA grants legal status to undocumented immigrants who entered the U.S. as minors, safeguarding them from removal. It also assists them in acquiring a Social Security number so they can work and access healthcare.

DACA beneficiaries are usually known as Dreamers because they can fulfill their dream of attending college without or with financial aid and scholarships.

The USCIS (United States Citizenship and Immigration Services) oversees the DACA program. After an alien becomes eligible for the DACA program, they need not fear ICE deporting them to a nation that was never their home. The DACA status needs renewal every twenty-four months. Applicants must undergo background checks. The USCIS might deny DACA renewal or application for:

  • Fraud,
  • A criminal conviction,
  • Being a danger to public safety or national security

The USCIS can revoke or deny DACA status if you are guilty of a severe misdemeanor or a felony. Some offenses like speeding or traffic tickets, may not impact your status. Yet other criminal convictions might make DACA beneficiaries vulnerable to removal and other severe legal repercussions.

Types of Criminal Records That Can Impact Your Immigration Status

Not all crimes will result in a criminal record that can impact your immigration status. The INA lists offenses that may render you deportable, inadmissible, and unqualified for a permanent residency or visa application. They include:

  • Aggravated felonies,
  • Crimes of moral turpitude and
  • Multiple convictions with a total sentence of five or more years.

Aggravated Felonies

Aliens found criminally liable for aggravated felonies may face deportation irrespective of when they committed the crime in the country. Aggravated felonies include offenses described as so under California or federal law. Aggravated felonies are crimes that are especially severe, harmful, depraved, or violent. Most of these offenses are the same as CMTs, though they can compromise other violations like:

  • Passport counterfeiting
  • Drug or gun trafficking
  • Fraud
  • Theft
  • Tax evasion

Aggravated felonies also include regular felony violations with aggravating circumstances, including:

  • Amount of injury to the victim
  • Not showing remorse for victims
  • Committing an offense when a minor is present

These factors make what would otherwise be a low-level crime a removable offense. For example, a simple drug possession offense is not deportable. However, when the above factors are present, it can become removable. Many felony-related convictions, even for non-violent crimes, can result in removal and inadmissibility. Thus, if you have any immigrant status, contact an experienced immigration and criminal lawyer if accused. The lawyer can successfully advocate for your interests and protect your rights. 

Crimes That Involve Moral Turpitude

Federal law provides aliens found guilty of moral turpitude crimes may face:

  • Deportation,
  • Inadmissibility, or
  • Denial of immigration status application

The law does not describe a CMT. However, courts define it as behavior or an act violating society's accepted moral standards. Courts usually review convictions based on specific case facts to determine what is and is not a CMT. Some of the crimes considered CMTs generally include:

  • Sexually violent crimes, such as sexual assault and rape
  • Physically violent offenses, including manslaughter, murder, assault, and battery
  • Human trafficking
  • Kidnapping
  • Specific theft offenses
  • Specific drug offenses
  • Domestic violence crimes

If you committed the crime within five years of admission into the country., courts will find the offense deportable. The court will likely consider any of the above violations deportable for lawful permanent residents if they happened within 10 years of their admission into the U.S.

Lastly, removal for CMTs may only occur if the potential prison term is a minimum of 12 months or longer. That does not imply the actual sentence the court imposed must last 12 months or more. It means that, per the law, the sentence has the potential to last 12 months or longer.

High-Speed Chase At Immigration Checkpoints

A conviction for using an automobile to flee or avoid a state or federal officer at an immigration checkpoint could also lead to removal. This specific offense usually happens when a non-citizen entering the country speeds off at the checkpoint or attempts to avoid it altogether.

Federal statutes describe “high speed” as any speed beyond the stipulated lawful limit. Should you be subject to these criminal charges and believe you were driving at a reasonable speed, you need an attorney to defend you. The law is not forgiving when authorities claim you avoided or fled an immigration checkpoint.

Do Not Lie About Your Criminal Record

Transparency is critical as an immigrant, especially concerning your criminal record. United States immigration procedures emphasize integrity and truthfulness. As an applicant, you must provide honest and accurate information about your background. This includes any criminal record and encounters you have had with the police. You must 100% disclose your arrests, charges, convictions, or dismissed cases. Providing honest information enables immigration officers to review an application accurately and fairly.

Lying about or concealing your criminal record will impact your immigration status. If immigration officials discover any kind of dishonesty, they may deny your application. The effect of lying is not limited only to the current situation. It could also lead to a permanent prohibition from enjoying future immigration benefits. These benefits include naturalization and visas. In certain instances, it may even result in criminal prosecution.

You must maintain honesty and disclose your entire criminal record. That is because the repercussions of not doing so can be life-changing, as they may permanently damage your immigration status.

Legal Waivers or Forgiveness for Criminal Convictions

As we have established, a criminal record has severe immigration effects. However, the law grants waivers or forgiveness under given circumstances. A legal waiver is a type of forgiveness the United States government grants aliens. This type of relief helps non-citizens avoid specific inadmissibility or deportable grounds.

Yet, a legal waiver is not an assured solution. Authorities grant it based on the specific case facts. You also want to remember that the government will not grant waivers for particular crimes. These include, without limitation, severe drug violations, murder, or criminal activity involving torture.

The Significance of Attorney Representation in Avoiding a Criminal Record

As a non-citizen, an expert attorney is essential in helping you avoid a criminal record if accused of a crime. This is particularly true if having that criminal record will place you at risk of removal. The attorney will defend your rights and safeguard your future. Their skill in navigating the complex overlap between immigration and criminal law can significantly impact the outcome. Here is how your attorney can help:

  • Contesting the charges against you: Your lawyer can assist in contesting the criminal charges. They will do this by developing a defense tailored to protect your status. Their defense strategy may include negotiating plea bargains. Plea bargains lower charges to lesser ones that have no immigration repercussions. For example, the lawyer may fight for you to avoid CMTs or aggravated felony convictions.
  • Seeking Plea Agreements. Some plea deals may be beneficial in a criminal context but detrimental to immigration status. An experienced attorney knows the significance of avoiding these kinds of plea deals. The lawyer will negotiate favorable terms that will minimize immigration consequences.
  • Advocating for relief. If you face removal, a lawyer can help you obtain relief if it applies. They may, for example, file motions for modifying or vacating a sentence or conviction. If any of the motions are successful, you may not face immigration repercussions for your conviction.

Find a Knowledgeable Immigration Attorney Near Me

A criminal record presents serious challenges for U.S. non-citizens. No matter how minor, criminal charges can impede a non-citizen's life in the United States. That is because they may result in a criminal record that may lead to removal or inadmissibility. Or, they may lead to loss of legal status and denial of immigration benefits. These consequences underscore the importance of seeking expert legal help to defend yourself if you are accused.

Safeguarding your immigration status with skilled defense is not all about legal strategy. It is a critical part of protecting your American Dream. At Orange County Immigration Attorney, we are ready to help you prove your innocence. We will also help you defend your right to stay in the United States. We understand the laws and devote ourselves to advocating for our clients' interests. Call us at 714-909-0426 for a free consultation and case evaluation. We will help you avoid a conviction that may affect your living in the United States.