Criminal Charges and Immigration Status: What Noncitizens Need to Know

If you are a non-U.S. citizen, even a “minor” criminal charge can lead to significant consequences. It is common for individuals to believe that as long as a charge does not result in a jail sentence or a plea agreement, then it is simply a matter of closure. This is simply untrue for non-citizens, such as green card holders, visa holders, and illegal immigrants.

Here is an explanation of the risks associated with criminal charges for noncitizens, and what you can do to protect your status.

Why criminal cases are different for noncitizens 

Immigration law and criminal law often intersect in a way that is difficult to understand and can be quite harsh. In most cases, immigration agencies do not only concentrate on whether you have been sentenced to jail time, they also consider:

• The specific charge
• The actual wording of the law
• The final conviction or plea
• Whether the crime is deemed “deportable” or “inadmissible”

This means while the resolution may appear “good” in criminal court, it can be very negative in immigration court.

Immigration consequences can happen even without a conviction

One common misconception is that immigration consequences are relevant after a conviction. Although conviction is often the greatest concern, immigration consequences can stem from:

• Arrests or pending charges
• Statements made during admissions or statements made to law enforcement personnel
• Certain dispositions can still be considered a conviction
• Violations of probation or court orders

Even if a matter is dismissed at a later date, it can cause complications.

Charges that can lead to deportation or inadmissibility 

There are some types of crimes that pose a particular danger for non-citizens. These include: 

• Crimes involving moral turpitude – Offenses can include theft, fraud, or intent to harm. The definition is wide and can require expert interpretation of the law.

• Offenses involving controlled substances – Drug charges rank among the most serious in terms of deportation and ineligibility for green card status.

• Aggravated felonies – Despite the name, an “aggravated felony” in immigration law does not necessarily mean a felony in state law. An aggravated felony can lead to automatic deportation and leaves very little room for defense.

• Domestic violence offenses – In some cases, there may be allegations related to domestic violence, stalking, or violating protective orders. Such allegations could result in immigration consequences.

How plea deals can create unexpected problems

Many cases involving criminal charges result in a plea agreement. In the case of U.S. citizens, a plea agreement may be a means of resolving a case quickly. However, in the case of noncitizens, a plea agreement can be a trap if the consequences of deportation are not taken into consideration.

For instance, pleading guilty to a charge that may appear petty could still result in a person being sentenced. Copping a plea could:

• Make you deportable
• Prevent you from obtaining a green card
• Bar you from naturalization
• Trigger detention

It is for these reasons that it is essential that your defense attorney understands the implications of your case in terms of your immigration. Your defense attorney should be working in concert with your immigration lawyer. 

Talk to a Miami, FL, Immigration Attorney Today 

The Law Office of Wilfredo O. Allen, Esq. represents the interests of those looking to immigrate to the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.