How a Criminal Charge Can Affect Your Immigration Status in Florida
For non-citizens, even a minor experience with the criminal justice system has potentially significant immigration consequences. Many immigrants are surprised to discover that a charge, an arrest, or a plea bargain, sometimes even for a relatively minor offense, has immigration consequences. It is very important to understand the connection between criminal cases and immigration law to secure your future in the United States.
Criminal charges and immigration consequences
Certain crimes are treated much more seriously under U.S. immigration law than others. Some crimes can trigger removal proceedings, prevent you from seeking any kind of lawful status, or make you ineligible for any kind of relief such as asylum or cancellation of removal proceedings.
Some crimes commonly linked to immigration consequences include:
- Drug crimes
- Crimes involving moral turpitude (such as fraud or theft)
- Domestic violence crimes
- Firearms crimes
- Aggravated felonies
However, the definition of an “aggravated felony” under immigration law is not as clear as most people think. The definition does not always align with Florida’s definition of an aggravated felony.
Arrests, charges, and convictions: What Matters?
While not all arrests have immigration consequences, convictions often do. Even an arrest or an admission of certain behavior can cause serious problems. Immigration judges can consider police reports, charging papers, and/or plea agreements when making their decisions about you.
Plea bargains are another area of concern. A good plea bargain in criminal court, such as time served or probation, can be disastrous in immigration court. Once you enter a plea, it can be virtually impossible to reverse the consequences in immigration court.
Immigration holds and removal proceedings
Sometimes, a criminal arrest can result in an immigration detainer or “hold,” which enables federal immigration authorities to take custody of an individual once criminal proceedings are complete.
For those individuals currently within removal proceedings, a new criminal charge can eliminate any chance of relief that would allow them to remain within the United States.
Defenses, waivers, and legal options
The good news is that not all criminal problems lead to automatic deportation. In fact, depending on the circumstances of the case, there may be defenses or strategic options available. In some circumstances, charge reductions or dismissals, or even well-negotiated pleas, can minimize immigration problems if handled properly from the outset.
That’s why it’s so important for there to be cooperation between criminal defense attorneys and immigration lawyers. In fact, the outcome of a criminal case early on can be what decides whether or not your immigration status can be preserved.
Why early legal advice is essential
Waiting until after a conviction to consider immigration consequences is too late. If you are a non-citizen facing criminal charges, or have already been charged or convicted of a crime, seeking advice immediately can help protect your rights and increase your opportunities.
Talk to a Miami, FL, Immigration Attorney Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants seeking to stay and work in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.