When you’re navigating life in the United States as a non-citizen or immigrant family, any interaction with the criminal justice system can feel overwhelming and confusing. Unfortunately, criminal charges can have serious consequences for your immigration status, potentially disrupting your life and future plans. At Basseliz Law Group, we’re here to help shed some light on this critical topic and provide guidance to those facing these situations.
Criminal Convictions and Immigration Status
For immigrants in the United States, criminal convictions can impact your ability to remain in the country, adjust your legal status, or even reunite with loved ones. Whether you hold a green card, are applying for a visa, or are undocumented, it’s essential to understand how the intersection of criminal law and immigration law could affect you.
Deportation Risks
One of the most immediate and serious risks of a criminal conviction is deportation, also referred to as “removal.” Under U.S. immigration law, certain criminal offenses, known as “deportable crimes,” can result in the removal of an individual from the country. These include but are not limited to:
- Crimes of Moral Turpitude (CIMT): Crimes involving dishonesty, fraud, or intent to cause significant harm are classified as crimes of moral turpitude. Examples include theft, assault, or domestic violence.
- Aggravated Felonies: This category covers a wide range of offenses, including drug trafficking, murder, and certain types of fraud or tax evasion. Importantly, what constitutes an aggravated felony for immigration purposes often differs from how it’s defined in state or federal criminal law.
- Drug-Related Convictions: Any drug-related conviction, even for minor possession, can create severe immigration consequences.
If you are found guilty of these crimes, U.S. Immigration and Customs Enforcement (ICE) can initiate removal proceedings, potentially forcing you to leave the country and separate from your family and community.
Barred from Entry or Adjusting Status
Criminal charges don’t just threaten deportation—they can also render you inadmissible to the United States, which can prevent you from obtaining a visa, green card, or reentering the country after international travel. Crimes like drug trafficking or multiple criminal convictions can result in a permanent bar, meaning you may never be allowed entry into the U.S. again. Being inadmissible also means that you could be denied adjustment of status, effectively halting your path to legal permanent residency or citizenship.
Immigration Holds and Detention
If you are arrested and charged with a crime, the intersection of criminal and immigration law can lead to an ICE hold (also known as an immigration detainer). This allows ICE to take custody of you after your criminal case is resolved, even if the charges are dropped or you’ve served your sentence. Immigration holds complicate legal defense strategies and can prolong detention, making it essential to coordinate criminal and immigration matters strategically.
Why Handling Criminal and Immigration Law Strategically Is Crucial
Navigating criminal charges as a non-citizen requires a strategic approach that takes both criminal and immigration law into account. The consequences of even a seemingly minor criminal case can be life-changing, especially if you don’t have a legal team that understands the complexities of immigration law. Here’s why careful handling is so important:
- Avoiding Severe Consequences: Experienced attorneys can work to negotiate lesser charges or plea deals that may not trigger deportation or inadmissibility.
- Expert Knowledge of Legal Intersections: Immigration and criminal law often overlap, and a coordinated strategy ensures no potential consequence is overlooked.
- Protecting Your Immigration Goals: From maintaining lawful status to preventing removal, the right defense plan can safeguard your dream of building a life in the U.S.
Need Legal Assistance in Southern California? Basseliz Law Group is Here to Help
Whether it’s family law, criminal law, or immigration, at Basseliz Law Group, we have made it our mission to help you navigate the legal process with confidence. From our offices in Riverside, California, we serve clients from all over Southern California, including Moreno Valley, Menifee, Murrieta, Pomona, and beyond. Contact us today at 951-389-0021 or send an email to info@basselizlaw.com.
Effective representation can make all the difference—don’t face complex legal challenges alone. Reach out to our experienced team who understands the unique issues immigrant families face and is committed to protecting your rights and future.
