If you’re not a noncitizen living in the United States, being charged with a crime can have serious impacts for your immigration status. Understanding the intersection between criminal and immigration laws is crucial, as having a criminal record – conviction, charge, or even arrest – could jeopardize your ability to stay in the United States.
Whether you are in the U.S. with or without legal status (i.e., visa, green card, etc.), criminal activity can trigger negative immigration consequences, such as detention, the initiation of removal proceedings, and potentially deportation. However, not every crime carries the same consequences.
The Immigration and Nationality Act (INA) specifies the crimes that are grounds for inadmissibility or grounds for deportability. The INA categorizes said crimes into two primary categories for immigration purposes:
- Crimes involving moral turpitude (CIMT); and
- Aggravated felonies.
Crimes Involving Moral Turpitude (CIMT)
Crimes involving moral turpitude encompass criminal acts that are fundamentally at odds with justice, honesty, or morality, including:
- Fraud
- Theft
- Forgery
- Burglary
- Perjury
- Felony hit and run
- Assault / Domestic violence
- Murder / Voluntary Manslaughter
- Most sex offenses
Being convicted of a CIMT can render a noncitizen inadmissible or deportable.
Aggravated Felonies
Aggravated felonies include a range of particularly serious crimes that may or may not technically be “felonies”, such as:
- Murder
- Rape
- Sexual abuse of minors
- Drug trafficking
- Firearm trafficking
Other crimes also constitute aggravated felonies, if they are punishable by at least 1 year in prison. These offenses include those involving:
- Violence
- Theft or burglary
- Obstruction of justice or perjury
- Bribery, forgery, counterfeiting
Being convicted of an aggravated felony carries the most severe immigration consequences, such as mandatory detention, deportation, and being barred from reentering – maybe permanently.
Criminal Inadmissibility Grounds
Certain criminal convictions – and some mere admissions – are considered grounds rendering a noncitizen inadmissible, thus making them ineligible for admission to the U.S. and barring them from obtaining legal status, including:
- Controlled substance offenses
- Crimes involving moral turpitude
- Prostitution
Additionally, conviction of two or more criminal offenses of any type resulting in a total prison sentence of more than 5 years, will make a noncitizen inadmissible.
Criminal Deportability Grounds
Certain criminal convictions are considered grounds for deportation and can result in the initiation of result in the initiation of removal proceedings against noncitizens living in the U.S. with legal status. Convictions for the following offenses trigger these grounds:
- Aggravated felonies
- Crimes involving moral turpitude (depending on the number of CIMTs committed, when they were committed, and the sentence imposed)
- Controlled substance offenses (not including possession of 30g or less of marijuana)
- Firearms offenses
- Domestic violence, crimes against children, stalking
If removal proceedings are initiated, the Immigration Judge will determine whether or not to deport the noncitizen from the U.S. based on their specific criminal activity and several other factors, including the noncitizen’s family / community ties, length of residence in the U.S., and proof of rehabilitation.
Other Consequences
Loss of Certain Types of Status. Please note that for noncitizens holding certain types of legal status, other criminal activity may result in loss of that status and thus, the protection it provides from deportation, specifically.
- Temporary Protected Status (TPS): TPS risk losing their status if they are convicted of a felony or of two or more misdemeanors.
- Deferred Action for Childhood Arrivals (DACA): DACA recipients risk losing their status if they are convicted of one felony, one “significant” misdemeanor (i.e., DUI / OVI, domestic violence), or three or more misdemeanor convictions.
Impacts on Receiving Immigration Benefits in the Future. Certain criminal history can effect a noncitizen’s ability to apply for and receive certain immigrations benefits in the future, including:
- Naturalization: To be eligible for naturalization, an individual must prove good moral character. Certain convictions – CIMTs, aggravated felonies, and other serious offenses – prevent an applicant from establishing good moral character for up to 5 years.
- Asylum / Refugee Status: Conviction for a “Particularly Serious Crime” (PSC) may disqualify an applicant from being eligible to receive asylum or refugee status. PSCs include aggravated felonies, violent / dangerous crimes, and other offenses recognized in case law.
- Family-Based Immigration: Certain criminal convictions can affect an immigrant’s ability to sponsor their family members, potentially causing delays or denials of petitions.
Avoiding Immigration Consequences: Is it Possible?
It can be possible to avoid – or at least lessen – the immigration consequences of criminal activity, through proactive and effective criminal defense strategies. Attorneys who specialize in both criminal and immigration law have the skill and knowledge required to negotiate plea deals, reducing charges to lesser offenses that do not carry – or carry less severe – immigration consequences.
Relief from Immigration Consequences
For noncitizens with criminal convictions carrying immigration consequences, there are still possible avenues for relief. Depending on the crime and noncitizen’s individual circumstances, there are certain waivers which may provide relief (i.e., § 212(h) Waiver, § 601(a) Waiver). Moreover, certain affected noncitizens may be eligible for various other forms of relief, such as cancellation of removal, adjustment or readjustment of status, withholding / CAT protection, voluntary departure, and so on. For a useful quick reference guide on possible forms of relief, check out the Immigration Defense Project’s Summary Checklist.
Want More Information?
If you are facing criminal charges or have criminal convictions and would like to know more about their impact on your immigration journey, contact The Law Firm of Anna Korneeva today at (513) 334-3008.
