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Crimmigration is the merging of criminal law and immigration law, where a minor charge or arrest can result in serious immigration consequences. A criminal immigration lawyer handles both the criminal side of a case and the immigration impact of an arrest, charges, a plea, or a conviction.
A criminal immigration lawyer or attorney is equipped to handle both sides of these cases. They can address the immediate criminal matter and protect a client’s immigration status from the risks of a plea, conviction, or ongoing proceedings.
For someone caught in this type of situation, a “crimmigration” lawyer can offer the best legal help to resolve both sides of the issue. Whether you are facing charges now or just need clarity about a past case that could impact your immigration status, a knowledgeable legal team can make a difference.
The Law Firm of Anna Korneeva provides practical guidance, clear answers, and personalized legal help during your consultation. We will evaluate your situation and determine the best path forward for you.
Even before a case is settled, criminal charges can affect immigration status. Being accused of a crime or offense can lead to immediate immigration issues, including detention or the start of removal proceedings. This means that the result of a criminal case isn’t the only concern. Simply facing charges can put non-citizens at risk.
The way a case is managed can also influence these consequences. A plea deal, a dismissed case, or a final conviction can have different effects on immigration, depending on the details. In some cases, even pleading to a lesser charge can result in deportation or impact future immigration options. Therefore, it is essential to understand how each step in a criminal case can affect immigration proceedings and long-term status.
Deciding on a plea must be approached with a specific strategy. Although it may resolve criminal charges more quickly, the wrong plea could also have long-term consequences for immigration. The result may lead to a conviction that may negatively impact immigration status. A plea strategy matters in every case.
An allegation or criminal charge can quickly become serious consequences for immigration. In some cases, a criminal offense could lead to deportation, removal, or other formal proceedings that may escalate into immigration enforcement. Contact with local law enforcement or an arrest may also alert immigration authorities, especially if the charge belongs to a category with an increased risk to immigration.
Once arrested, individuals could be placed into removal proceedings while their criminal case is still pending. Some allegations can escalate into immigration enforcement even before a conviction. This underscores how important it is to understand the way criminal matters can impact someone’s ability to remain in the United States.
Criminal issues can directly impact someone’s immigration status and their future eligibility for relief. This can include a waiver, a visa, a green card, naturalization, or citizenship. Depending on the type of charge, a person may face restrictions when applying for these benefits. A single incident can slow down an existing application and impact eligibility for permanent status.
The outcome will depend on a person’s current immigration status and whether they are seeking a permanent status or another immigration benefit. Because immigration law is also linked to their criminal history, it’s essential to review each situation individually.
The UCIS process includes a complete review of an applicant’s background. This includes any arrests, charges, and convictions. The type of offense and the relief requested can impact the ultimate outcome, so it’s essential to understand how criminal matters can affect the complete immigration process. Strong legal advice and careful planning can help individuals review their available options and reduce potential obstacles to future immigration benefits.
A criminal matter can interfere with a person’s ability to obtain or keep a green card, visa, or permanent status when concerns are raised about their admissibility and removability under US immigration law.
Some offenses can make an immigrant ineligible to enter the United States, adjust their status, or renew their visa. Other offenses can put someone at risk of losing their existing status. Even a single incident can impact how immigration authorities evaluate an immigration application or continued eligibility. This is why it is important to understand how someone’s criminal history is connected to immigration requirements and their long-term status.
A criminal offense can slow or derail the naturalization and citizenship process. When someone is involved in a criminal case, USCIS pauses the application until that case is resolved. The applicant must also maintain “good moral character” from the date of application until taking the Oath of Allegiance.
A person seeking immigration and is arrested must notify USCIS on their N-400 form of any arrests, charges, or citations that happen while the application is pending. This includes anything that was expunged or committed in another country. At this point, USCIS will request court dispositions for any charges or arrests, even if they were dismissed. USCIS will review a person’s entire criminal history, and the application will be on hold while any case is pending in criminal court.
These issues will not necessarily disqualify you from migrating, although some serious crimes will. Crimes like DUI can make the process more difficult. USCIS evaluates everything on a case-by-case basis and is primarily concerned with whether you will be a good citizen.
Natural disasters, medical emergencies, sudden unemployment, or other unforeseen circumstances can impact your application. These factors can even pause or jeopardize your immigration process. But relief options are available that may help protect or restore your immigration status. USCIS offers some flexibility for those who find themselves with an uncertain immigration status, including:
Your Cincinnati immigration lawyer can review all of the options available to determine which one would be the best for your individual situation.
Noncitizens who are facing criminal charges need help crafting an effective defense that addresses both the criminal side as well as any immigration consequences. This intersection of two fields of law is called “crimmigration,” and requires an attorney who understands both areas.
Non-citizens cannot be protected from removal by their citizenship status. Therefore, any defenses must be carefully built to avoid prompting deportation, or prohibiting a lawful status in the future, including:
If removal proceedings have already begun, we can also seek relief such as:
Because we work with both immigration and criminal defense, we are able to prepare an integrated defense strategy and help with both sides. We can help with plea deals for offenses that do not lead to deportation, post-conviction relief, and immigration waivers such as canceling removal. Getting legal assistance early in the process gives you a better chance of not only defending yourself but also preserving your eligibility for immigration.
Crimmigration is much more complex than its two parts. For immigrants caught up in any type of criminal case, no matter how minor, the penalties and consequences can be serious.
A strong legal defense in a crimmigration case starts early, before any charges can lead to greater immigration consequences. While a citizen may simply have a criminal sentence, an immigrant can face mandatory detention, lose their green card, and possibly be removed from the US permanently.
Travel can be problematic. Even with minor infractions like a traffic ticket, leaving the US and returning can mean detention at the border if there is a criminal record. Some categories of crimes include “trigger words” that can lead to prohibited citizenship and mandatory deportation, including “aggravated felonies” and “Crimes Involving Moral Turpitude.”
Even offences that were dismissed or expunged are treated as a “conviction.” Once a conviction is final, there may be little or nothing an attorney can do to help.
That’s why, if you are arrested or charged while your immigration status is pending, it’s important to get legal help immediately to avoid deportation and other penalties. A crimmigration lawyer can intervene during the criminal court process to negotiate plea deals that can reduce potential penalties and ensure that language in the documentation does not trigger penalties such as deportation. The sooner you call us, the sooner we can provide strong legal defense to prevent your immigration status from being harmed.
A simple traffic ticket or other charge for a citizen is handled in the local criminal court. During the immigration process, government action can intensify a criminal matter with detention, federal issues, and formal proceedings. When state and local charges intersect with federal immigration law, it initiates a multi-step process that can involve potential detention, deportation, and other federal enforcement procedures.
Removal and deportation are distinct possibilities under immigration law when a case moves beyond local criminal court concerns. When someone is arrested by state or local police, their fingerprints are automatically shared with both the FBI and the Department of Homeland Security (DHS). They are then intercepted by U.S. Immigration and Customs Enforcement (ICE) after the criminal case is resolved. Once transferred to an ICE facility, the individual may be eligible for an immigration bond that allows them to fight deportation while released.
Not all criminal charges trigger deportation, but even minor offenses can lead to deportation if the sentence is long enough. Some charges, such as aggravated felonies and Crimes Involving Moral Turpitude (CIMT), can lead to deportation and removal.
Sometimes a prosecutor will offer a plea deal to avoid jail time. Unfortunately, this is also an admission of guilt. For some crimes, this can also initiate the deportation and removal process. The judge will also determine whether someone can be deported or may qualify for relief such as asylum or cancellation of removal. Before considering or accepting a plea deal, consult with our Cincinnati criminal immigration lawyer first.
Government action in a crimmigration case can move quickly and on multiple fronts at once. When a non-citizen is arrested on criminal charges, immigration authorities may independently move to detain the person on immigration grounds.
Federal immigration enforcement operates on its own timeline, and a person can find themselves in immigration custody while still facing unresolved criminal proceedings. Contact the Law Firm of Anna Korneeva to learn more.
ICE detains non-citizens in secure facilities while the court system determines their immigration status. This is an administrative process that detains people to ensure they appear for hearings, to facilitate public safety, or to facilitate deportation.
A person may be placed in a detention hold after they are apprehended at the border, are involved in a criminal justice case, are subject to an “immigration detainer,” or during a routine check-in at a local ICE field office.
Individuals who are detained may be subjected to continued removal efforts while they remain in custody. Some individuals are subject to mandatory detention due to prior deporation orders or criminal convictions. Others may be given a “delivery bond” by the judge and released, with their case placed on a non-detaining docket.
Some crimmigration matters raise federal law issues because immigration is enforced by the federal government, even when the underlying case begins in a criminal court at the local or state level.
Even a minor traffic ticket or contact with the criminal justice system can raise considerable federal law concerns, such as deportation, detention, removal, and disqualification. Federal concerns are primarily centered on due process, enforcement priorities, proportionality, and federal-state coordination, and include three distinct areas:
Because crimimigration involves two distinct areas of US law, it’s important to have legal counsel who understands criminal law and immigration, and how both can impact someone caught in between.
Even the smallest omissions or untruths can lead to bigger problems. Fraud allegations can have serious immigration consequences, leaving your family, child or children, and work situation in question. One mistake or false statement on your application or other paperwork can result in criminal charges and even being barred from the United States.
Immigration fraud can lead to imprisonment for months or even years, depending on multiple factors. A person who is deported for immigration fraud may be permanently barred from re-entering the United States, even with a spouse and family here, and all future lawful visa applications will likely be denied.
Relief is possible for someone with fraud findings, but can be difficult to obtain, including:
If you discover that you have fraud allegations, speak to a criminal immigration lawyer to learn what options for relief may be available.
Immigration fraud occurs when someone knowingly provides false information, conceals material facts, or submits fraudulent documentation in any immigration matter related to the United States that would help obtain a green card, visa, or other immigration benefit. United States law defines this as “willfully misrepresenting a material fact,” which could impact the government’s decision on someone’s immigration application.
Common immigration frauds include document and identity fraud, employment fraud, marriage fraud, lying on immigration forms about past criminal history, deportations, or employment history, employment-based fraud, or asylum fraud.
A conviction for fraud can lead to jail sentences between five and twenty-five years, as well as administrative penalties such as permanent inadmissibility to the U.S., denial of all future benefits, and deportation.
Including family ties and the presence of a child or children when discussing hardship, equities, or possible relief carries considerable weight during hardship evaluations. The presence of a child or children can help lean the proceedings towards relief or leniency. However, it must be balanced with the seriousness and gravity of any criminal consequences. Serious criminal charges such as CMIT and felonies may disqualify someone from Cancellation of Waiver, and nullify family ties to the outcome.
In an immigration hearing, the law requires that a US citizen, a lawful permanent resident spouse, or parent would suffer unduly and unreasonably if they were separated from the applicant.
The court will also examine the best interests of the child and how the loss of a primary caregiver and provider will impact the child’s development and standard of living. Strong family ties also encourage individuals to be law-abiding citizens and deter recidivism. Additionally, submitting to the court documented evidence of rehabilitation, such as counseling or paying child support, also demonstrates good moral character.
For a United States citizen, a criminal charge and conviction can be anything from a minor disruption to upending someone’s life. For someone with an immigration status, it can mean the end of their career in the United States. Even a minor criminal charge can ruin an immigrant’s ability to work and maintain long-term stability.
Even a simple arrest can lead to:
Legal guidance immediately after arrest can help with both the criminal case consequences and immigration status issues. Without help and legal guidance, a criminal case can severely impact your ability to work and maintain stability. Working with a criminal immigration lawyer can help address both factors and ensure that your rights are protected.
Contact the Law Firm of Anna Korneeva at (513) 334-3008 or schedule your consultation with our legal team on our online contact form. Our firm understands both immigration and criminal defense during the process and can offer help when you need it. We answer our phones 24/7 and are ready to answer your questions. As a crimmigration lawyer, Anna can help with a variety of criminal charges that can cause problems with your immigration. Schedule your consultation today.
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