Making a poor decision can have a lasting effect on your immigration status. When crime and immigration law intersect, it can create challenges for immigrants seeking legal status in the United States. In this article, we’ll explore the potential consequences of criminal activity on immigration goals and provide guidance on how to address these challenges.
Understanding Crime and Immigration Law (Crimmigration)
Crimmigration refers to the intersection of criminal law and immigration law. When a person commits a crime, it can directly impact their ability to secure or maintain legal status in the U.S. Many immigrants have questions about how criminal activity affects their chances of getting a visa, green card, or citizenship.
Common Questions Regarding Crime and Immigration
Some common questions from those seeking legal status include:
- Does the age when the crime was committed affect the outcome?
- Do I need to report an arrest even if I wasn’t convicted?
- Can past crimes disqualify me from entering the U.S.?
- Are there steps I can take to mitigate the impact of a criminal record?
In this article, we will answer these questions and explain how various criminal issues, such as felonies, misdemeanors, and arrests, can influence your immigration journey.
How Criminal Records Impact Admissibility and Entry into the U.S.
What is Admissibility?
Admissibility refers to whether someone is allowed to enter the U.S. When an individual arrives at a U.S. border, Customs and Border Protection (CBP) officers determine whether they can enter the country. If you have a criminal history, this could make you inadmissible, preventing you from entering the U.S.
Once inside the U.S., proving “good moral character” is crucial for obtaining legal status. USCIS (United States Citizenship and Immigration Services) requires this for visa holders, green card applicants, DACA recipients, and naturalization candidates.
Understanding the U.S. Legal System
It’s important to understand the legal system in the U.S., as it might differ from your home country’s system. The legal system in the U.S. is divided into civil and criminal law. Immigration issues are generally considered civil matters, while criminal offenses fall under criminal law.
Civil Issues and Immigration
Civil cases involve private disputes between individuals or organizations. Examples of civil issues include:
- Contract disputes
- Family law matters such as divorce or child custody
- Personal injury claims
Civil issues generally do not affect immigration status, but there are exceptions, such as failure to pay child support, which could impact your legal status.
Criminal Issues and Immigration
Criminal issues, on the other hand, can seriously affect an individual’s immigration status. Crimes such as DUI (driving under the influence), shoplifting, assault, or fraud can lead to serious consequences for immigrants. Even if you haven’t been convicted, a criminal record could make you inadmissible or lead to deportation.
What Happens in Criminal Court?
When you face a criminal charge, the prosecutor must prove certain elements of the crime for you to be found guilty. In criminal cases, immigrants have the same rights as U.S. citizens, including:
- The right to an attorney
- The right to a fair trial
- The presumption of innocence until proven guilty
It’s important to have both a criminal defense attorney and an immigration attorney who understand how a criminal conviction can impact your immigration status.
Crimes That Can Impact Your Immigration Status
Certain criminal offenses can severely affect your immigration status, including:
- Felonies: Serious crimes like murder, rape, or drug trafficking.
- Misdemeanors: Less serious crimes, such as disorderly conduct or petty theft, but these can still cause issues.
- Crimes Involving Moral Turpitude (CIMT): Crimes that involve dishonesty or immoral conduct, such as fraud or theft.
Crimes Involving Moral Turpitude (CIMT)
A CIMT is a crime that shows a lack of moral character. Common examples include theft, fraud, and assault. If you are convicted of two or more CIMTs, you may be deported or deemed inadmissible for entry into the U.S.
How Criminal Charges Can Lead to Deportation
Criminal convictions can lead to removal (deportation) from the U.S., particularly for:
- Aggravated felonies: Crimes like murder, drug trafficking, or sexual abuse of a minor.
- Crimes involving moral turpitude: Dishonest or immoral conduct can lead to deportation.
- Drug offenses: Drug use or trafficking can result in deportation, even for green card holders.
If you are deported, you may be barred from returning to the U.S. for a period of 5, 10, or 20 years, depending on the nature of the crime.
Juvenile Crimes and Immigration
For juveniles, crimes committed under the age of 18 may be treated differently depending on the circumstances. If the crime occurred more than five years ago, and the individual was a juvenile at the time, it might not impact immigration proceedings. However, it’s essential to disclose all arrests and charges on immigration applications to avoid complications.
What Can You Do If You Have a Criminal Record?
Seek Legal Counsel
If you have a criminal history, consult with both a criminal and immigration attorney before applying for any immigration benefit. Some crimes may be eligible for a waiver, which could help you secure legal forgiveness and allow you to move forward with your immigration goals.
Apply for a Waiver
A waiver is a form of legal forgiveness granted for specific criminal convictions. Waivers are often available for minor offenses and certain cases of moral turpitude. It’s crucial to demonstrate that denying you immigration benefits would cause hardship to your U.S. citizen family members.
Post-Conviction Relief
In some cases, your attorney may be able to seek post-conviction relief, which could result in revising your sentence or overturning a conviction. This could change how the crime affects your immigration status.
Be Honest About Your Criminal History
It’s essential to be upfront and honest about any criminal history when applying for a visa, green card, or citizenship. Failing to disclose criminal activity can result in losing your legal status and may even lead to deportation.
Remember, each case is unique, and having the right legal support can help you overcome challenges related to criminal issues. Before moving forward with your immigration journey, consult with a qualified immigration attorney to understand your options.
If you have concerns about how a criminal history might impact your immigration goals, contact Andres Mejer Law for a consultation. We have successfully helped individuals with criminal convictions navigate the immigration process and achieve their goals of becoming green card holders and U.S. citizens.
Contact us today to start your journey toward legal status in the U.S.!
