What Crimes Affect Your Immigration Status?

Criminal convictions can have life-changing consequences, especially for non-citizens in the United States. If you’re wondering how criminal law intersects with immigration law, or you’re facing legal troubles, understanding the implications is vital. Certain offenses don’t just lead to jail time; they can also impact your ability to stay in the country or secure future benefits. At Alvelo Immigration Legal Solutions, PLLC, we guide non-citizens through the complex legal landscape, helping them protect their immigration status while addressing any legal concerns. Our attorneys will provide an in-depth examination of the types of crimes that impact immigration status, the factors immigration officials consider, and the steps non-citizens can take to defend themselves.

Key Categories of Crimes That Affect Immigration Status

Immigration law identifies specific crimes that can profoundly impact a non-citizen’s ability to remain in the U.S. Here’s a breakdown of the most critical offenses to be aware of:

1. Aggravated Felonies

Under U.S. immigration law, an aggravated felony is one of the most serious classifications of crimes. Convictions in this category often result in automatic deportation and permanent bans on future entry. Common examples include:

• Murder
• Rape
• Drug trafficking
• Fraud or tax evasion involving over $10,000
• Certain theft and violent crimes that result in a sentence of at least one year

Aggravated felonies carry strict penalties, offering little to no room for waivers or legal forgiveness.

2. Crimes Involving Moral Turpitude (CIMTs)

CIMTs are offenses that violate accepted standards of morality, often involving dishonesty, fraud, or harmful intent. While the classification is broad, the focus is on acts deemed inherently base or depraved. Examples of CIMTs include:

• Burglary
• Fraud
• Certain types of domestic violence
• Assault with intent to harm

A conviction for a CIMT may result in inadmissibility or deportation, depending on the circumstances and timing of the offense. Even misdemeanors can qualify as CIMTs.

3. Controlled Substance Offenses

Crimes involving drugs almost always lead to severe immigration consequences, including deportation and bars to re-entry. Examples include:

• Possession with intent to distribute
• Drug trafficking or manufacturing
• Certain cases of simple possession

There is a narrow exception for possession of less than 30 grams of marijuana for personal use, but most drug convictions are unforgivable under immigration law.

4. Firearms Offenses

Violating firearms-related laws, including illegal possession, trafficking, or use of a firearm, can make a non-citizen deportable.

5. Domestic Violence

Convictions for domestic violence, including physical assault, harassment, or violation of a protective order, often lead to deportation. Immigration law treats domestic violence charges with significant weight, aiming to uphold public safety.

6. Money Laundering

Money laundering is a federal offense that can be classified as a Controlled Incident Management Technique (CIMT), making non-citizens involved deportable.

7. Document Fraud

Using or creating fraudulent immigration documents or lying to obtain immigration benefits typically results in deportation and bars to future entry.

8. Terrorist Activities

Any involvement in terrorist-related activities, no matter how minor, results in severe immigration consequences, including immediate deportation and inadmissibility.

9. Unlawful Voting

Voting in a federal election while not eligible to vote is grounds for deportation.

How Immigration Cases Assess Criminal Convictions

When it comes to immigration cases involving criminal convictions, U.S. immigration officials evaluate several factors to determine the severity of the consequences. These factors include:

• Length of Sentence: Longer sentences generally indicate more serious crimes, which carry harsher immigration penalties.
• Age of the Offender: Cases involving minors may be treated differently, especially when the individual has shown rehabilitation.
• Mitigating Circumstances: Factors such as self-defense or immediate danger can influence the overall decision in a case.
• Jurisdiction: The specific laws of the state or federal jurisdiction where the crime occurred can affect the outcome.

Even accusations of crimes—as opposed to convictions—can sometimes influence immigration decisions, underscoring the importance of a solid defense strategy.

Defense Options for Non-Citizens Facing Criminal Charges

If you are a non-citizen dealing with criminal charges, legal representation is crucial. Here are a few strategies that may help protect your immigration status:

1. Seek a Waiver

Some offenses may allow for a waiver of inadmissibility, though this option is often unavailable for aggravated felonies or drug-related offenses.

2. Argue for Lesser Charges

Securing a plea deal for a less severe charge that does not carry immigration consequences may be a viable option.

3. Work with a Skilled Immigration Attorney

Navigating criminal and immigration law is challenging. At Alvelo Immigration Legal Solutions, PLLC, we recognize the complexities of both areas and provide strategic, effective defenses for non-citizens. Our firm provides bilingual support, a deep understanding of immigration law, and personalized service tailored to your situation. We assist clients in exploring options like waivers, mitigating charges, and presenting a compelling defense.

How Alvelo Immigration Legal Solutions, PLLC Can Help

With a strong background in handling complex immigration cases involving criminal convictions, our firm is committed to helping non-citizens protect their rights and futures. When you work with us, you’ll receive:

• Skilled Representation: Attorney Wanda Alvelo navigates criminal cases with immigration consequences.
• Personalized Attention: Your case deserves unique solutions; we tailor our approach based on your circumstances.
• Bilingual Services: Speak directly with Attorney Alvelo in Spanish or English without language barriers.

We know that every client’s case represents not only legal challenges but also a future of possibilities. Contact us today to schedule a free initial consultation that could make all the difference.