Immigration Consequences of Criminal Cases

If you are not a US citizen, a  criminal case can, and most likely will, affect your immigration status. 

Here are some examples of criminal convictions for which you can be deported, if you are convicted (including some other dispostions of your case):

CRIMES INVOLVING MORAL TURPITUDE

• Crimes that involve an intent to steal or to defraud, like burglary, grand

larceny, or even petit larceny;

• Crimes where bodily harm is intentionally or willfully caused or threatened,

like assault or menacing;

• Crimes where serious bodily harm is caused or threatened by an act of

recklessness, like manslaughter;

• Most sex offenses.

If you are convicted of a crime involving moral turpitude within the first five years of your residence in the U.S., and the crime carries a possible sentence of at least one year in prison, you can be deported based on the conviction. This is true, even if you were only sentenced to probation.

If you are convicted of two crimes involving moral turpitude, you may be deported at any time.

CONTROLLED SUBSTANCE OFFENSES - DRUGS

If you are convicted of any offense relating to controlled substances (drugs) you

may be deportable. Even if you are not convicted (found guilty), but you admit to the

facts underlying the crime, you may be deportable. The only exception is a single offense of simple possession of 30 grams or less or marijuana.

FIREARM OFFENSES

You may be deportable for almost any offense involving a firearm, whether it is a

felony or a misdemeanor.

 Examples:

• Criminal Possession of a Weapon, in any degree;

• Criminal Sale of a Weapon;

• Criminal Purchase of a Weapon.

CRIMES OF DOMESTIC VIOLENCE, STALKING, OR A CRIME AGAINST CHILDREN

You may be deportable if you are convicted of any crime of domestic violence.

Domestic violence crimes are crimes of violence committed against your spouse, ex-spouse, current or former domestic partner, boyfriend or girlfriend, or child. The conviction must have occurred on or after October 1, 1996. Examples of crimes of

violence:

• Assault;

• Terroristic Threat;

• Violation of an Order of Protection;

• Stalking;

• Child abuse, neglect, or abandonment.

AGGRAVATED FELONIES

• Any “crime of violence” where prison sentence is one year or more;

• A crime of theft or burglary where prison sentence is one year or more;

• Sexual Abuse of a Minor;

• Drug Trafficking – including some Texas sale or possession misdemeanor offenses;

• Firearm Trafficking;

• Murder;

• Rape / sexual assault / indecency.

Aggravated Felonies are the most serious kind of criminal convictions under the immigration laws.

WARNING:  Some crimes may be classified as misdemeanors under state criminal laws, but they may be considered as aggravated felonies under immigration law.

As you can see, if you are in the United States, under any status other than “citizen,” such as Permanent Resident, Green Card Holder, or holder of a work or student visa, it is extremely important to take this status into account when you decide how to deal with a criminal accusation.

Call me if you have questions about the effect of a conviction on your immigration status.