What Happens to My Immigration Status If I Am Charged with a Crime?
Criminal charges can have serious consequences, and immigrants can face particularly severe penalties for an arrest or conviction.
Here, an experienced immigration attorney shares what you need to know if you or a loved one gets arrested while navigating the immigration system.
Which crimes can affect your immigration status?
Getting arrested or charged with a crime can affect your immigration status and even result in deportation. In general, the type of crime is more important than whether the crime is a misdemeanor or felony when it comes to immigration status.
Aggravated felonies
Crimes that are classified as aggravated felonies typically carry the harshest penalties for noncitizens who are convicted of these crimes. This classification includes but is not limited to murder, drug trafficking, kidnapping and human trafficking, sexual abuse, and treason.
Other crimes may qualify as aggravated felonies if they meet a certain amount of monetary damage or minimum prison terms. These crimes may include forgery, racketeering or RICO violations, trafficking of firearms, and certain theft offenses.
If you are convicted of an aggravated felony as a noncitizen, you can face deportation or become ineligible to receive a visa, green card, or U.S. citizenship. You can be deported without an appeal or formal hearing if you aren’t a lawful permanent resident.
Will a misdemeanor affect my immigration case?
A misdemeanor conviction can impact your immigration status, particularly if the crime is considered a crime of moral turpitude or involves controlled substances. Crimes of moral turpitude “refer generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality.”
Misdemeanors that are considered crimes of moral turpitude can include shoplifting, assault, fraud, and embezzlement.
Will an arrest affect my immigration status?
An arrest can affect your status, even if you are acquitted. Any criminal charge can result in deportation and negatively affect your eligibility for immigration benefits. It can also make you ineligible for visas or green cards in the future.
How far back does a USCIS background check go?
When applying for a visa, green card, or citizenship, the United States Citizenship and Immigration Services (USCIS) will conduct a background check for any criminal convictions or arrests in your past. The extent of the background check depends on your specific immigration case, but generally, the USCIS checks your entire criminal history.
Do I need an Immigration Attorney?
If you are arrested or facing criminal charges as a noncitizen, you need an immigration attorney to help you navigate the criminal and immigration systems.
If you are under threat of deportation, an experienced legal team can help you apply for relief from removal and defend you in court. They can also protect your rights and help you and your family remain legally in the U.S..
Talk to the Immigration and Criminal Defense Lawyers at JAD Law
You deserve to have an experienced attorney who is well-versed in immigration and criminal defense matters at your side. JAD Law is here for you.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
