Unfortunately, the answer is “yes”. A criminal conviction, even your first and only criminal conviction, can have significant consequences including removal proceedings and potentially deportation.
Understanding the type of convictions posing the greatest risk to your immigration status and tailoring your defense to ensure the best outcome will help protect against such severe consequences.
If charged with a criminal offense, consider these guidelines to avoid adverse immigration consequences:
- Avoid a criminal “conviction” whenever possible. Although some forms of criminal related conduct can have immigration consequences, most immigration issues arise after conviction. If possible, securing an outright dismissal of the criminal charge is the ideal outcome.
- Avoid an aggravated felony conviction. Felonies are aggravated when they are punishable with imprisonment of 12 months or more. In most situations involving non-citizens, and especially when involving a lawful permanent resident, a conviction for an aggravated felony is considered a deportable offense.
- Avoid a controlled substance conviction. Virtually all drug offenses, misdemeanors and felonies, will result in harsh immigration consequences such as removal proceedings, if not deportation for non citizens. The only exception is a first offense for simple possession of marijuana in an amount equal to or less than 30 grams.
- Avoid convictions for domestic violence, firearm offenses and others. These categories have particularly serious consequences for lawful permanent residents. Other kinds of convictions to be avoided in this area are crimes of stalking, crimes against children, and violations of protection orders.
- Avoid convictions for “moral turpitude” crimes. Depending on your immigration status and criminal history, a conviction for a moral turpitude offense, such as theft or receiving stolen property, may make a non-citizen deportable and inadmissible should they leave the US and attempt to return. However, a conviction for a moral turpitude crime is preferred over an aggravated felony conviction.
It is important to understand that even a misdemeanor criminal conviction can have the consequence of deportation of a non-citizen from the United States, but that is in addition to the punishment that will be imposed by the sentencing judge who can impose a potential term of incarceration, probation, payment of fines and/or court costs.
Given the potential consequences criminal convictions can have on a one’s immigration status, it is critical to seek the assistance of a lawyer who is familiar with the criminal offense guidelines discussed here, and who will advocate for the best outcome possible during the prosecution of the criminal case in the hope of minimizing the adverse immigration consequences that can otherwise impact non-citizens.