How Do Criminal Charges Affect Immigration Proceedings?
Criminal charges, including misdemeanors and felonies, can have serious consequences on immigration proceedings.
These include:
- Deportation: Certain crimes, especially aggravated felonies, can trigger deportation proceedings.
- Bar from Asylum: Criminal charges can also be a bar from being granted asylum in the U.S.
- Inadmissibility: Criminal convictions may make a non-citizen inadmissible, meaning they may be denied entry into the U.S., a visa, or lawful permanent resident status (green card).
- Impact on Naturalization: Convictions can affect a person’s ability to naturalize as a U.S. citizen.
Deportation
Deportation, also known as removal, is a process where an immigrant is forcibly removed from the United States due to violations of immigration or criminal laws. Certain crimes, especially aggravated felonies, can trigger deportation proceedings.
Scenario: An individual who has a green card (a lawful permanent resident) and is convicted of an aggravated felony like murder, could face deportation proceedings. This means they could be sent back to their home country, even if they’ve been living in the U.S. for a long time, have family here, or have otherwise established their life here.
Bar from Asylum
Asylum offers protection to individuals who fear persecution in their home country. However, certain criminal charges can make one ineligible for asylum.
Scenario: An individual seeking asylum in the U.S. due to fear of persecution in their home country but who has been convicted of an aggravated assault charge in the U.S. might be denied asylum based on their criminal history. This could lead to them being deported back to their home country, where they fear persecution.
Inadmissibility
Inadmissibility refers to reasons a person could be denied entry into the U.S. or denied a visa or a green card. Certain criminal convictions can lead to a finding of inadmissibility.
Scenario: An individual seeking to renew a work visa has a conviction for a crime involving fraud. When they apply for the visa renewal, they could be found inadmissible based on the criminal conviction, resulting in a denial of their visa renewal.
Impact on Naturalization
Convictions, especially for crimes involving moral turpitude or aggravated felonies, can impact a person’s ability to naturalize as a U.S. citizen.
Scenario: A long-term lawful permanent resident who applies for U.S. citizenship has a past conviction for a crime of moral turpitude, like commercial bribery. When they apply for naturalization, their application might be denied based on the past conviction because they may fail to meet the good moral character requirement for naturalization.
In all these scenarios, the consequences of criminal charges on immigration proceedings can be dire. It’s important for anyone facing these issues to consult with an experienced immigration attorney who can provide guidance on how to navigate these complex matters.
What Are the Possible Legal Consequences of Felony Charges on Immigration Status?
The legal consequences of felony charges on immigration status can be serious:
- Loss of immigration benefits: A person might lose the ability to apply for certain immigration benefits if they have been convicted of certain crimes.
- Deportation: Felonies, especially those categorized as aggravated felonies, can lead to deportation proceedings.
- Impact on Visa and Green Card applications: Felony charges can impact visa renewals, green card applications, and citizenship applications negatively.
Loss of Immigration Benefits
Various immigration benefits, such as eligibility for certain types of visas, work permits, or relief from deportation, could be denied to individuals with felony convictions.
Scenario: A person with a work permit (also known as Employment Authorization Document) who is convicted of a felony, such as aggravated assault or fraud, may lose their work permit. This can be a severe blow, as the loss of employment authorization may lead to job loss and financial instability.
Deportation
In many cases, individuals who are convicted of felonies are subject to deportation, even if they have a green card or visa. This is particularly true for those convicted of aggravated felonies.
Scenario: A lawful permanent resident (green card holder) who is convicted of an aggravated felony like rape or murder may face deportation proceedings. Even if they have lived in the U.S. for many years, the conviction can lead to them being removed from the country, potentially resulting in family separation and loss of established life in the U.S.
Impact on Visa and Green Card Applications
A felony conviction can have a detrimental impact on both visa and green card applications.
Scenario 1: An individual on a student or work visa who is convicted of a felony such as racketeering or commercial bribery might face difficulties in renewing their visa. The U.S. immigration authorities may deny their renewal application based on the conviction, forcing them to leave the country.
Scenario 2: Someone applying for a green card who has a felony conviction for crimes like child pornography or kidnapping may have their application denied due to “moral turpitude” grounds. This would restrict their ability to live and work permanently in the U.S.
These scenarios underline the importance of understanding the potential legal consequences of felony charges and convictions on immigration status. Consulting with an experienced immigration attorney can help individuals navigate these complex legal issues and potentially mitigate the impact on their lives.
Can I Travel With a Pending Felony Charge? How Long Can a Felony Charge Be Pending?
Traveling with a pending felony charge can be risky. Law enforcement could issue a warrant for your arrest, which could lead to you being detained upon returning to the U.S. Also, pending felony charges can negatively impact your immigration status, including visa renewals or applications for a green card.
As for how long a felony charge can be pending, it varies. There’s no set timeframe; it depends on many factors, including the nature of the charges, the backlog of the court, and legal strategy.
What Benefits Will a Non-citizen Convict of an Aggravated Felony Lose?
A non-citizen convicted of an aggravated felony may lose several benefits, including:
- The ability to apply for asylum or refugee status
- The chance to cancel removal proceedings
- The right to voluntary departure
- Eligibility for certain forms of relief from removal
- Eligibility for certain types of visas or green cards
Do I Need to Talk to an Attorney about a Felony Charge?
Yes, it is strongly recommended that you speak with a deportation lawyer if you’re facing a felony charge, particularly if you’re a non-citizen. The intersection of criminal law and immigration law is complex, and an experienced attorney can help protect your rights and navigate the legal process.
If you need help with an immigration-related issue, consider reaching out to an experienced immigration lawyer through LegalMatch. They can provide the necessary legal advice, guidance, and representation in your case.
With LegalMatch, you can be matched with an attorney who is well-versed in the nuances of immigration law and can help you understand the potential impact of felony charges on your immigration status.
