It is a widespread misconception among the immigrant community in the United States that only felony convictions can prevent someone from getting a visa, green card, or other immigration benefits. But even minor offenses, if committed by a non-citizen more than once, can have immigration consequences. By making a person inadmissible, they can ruin one’s eligibility for immigration benefits.
For first-time offenders, as well as for repeat offenders, the U.S. justice system can be forgiving. In addition to offering several types of alternatives to prison, a person who has complied with the regulations of a sentence or program may be able to have their record expunged (erased).
Unfortunately, such measures do not always help non-citizens living in the United States. You may have pled guilty or no contest in exchange for an alternative sentencing program or received probation as part of a deal.
You are eligible for the same alternative sentencing and post-conviction relief as U.S. citizens. In some cases, you may be able to honestly state that you have no criminal record, but you may still be barred from receiving a visa, green card, or other rights to remain in the United States. You are still deemed to have multiple criminal convictions in your past.
What Does “Multiple Criminal Convictions” Mean in an Immigration Setting?
Specifically, the term “Multiple Criminal Convictions” is used when an alien non-citizen has been convicted of two or more crimes involving moral turpitude. According to current immigration statutes, having multiple criminal convictions will make the alien subject to removal (deportation).
Here are some guidelines:
- Convictions under consideration occur after the alien is already admitted; those that occur before admission to the U.S. usually affect admissibility, not removal.
- Convictions arising from a single scheme of misconduct are generally not counted separately.
- Crimes of “moral turpitude” are those that violate the social norms of decency. The definition of moral turpitude is quite broad and may include fraud, theft crimes, crimes against the person, drunk driving, domestic violence, drug crimes, and many others.
What Are the Immigration Consequences of Having Multiple Criminal Convictions?
A person with multiple criminal convictions may be subject to removal from the United States. Depending on the alien’s criminal background, it is possible for removal to occur immediately after they are arrested or apprehended by authorities.
Other immigration consequences of multiple criminal convictions include:
- Inadmissibility: Multiple criminal convictions can sometimes prevent or delay a non-citizen from entering or re-entering the U.S.
- Readjustment of Status: Multiple criminal convictions may disqualify the alien for eligibility when applying for adjustment of status, such as changing to permanent resident status
- Citizenship: Having multiple criminal convictions may negatively affect the alien’s chances of obtaining U.S. citizenship
Multiple convictions can result in inadmissibility, but not all crimes that render a person deportable make them inadmissible in the future. Domestic violence is an example of this. Domestic violence charges will make a non-citizen in the U.S. deportable, but they won’t make them inadmissible. When someone is removed from the country because of domestic violence, it is often possible for them to be readmitted at a later date if they are eligible.
Also, it is possible to file for cancellation of removal or obtain an inadmissibility waiver. Sometimes even aliens with multiple criminal convictions can qualify for these forms of discretionary relief. Generally, however, this will depend on many factors, such as the nature of the convictions and the alien’s surrounding circumstances (such as economic hardships or family hardships).
Are Expunged Criminal Convictions Counted for Immigration Purposes?
Expungement usually works only for first-time drug offenders. For immigration purposes, other expunged convictions may still be noted.
The convictions may also affect the overall “moral character determination” even if they are expunged. Many immigration proceedings include moral character hearings, including citizenship, cancellation of removal, residence status, and admissibility.
Is Possession of a Small Amount of Marijuana Counted Toward Convictions?
Often, non-citizens convicted of a drug offense or who admit they have committed one become inadmissible. In addition to triggering inadmissibility on their own, drug offenses permanently bar non-citizens from obtaining lawful permanent residency.
The only exception is the simple possession of 30 grams or less of marijuana, provided the individual has no prior drug convictions. If a defendant attempts to negotiate a plea bargain, a possession offense in state court can still be counted as an additional conviction in immigration court.
Nonetheless, a judge can waive a conviction for marijuana possession if the amount is under 30 grams. The conviction will not count towards your entire number of convictions if you obtain such a waiver.
Are Simple Possessions of Drug Paraphernalia Counted as Convictions?
Being charged with possession of drug paraphernalia can carry a light sentence in criminal court-a fact that often leads defense attorneys to bargain for such a charge.
In contrast, a non-citizen seeking relief in immigration court with a conviction for possession of drug paraphernalia can become inadmissible. There is currently no waiver for possession of drug paraphernalia, so a conviction would count towards a non-citizen’s total convictions.
Do Crimes With Moral Turpitude Affect Multiple Convictions?
Non-citizens cannot be convicted of crimes involving moral turpitude. Petty offenses are exceptions for inadmissibility purposes.
There is no basis for inadmissibility if you have committed only one crime, and the maximum sentence for that crime is one year or less, and the actual sentence of imprisonment, whether active or suspended, is six months or less.
If you have been convicted of one crime of moral turpitude and meet the criteria just described, your conviction will not be counted toward multiple convictions. In contrast, if you have a history of multiple crimes of moral turpitude convictions, you will not qualify for this petty offense exception, and your convictions will be counted towards your total.
Is Alternative Sentencing or Post-Conviction Relief Effective?
You might believe that you are still admissible to the U.S. if you have had one or more convictions expunged or have received deferred prosecution, probation, or some post-conviction relief (likely because you are a first-time offender).
However, this is not always the case, in part due to the way a conviction is defined for immigration purposes. Almost any punishment, penalty, or term of imprisonment ordered by the court can be counted as a conviction, such as incarceration, probation, drug and alcohol treatment programs, community service, or anger management.
A lawyer can help you further understand how your conviction can affect your immigration status. Choose an attorney with specific experience in the overlap between U.S. immigration law and your state’s criminal law.
Do I Need a Lawyer for Assistance With Multiple Criminal Convictions?
Multiple criminal convictions can have a number of different effects on an alien’s immigration status. Immigration laws are also subject to change, sometimes on an annual basis. If you need help with multiple criminal convictions, you may wish to contact an experienced immigration lawyer in your location for representation during hearings.
Your lawyer can help advise you on your current eligibility status and will keep you informed of any changes in the law. Immigration matters are especially complex. Use LegalMatch to find an immigration lawyer today and put an end to your immigration issues.
