What Type of Criminal Convictions Will Negatively Affect Immigration Status
Our law firm represents individuals charged with a variety of crimes in Pennsylvania in New Jersey. In some circumstances we need to advise clients who are not United States citizens as to ramifications of a conviction as it pertains to their immigration status.
It is important to understand that in some situations a conviction can or may present a non-citizen with a problem which would make them unable to obtain lawful admission status into the US. It may also prevent a non-citizen who is already lawfully admitted returning to the US following a trip abroad or being removed from the country.
Immigration & Drug (Controlled Substance) Offenses and Crimes Involving Moral Turpitude
A conviction for a controlled substance could substantially affect the person’s immigration status.
In addition to any conviction involving a crime involving moral turpitude including any of the following could affect immigration status.
- Offense with an intent to steal or to fraud as an element (theft, forgery)
- Offense in which bodily harm is caused or threatened by intentional act or seriously bodily harm (murder, rape, some manslaughter and assault offenses.
- Most sex offenses
Petty or Summary Offenses & Low-Level Misdemeanor Crimes
Typically, petty or summary offenses, along with low level misdemeanor crimes (Ungraded Misdemeanor or 3rd Degree Misdemeanor) which do not subject a person to greater than a year in a State prison or do not involve a prison sentence of greater than 6 months will not affect the person’s immigration status.
A conviction of 2 or more of these offenses of any type with an aggregate prison sentence of 5 years could negatively affect a person’s immigration status.
Criminal Deportable Grounds (Removal)
In some situations, following a conviction a non-citizen, who is already lawfully admitted to the United States, such as a permanent resident (Green Card holder) can be removed from the Country aka deported.
These offenses include a conviction for controlled substance except a single offense of simple possession of 30 grams or less of marijuana.
Crimes Involving Moral Turpitude
Any of the following CIMT offenses could subject a person to be removal/ deportation.
- CIMT committed within 5 years of admission to the US and for a prison sentence of 1 year or longer.
- 2 CIMT offenses committed at any time after admission not arising out of a single act.
- A conviction of a firearm or destructive device offense
- A conviction of crime of domestic violence, a crime against children, stalking or violation of a PFA, TRO, or FRO
- A conviction for aggravated felony. These would include any of the following:
- Murder
- Rape
- Sexual abuse of a minor
- Drug trafficking (distribution)
- Firearm trafficking
- Crime of violence and at least 1 year of State prison
- Theft and burglary and at least 1 year of State prison
- Fraud or tax evasion
- Loss to victims in excess of $10,000.00
- Commercial bribery
- Obstruction of justice or perjury and at least 1 year of State prison sentence
- Federal offenses including money laundering, certain firearm expenses and alien smuggling
- Any attempt or conspiracy related to any of the above crimes
What is considered a conviction for immigration purposes?
For the purposes of immigration, a conviction is defined as a formal judgment of guilt entered by a Court or adjudication of guilt where a Judge or jury has found a non-citizen guilty or the non-citizen has entered a plea. In addition, a conviction would also include no NOLO contendere (no contest).
It is important to understand that a conviction also includes any Court ordered drug treatment, domestic violence counseling, or a diversion program (i.e. Pennsylvania – ARD; New Jersey – PTI) if a guilty plea is taken even if the plea is later vacated. Deferred adjudication however without a guilty plea is not a conviction.
What to do if you are charged with a crime and you are not a U.S. citizen?
If you are charged with a crime, you need to hire a criminal defense lawyer! If you are not a U.S. citizen, you must speak with that lawyer as to how that crime will affect your status
Contact Our Criminal Defense Lawyers in PA & NJ
Please click here to contact our criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
