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
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