For non-citizens living in the United States, a criminal conviction can have consequences that extend far beyond fines, probation, or jail time. In many cases, a criminal offense can affect immigration status and may even lead to removal proceedings.
Because immigration law and criminal law frequently overlap, it is important to understand the potential risks before accepting a plea agreement or resolving a criminal case.
Can a Criminal Conviction Lead to Deportation?
Certain criminal convictions can make a non-citizen removable under federal immigration law. Depending on the offense, a conviction may trigger deportation proceedings, prevent future immigration benefits, or create barriers to obtaining lawful permanent residence or citizenship.
Even individuals who have lived in the United States for many years may face immigration consequences following a criminal conviction.
What Types of Crimes Create Immigration Problems?
Not every criminal offense results in deportation, but some categories of crimes receive heightened scrutiny under immigration law.
These may include:
- Drug-related offenses
- Domestic violence offenses
- Certain theft or fraud crimes
- Firearms offenses
- Crimes involving moral turpitude
- Aggravated felonies, as defined under immigration law
It’s important to note that the immigration definition of an “aggravated felony” is often different from how a crime may be classified under state criminal law.
Why Plea Agreements Matter
Many people assume that avoiding jail time eliminates immigration concerns. Unfortunately, that’s not always the case.
In some situations, pleading guilty to a seemingly minor offense can create serious immigration consequences. The specific language of a plea agreement, the sentence imposed, and the nature of the conviction can all affect how immigration authorities view the case.
Before accepting any plea deal, non-citizens should understand the potential immigration impact.
Criminal Convictions and Immigration Benefits
A criminal record may affect more than deportation risk.
Depending on the circumstances, a conviction could impact:
- Green card applications
- Naturalization and citizenship eligibility
- Visa applications
- Adjustment of status requests
- DACA and other immigration benefits
Some offenses may result in delays, denials, or additional scrutiny during the immigration process.
What Should You Do If You Have a Criminal Record?
If you’re not a U.S. citizen and have been arrested, charged, or convicted of a crime, it’s important to seek legal guidance as soon as possible.
An experienced immigration attorney can review your case, identify potential risks, and evaluate whether any forms of relief or defense may be available. Early action is often critical when immigration status is at stake.
Protecting Your Future
Criminal and immigration issues can quickly become complex. A decision made in criminal court today may have long-term consequences for your ability to remain in the United States.
At Jensen Bagnato, P.C., our immigration attorneys assist clients throughout Pennsylvania and Southern New Jersey with deportation defense, immigration relief, and matters involving the intersection of criminal and immigration law. Contact our office today to discuss your situation and learn about the options that may be available to protect your future.