Certain crimes—like drug offenses, fraud, and violent crimes—can make you inadmissible or deportable under U.S. immigration law. Even minor charges can have serious consequences, so it’s critical to understand your risks.
What Does “Inadmissible” vs. “Deportable” Mean?
- Inadmissible: You may be denied entry into the U.S. or denied a green card or visa
- Deportable: You can be removed from the U.S. after being admitted
Some crimes can trigger both, depending on your status.
What Types of Crimes Affect Immigration Status?
- Crimes Involving Moral Turpitude (CIMTs)
These are offenses involving dishonesty or harmful intent, such as:
- Theft or shoplifting
- Fraud or forgery
- Assault with intent to harm
Even a single conviction can impact your immigration case.
- Drug Offenses
Drug-related crimes are among the most serious in immigration law.
- Possession, distribution, or trafficking
- Even small amounts can cause problems
In many cases, drug convictions can lead to automatic deportation or permanent inadmissibility.
- Aggravated Felonies
Despite the name, these don’t always have to be “felonies” under state law.
Examples include:
- Drug trafficking
- Sexual abuse of a minor
- Certain theft or violent crimes
- Fraud involving large financial losses
Aggravated felonies carry severe consequences, often limiting your ability to seek relief.
- Domestic Violence and Related Offenses
Crimes involving family members can also trigger immigration consequences, including:
- Domestic violence
- Child abuse or neglect
- Violation of protection orders
These cases are taken very seriously in both criminal and immigration courts.
- Firearms Offenses
Unlawful possession or use of a firearm can make someone deportable, even if the charge seems minor under Pennsylvania law.
Can Charges Without a Conviction Affect You?
In immigration law, a conviction isn’t always required to make you inadmissible or lead to deportation. Admissions of guilt, certain plea deals, or participation in diversion programs can still have consequences.
Why Immigration Consequences Are Often Overlooked
Many people focus only on the criminal case, but immigration consequences can be even more serious.
For example, in Philadelphia:
- A reduced charge may still trigger deportation
- A plea deal may not protect your immigration status
- Even older convictions can resurface during immigration applications
Are There Any Defenses or Waivers?
Depending on your case, there may be defense or waiver options, which may include:
- Waivers for certain offenses
- Post-conviction relief
- Immigration court defenses (like cancellation of removal)
However, not all crimes are eligible for relief.
Frequently Asked Questions (FAQ)
Can a misdemeanor affect my immigration status?
Yes. Even minor offenses can lead to serious immigration consequences.
Will a dismissed case still affect me?
Sometimes, depending on the circumstances and admissions made.
Can I be deported for a DUI?
In some cases, yes—especially if there are aggravating factors.
Should I tell my criminal lawyer about my immigration status?
Absolutely. This is critical to protecting your future.
Need Help Protecting Your Immigration Status?
If you’ve been charged with a crime or are concerned about how a past conviction may affect your status, the Philadelphia immigration attorneys at Jensen Bagnato, P.C. can help. Contact us today for a free consultation and experienced guidance.