Having a criminal record affects immigration. If you have been convicted of a crime in the U.S. or another country, your criminal history could negatively affect your ability to live in the U.S. if you are not a U.S. citizen. This is true even if you are a permanent resident or legally in the U.S. in another status. A criminal record affects immigration and could result in you being placed in removal proceedings and potentially being deported.
Convictions and Consequences to Immigration
The Immigration and Nationality Act (INA) outlines the types of crimes that make a person deportable or inadmissible to the U.S. Criminal convictions can carry very severe immigration consequences such as an arrest by ICE, detention, revocation of a status, and deportation. A conviction includes being sentenced by a judge or jury to jail time or some other form of punishment, pleading guilty or no contest to a charge, or receiving a suspended sentence.
There are also situations that might not appear to be a conviction under criminal law but are considered a conviction under immigration law. For example, in some states there are programs that require the defendant to enter a plea of guilty at the start of the proceedings which will later be removed if the defendant successfully completes the program. For immigration purposes, the initial guilty plea is enough to count as a conviction even if the program is successfully completed and the charge is later withdrawn. Before deciding to accept such a program, it is important to consult with an immigration attorney.
Immigration law also does not recognize expungements. Even if you have had a criminal conviction erased from state records, in most situations it will still count against you as a conviction for immigration purposes.
2 Types of Crime for Immigration Purposes
Criminal record affects immigration in two main categories: Crimes Involving Moral Turpitude (CIMT) and Aggravated Felonies. Crimes of moral turpitude refer to crimes like petty theft and possession of certain controlled substances. Aggravated felonies are the most serious crimes, which include murder, rape, sexual abuse of a minor, drug offenses, or any other violent crimes for which the punishment is at least one year of prison time. Crimes of moral turpitude and aggravated felonies on your criminal record affects immigration with particular consequences.
How Siri & Glimstad Can Help
If you are worried that your criminal record affects immigration in your case, or that it could make you deportable or inadmissible, consult the experienced immigration lawyers at Siri & Glimstad.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
