Immigration Consequences of Criminal Convictions – A Guide for Non-citizens
Immigration law is complex and constantly evolving, particularly when it comes to criminal convictions. Non-citizens who are facing criminal charges or who have been convicted of a crime must be aware of the potential immigration consequences of their actions. In this guide, we will provide an overview of the immigration consequences of criminal convictions for non-citizens in the United States.
Overview of the Immigration Consequences of Criminal Convictions
Non-citizens who are convicted of certain crimes may be subject to deportation, exclusion from the United States, or denial of naturalization. The immigration consequences of criminal convictions depend on a variety of factors, including the type of crime, the sentence imposed, and the non-citizen’s immigration status.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude (CIMTs) are offenses that involve dishonesty, fraud, or intent to harm others. Examples of CIMTs include theft, fraud, and aggravated assault. Non-citizens who are convicted of a CIMT may be subject to deportation, exclusion from the United States, or denial of naturalization.
However, not all CIMTs are created equal. Some CIMTs may be considered “petty offenses” and may not trigger the immigration consequences described above. A petty offense is a CIMT for which the maximum penalty does not exceed one year of imprisonment and the actual sentence imposed does not exceed six months.
Drug Crimes
Non-citizens who are convicted of a drug crime may be subject to deportation, exclusion from the United States, or denial of naturalization. This includes both simple possession and trafficking offenses. However, some drug offenses may be considered “de minimis” and may not trigger these immigration consequences. A de minimis drug offense is an offense involving possession of 30 grams or less of marijuana.
Aggravated Felonies
Aggravated felonies are a broad category of offenses that includes crimes such as murder, rape, and drug trafficking. Non-citizens who are convicted of an aggravated felony are subject to mandatory deportation and are not eligible for most forms of relief from removal.
It is important to note that the definition of “aggravated felony” is not limited to offenses that are classified as felonies under state or federal law. Many offenses that are classified as misdemeanors can still be considered aggravated felonies for immigration purposes.
Crimes of Domestic Violence
Non-citizens who are convicted of a crime of domestic violence may be subject to deportation, exclusion from the United States, or denial of naturalization. This includes offenses such as domestic assault, battery, or violation of a protective order. However, not all domestic violence offenses trigger these immigration consequences. Only offenses that meet certain criteria, such as involving the use or attempted use of physical force, are considered crimes of domestic violence for immigration purposes.
Other Crimes
Non-citizens who are convicted of other crimes, such as firearms offenses or crimes involving national security, may also be subject to deportation, exclusion from the United States, or denial of naturalization. The specific immigration consequences depend on the nature of the offense and the non-citizen’s immigration status.
Conclusion
Non-citizens who are facing criminal charges or who have been convicted of a crime must be aware of the potential immigration consequences of their actions. Even seemingly minor offenses can have serious immigration consequences for non-citizens. It is important to consult with an experienced immigration attorney if you are a non-citizen facing criminal charges or if you have been convicted of a crime.
By understanding the immigration consequences of criminal convictions, non-citizens can make informed decisions and take steps to protect their rights and their immigration status.