Committing a criminal offense can severely jeopardize the immigration case of anyone in the United States. Whether you are a permanent resident, visa holder, international student, or even a refugee, certain crimes can lead to deportation or make it impossible to adjust your status.
In this article, you will find a clear guide on the most serious offenses that affect immigration status and the consequences they could have for your stay in the country.
Crime vs. Misdemeanor: What’s the Difference?
Before discussing the crimes that immigration does not forgive, it is important to understand the difference between a crime (felony) and a misdemeanor.
- Felony:
A felony is a serious crime that carries a punishment of at least one year in prison. Beyond legal consequences, a felony can have serious implications for your immigration case, including deportation or the loss of immigration benefits. - Misdemeanor:
A misdemeanor is a minor crime that generally results in up to 12 months in jail or a small fine. In most cases, misdemeanors do not have immigration consequences. However, if they escalate, they can become felonies and jeopardize your immigration status.
For example, a traffic violation is typically a misdemeanor, but driving under the influence (DUI) or without a license could be classified as a felony and put your immigration status at risk.
Who Can Be Subject to Deportation?
In general, anyone who is not a U.S. citizen can face deportation for committing certain crimes. This includes a wide range of individuals residing in the country under various immigration statuses. Here’s who is at risk:
- Permanent residents with a green card: While they have strong legal status, committing a serious crime could result in losing their residency and being deported.
- Visa holders: Individuals with temporary visas, such as work visas, must strictly comply with U.S. laws. A criminal offense can end their visa and stay in the country.
- International students: Those in the U.S. on student visas may have their visas canceled if they break the law or violate visa conditions.
- Refugees and asylees: Although seeking protection in the U.S., they can lose their status if they commit certain serious crimes.
- Undocumented immigrants: Those without legal documents to reside in the country face a higher risk of deportation, especially if arrested for any crime.
If you belong to one of these categories and face legal issues, it’s crucial to act quickly to protect your status. Consulting with an immigration attorney can make a significant difference, as each situation is unique and requires specialized attention to find the best solution.
Remember, the consequences of legal trouble can go beyond jail time. They can also include deportation, a ban on returning to the U.S., or losing future opportunities to adjust your status. Staying informed and taking timely action is essential.
List of Deportable Crimes
Certain crimes can lead to deportation, in addition to the usual legal penalties. Below are some of the most common offenses that, according to U.S. immigration law (INA), could put your immigration status at risk.
Crimes Involving Moral Turpitude
These are offenses deemed immoral and harmful to public conscience. In other words, they are actions society considers extremely serious and damaging. Examples include:
- Fraud: Deceiving others to gain money or benefits.
- Theft: Taking something that isn’t yours, especially with violence or threats.
- Assault with intent to cause harm or steal: Attacking someone with the intention of inflicting harm or taking something of value.
These crimes may seem straightforward, but they can have a serious impact on your immigration case, as they are considered severe violations of basic societal norms.
Aggravated Felonies
Aggravated felonies are the most serious offenses under immigration law. Committing one of these crimes almost always results in deportation. Common examples include:
- Murder: Intentionally taking another person’s life.
- Rape: A sexual offense considered one of the most severe crimes.
- Child sexual abuse: Any inappropriate conduct involving children.
- Drug trafficking: Possessing, selling, or transporting illegal substances like marijuana (over 30 grams), cocaine, crack, ecstasy, and others.
- Weapons trafficking: Illegally buying, selling, or transporting firearms, explosives, or destructive materials.
- Money laundering: Handling money obtained from illegal activities, especially if the amount exceeds $10,000.
Being convicted of any of these crimes not only risks your immigration status but could also result in immediate deportation.
Other Serious Crimes
Other crimes that could lead to deportation include:
- Arson: Intentionally setting fire to cause damage or destruction.
- Robbery or extortion: A conviction for these crimes with a prison sentence of at least one year can endanger your immigration status.
- Document forgery: Creating, using, or selling fake documents, especially for profit, is unforgivable under immigration law.
Consequences of These Crimes
These offenses can have severe consequences for your status in the U.S., including:
- Immediate deportation: Once convicted, deportation proceedings can begin swiftly.
- Reentry ban: Some crimes can result in a ban on reentering the U.S. for years or even for life.
- Loss of immigration benefits: You may lose the chance to obtain a green card, apply for citizenship, or adjust your status in the future.
How to Protect Your Immigration Case
If you face charges for a crime that could affect your immigration status, it’s crucial to consult an immigration attorney. Every situation is different, and an expert can help you understand your options and defend you before immigration authorities.
Remember, prevention is better than cure. Avoid committing crimes and adhere to U.S. laws to protect your status and ensure your stay in the country. If you have questions, seek legal help as soon as possible.
Can Deportation Be Avoided?
In some cases, you may qualify to request a waiver depending on the offense committed and your personal circumstances. This could help resolve your situation and adjust your status. However, every immigration case is unique, and the outcome depends on many factors.
Crimes and Citizenship Applications
If you are applying for U.S. citizenship, criminal records can also affect your application.
- If you’ve committed a serious crime, your naturalization application could be denied.
- In extreme cases, you may even be deported after submitting your application.
Final Recommendations
If you are facing legal trouble that could jeopardize your immigration status:
- Seek legal advice: Having an immigration attorney is key to protecting your rights and exploring legal alternatives.
- Educate yourself on your situation: Understand immigration laws and how they affect your specific case.
- Avoid hasty decisions: Any mistake could complicate your situation further.
Committing a crime can have severe consequences for your status in the U.S., from immediate deportation to the inability to obtain immigration benefits. It’s crucial to stay informed and take preventive measures to avoid these situations.
If you have questions or face a complicated legal situation, remember the importance of consulting with an immigration attorney. Every case is unique, and an expert can guide you toward the best possible solution.
