Understanding How Criminal Charges Can Impact Immigration Status
Criminal charges can have serious consequences for undocumented immigrants, permanent residents (green card holders), and visa holders. A recent ruling now requires undocumented immigrants to prove that their violation is not considered a “crime of moral turpitude.” This creates additional challenges, as even pleading to a misdemeanor can potentially harm your immigration status.
Does a Misdemeanor Affect Immigration Status?
Many people assume that having a misdemeanor instead of a felony won’t impact their immigration status. Unfortunately, that’s not always true. Crimes classified as “crimes of moral turpitude”—even minor ones—can lead to deportation, denial of permanent residency, or being barred from re-entering the United States.
What Should You Do If Arrested?
If you are undocumented, a permanent resident, or on a visa (student or work), it is critical to act carefully if you are arrested. Here’s what you should do:
Get Legal Counsel Immediately
Before making any statements to the police, consult a qualified criminal defense attorney and an experienced immigration attorney. These professionals can work together to ensure that any plea deal or outcome does not harm your immigration status.
Avoid Risky Situations
The best way to protect your immigration status is to avoid potential legal trouble. For example, don’t drink and drive or get into a car with someone under the influence. A single offense could lead to permanent inadmissibility to the U.S.
Why Hiring the Right Attorneys Is Essential
Non-citizens face harsher consequences for criminal offenses than U.S. citizens. While a citizen might face jail time, a non-citizen could be deported, lose their legal status, and never be allowed to return to the U.S. For individuals who have lived in the U.S. for most of their lives, this outcome is devastating. That’s why it’s essential to have both a skilled immigration attorney and a criminal defense attorney by your side.
Don’t Risk Your Future
If you are facing criminal charges and are not a U.S. citizen, take immediate action to protect your immigration status. Work with attorneys who understand the complexities of immigration law and criminal law to help minimize the impact on your ability to stay in the United States.
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At Lum Law Group, every case is approached with a commitment to excellence and a focus on achieving the best possible outcome. With decades of experience in immigration, business, and intellectual property law, we provide personalized legal solutions that set you up for success.
