The Consequences of Criminal Charges: Inadmissibility and Removability
Criminal convictions can impact a foreign national’s immigration status in one of two ways: inadmissibility and removability (deportation). Each area is explained in more detail below:
Inadmissibility
A criminal conviction can mean that a person is inadmissible to the United States — in other words, not allowed to gain entry. But it can also apply to a change from one status to another such as not being able to receive a green card when already in the United States. One other way it can affect individuals’ status is if they leave the country – even if they’re currently a green card holder – and they try to re-enter. Or, if, say, foreign nationals apply from abroad for a particular immigration status, they might not be able to enter the United States on the grounds inadmissibility.
Removability (Deportation)
The other way a criminal conviction can impact an individual’s immigration status is that it can make them “removable” or “deportable.” Removability applies to those who are in a lawful immigration status and are not doing anything to try to apply for a new status or to enter the country from abroad. They are already here but because they have been convicted, can now be deported. Individuals who have been lawfully admitted, but have fallen out of “legal” status might also fall under this particular category.
How we help you DEFEND AGAINST the IMMIGRATION CONSEQUENCES OF CRIMINAL CHARGES:
We guide you through the options and the legal recourse you have if facing inadmissibility or removability.
We explain the time lines, deadlines and processes in clear terms, as well as provide your legal counsel during hearings.
We keep track of your court dates and other process hearings to defend your status or stay within the United States.
Types of Criminal Charges as Grounds for Inadmissibility or Removability
While a conviction for any number of crimes might qualify as grounds for inadmissibility and removability, we’ll focus here on two broad categories that generally apply.
Crimes of moral turpitude
Aggregated felonies
Certainly, it’s possible that an offense could be considered an aggravated felony and a crime of of moral turpitude, though more often it’s one or the other. Here is more detail about each offense type:
Crimes of Moral Turpitude
Often vague and imprecise, a “crime of moral turpitude” is a legal category of criminal offense that can impact your immigration status. Broadly, it’s defined as an act that is immoral, depraved, or a violation of the basic duties owed to other human beings. They’re distinguished from other crimes because they’re specifically mentioned in the Immigration and Nationality Act of 1965 as types of offenses that should bar you from receiving immigration status in the United States.
For example, offenses that involve a theft, an intent to commit fraud, or an intent to inflict bodily harm will typically qualify. Crimes that are reckless or malicious can also qualify, as can those that can involve misconduct or sexual assault, even writing a bad check can fall into this category. Crimes of moral turpitude will often differ in interpretation from state to state. And because there are some many offenses that could potentially fall under this category, it’s always best to hire an experienced immigration lawyer such as us at Border Pathways, who will research any applicable case law.
Aggravated Felonies
Of all the criminal offenses, aggravated felonies can carry the most extreme immigration consequences in terms of impacting status. It’s defined through a list of a number of federal definitions of crimes. (If you’re dealing with the state offense, you have to compare it to the federal offense to determine whether it would qualify.) Examples of aggravated felonies could include:
Murder
Rape
Burglary
Bribery
Alien smuggling
Forgery
Money laundering
Tax evasion
Obstruction of justice
Treason
Theft
Firearm offenses
Drug offenses
Those are only a few of the offenses, the actual list is much longer. Contact us if you have questions or if you have been charged with a crime (ideally, before conviction) as that might improve the chances your to keep your current immigration status intact.
A conviction on criminal charges can impact your immigration status. Border Pathways will provide a legal defense against the consequences of inadmissibility and removability.
Consequences of Criminal Charges Could Impact Your Family
When your family is dependent upon your immigration status for their own status, any criminal charge against you could affect their status as well. So, as an example, if your family was here as the derivative on your employment-based visa and you convicted of a criminal act, your family’s legal immigration status may be in jeopardy as well.
Why Choose Us For the Immigration Consequences of Criminal Charges
As mentioned above, when it comes to crimes of moral turpitude and aggravated felonies, the law can be complex and can vary state-to-state. If you’re faced with such charges, we at Border Pathways can help. As experienced immigration attorneys, we can help you navigate the law when it comes to your options and immigration status. We’ll personally handle and defend your case to give you the best opportunity of success.
Our Fees for Immigration Consequences of Criminal Charges Defense / How We Bill
We charge transparent and reasonable fees for any legal services when it comes to defending those who are threatened with deportation or inaccessibility due to criminal charges. Contact us for a free consultation and we can discuss your case specifics and the costs.
Contact Us for a Free Consultation on Immigration Consequences of Criminal Charges
Tell us a little about yourself
Whether you’re in the Washington, D.C. area (DMV), or you’re just looking on Google in the D.C. Metro area for “an immigration lawyer near me,” our office is located at 2111 Wilson Blvd, Arlington, VA 22201. We’re happy to serve those living in the District, Northern Virginia (Arlington, Alexandria, Falls Church, Fairfax, McLean), Maryland (Montgomery County - Bethesda, Rockville, Silver Spring, Chevy Chase, etc.), Oxon Hill, College Park, Laurel, Baltimore, and more.
* Consultation is free for the purpose of discussing your specific immigration law case, and the various options available to you at a high level. Consultation is no obligation.