How Can Criminal Charges Affect My Immigration Status?

 Posted on November 24, 2020 in Immigration

Legally immigrating to the United States can be challenging under any circumstances, but a criminal record can significantly increase the obstacles to immigration. It can also affect your ability to obtain a green card or citizenship, and it may result in your deportation. If you have been charged with a crime in the past, or if you are currently facing criminal charges, an immigration attorney can help to protect your rights and avoid excessive consequences.

What Kinds of Crimes Can Affect My Status?

There are several different categories of crimes that can affect your immigration status in some form. Two of the most notable categories are:

• Crimes of moral turpitude - This category is not clearly defined, but is typically considered to include crimes involving malicious intent and immoral behavior, such as fraud, abuse, or violence.
• Aggravated felonies - U.S. immigration law includes a specific list of aggravated felonies, including but not limited to murder, rape, some other violent crimes, drug and firearm trafficking, and some forms of theft, crimes against children, tax evasion, and money laundering.

The Effects of Criminal Charges on Immigration

A criminal record can affect various aspects of the immigration process, including:

• Visa eligibility: Aggravated felonies and crimes of moral turpitude can result in the denial of an application for a family, employment, or student visa.
• Green card eligibility: A criminal history can also prevent immigrants from being admitted to the U.S. as lawful permanent residents, and if a temporary resident is convicted of a crime in the U.S., it can affect the ability to seek an adjustment of status.
• Naturalization eligibility: The process of obtaining citizenship requires that a lawful permanent resident demonstrate good moral character, and a criminal record can make it more difficult or impossible to do so.
• Deportation: Some criminal convictions may result in deportation, whether the offender is a temporary resident or a lawful permanent resident.

If you are seeking admission to the United States and you have a criminal past, an attorney may be able to help you obtain a waiver of your inadmissibility if you can demonstrate that your admission would not harm the safety and security of the United States. If you are already in the U.S. on a temporary or permanent basis and you are facing criminal charges, an attorney can help you present a strong defense with the goal of avoiding a conviction that could affect your status.

Contact an Illinois Immigration Attorney

At Mevorah & Giglio Law Offices, we assist with all legal elements of the immigration process, and we also have the criminal defense experience to help you protect your rights and status. Contact an Illinois immigration lawyer at 630-932-9100 for a free initial consultation.

Source:

https://fas.org/sgp/crs/homesec/R45151.pdf