How Does a Criminal Conviction Impact Immigration Status?

 Posted on December 28,2023 in Immigration

When a person is convicted of committing a crime, the court will hand down the penalty they are required to serve as punishment. If the individual who is convicted is an immigrant – whether in the United States legally or illegally – there will likely be even more consequences because that conviction can mean they will be forced to leave the country. This is why any immigrant who has been charged with a crime should immediately contact an Illinois immigration attorney to ensure their rights are protected.

United States Immigration Laws

Under the U.S. Immigration and Nationality Act, there are two types of crimes that can result in a non-citizen’s removal from this country. The first is an aggravated felony. It is important to note that the definition of an aggravated felony is different under federal immigration law than it is under state law. In fact, there are many crimes that state laws classify as misdemeanor offenses that immigration laws consider aggravated felonies and convictions would result in the person’s removal.

The second type of crime that could result in removal is called a crime of moral turpitude (CIMT). Examples of CIMT crimes include murder, assault, child abuse, rape, sexual offenses, theft, fraud, and crimes against the government.

Removal from the United States

In many criminal cases, the defense and prosecutor will work out a plea bargain. This enables the person accused of the crime to receive a lighter sentence if they agree to plead guilty. However, plea bargains are still considered a conviction and will trigger the process of removal under immigration laws.

If the person convicted is in the country illegally, they will be deported without a formal hearing or have any appeal rights. If the person convicted is a lawful permanent resident, they do have options to prevent deportation, including:

• Voluntary departure – The benefit of a voluntary departure is there will be no order of deportation appearing on the person’s permanent record.

• Cancellation of removal – If the individual meets certain specifications, they may qualify for a cancellation of removal.

• Cancellation of removal under the Violence Against Women Act (VAWA) – Survivors of family or domestic violence may qualify for a cancellation of removal.

Immigration Consequences of Conviction

The permanent impacts on a convicted individual’s immigration status could be:

• They are permanently ineligible to apply for a Green Card or United States citizenship.

• They are permanently banned from applying for a visa and entering the United States.

• They are permanently ineligible to apply for asylum.

Should an immigrant who has been convicted of an aggravated felony attempt an unlawful reentry, they could be sentenced to up to 20 years in prison.

Contact an Illinois Immigration Lawyer if You Are Facing Deportation

If you have been arrested for a crime, do not wait until your criminal case is resolved to address the impact these charges may have on your immigration status. Call Mevorah & Giglio Law Offices at 630-932-9100 to schedule a free consultation with one of our seasoned Illinois immigration attorneys. Your future depends on it.