Immigration Consequences

Immigration Consequences of a Criminal Conviction

For many non-citizens, the most important aspect of a criminal case is how it will affect a visa, green card, or ability to lawfully enter or remain in the United States.  Many non-citizens in Arizona have lived here the majority of their lives, and have built their personal, family, and professional lives here.  It is an unfortunate and devastating reality that even a minor conviction can result in removal, deportation, denial of re-entry, denial of naturalization, and other negative immigration consequences.  The effect a conviction will have depends on many factors, including the severity of the offense, the type of offense, the status of the defendant, and prior criminal history, if any.  For non-citizens facing criminal charges, having an attorney who understands how certain convictions can impact immigration status is essential.  To discuss your criminal case, including how you might avoid negative immigration consequences, contact the Tucson Defenders now for a free consultation 520-585-5757.

Certain convictions can be grounds for deportation, while other convictions may prevent certain types of relief (e.g. DACA recipients can lose their protection with a DUI).  Because each person's status is different, and there are many different kinds of charges in Arizona state and federal courts, analyzing the potential effects of a criminal case on a person's immigration status can be complicated.  Generally speaking, permanent residents (often called "green card holder" or "LPR" short for "lawful permanent resident") will have the greatest protections among non-citizens.  For permanent residents, minor convictions are less likely to result in negative immigration consequences than for individuals on visas, or in the country illegally. 

Some people in the country illegally, who were brought to the United States as children are protected by the Deferred Action for Childhood Arrivals ("DACA") immigration policy.  The proposed DREAM Act would expand DACA, and create a path to citizenship.  Criminal convictions, even minor ones, can result in a person being ineligible for DACA protections.  Visas also exist for victims of certain crimes, and asylum-seekers, students and others.  A person who is in the US illegally, and wishes to remain should consult with an immigration lawyer about their options.  If such person is facing criminal charges, it is also imperative to have a knowledgeable, experienced criminal defense attorney on your side.

For the most part, the more serious a crime, the more likely it is to carry immigration consequences, but there is a lot of nuance to this analysis.  Unfortunately, it is rarely as simple as determining whether a crime is a misdemeanor or felony, or even as simple as offense grading.  The immigration courts apply federal law, and use several different categories of crimes to determine whether a person is deportable, and whether eligible for relief.  The most serious category of crime is aggravated felonies.  Those convicted of an aggravated felony (even permanent residents) will face the greatest risk of removal.  Additional categories include:  crimes of violence/domestic violence, crimes involving moral turpitude, controlled substances, and sex crimes.

America is a nation of immigrants, and many immigrants have made America their home.  In Southern Arizona, there are many non-citizens who have built lives here and have been in the United States longer than they were ever in their country of birth.  If you or a loved one is facing criminal charges, especially if you have immigration concerns, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

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