Criminal Convictions Can Be Devastating

Criminal convictions can be emotionally and financially challenging for anyone. If a criminal conviction occurs for an immigrant, the results can be devastating. Don’t hesitate to contact an experienced criminal defense attorney to determine what options you have and protect yourself immediately.

Criminal convictions can affect all non-citizens or aliens, even those who have been permanent residents in the United States for years.

It’s imperative that you act immediately to determine your options and aggressively pursue them.

How Can a Criminal Conviction Impact U.S. Citizenship?

A common occurrence for those who are pursuing U.S. Citizenship and are criminally charged is that their application process will be significantly delayed or denied as a result.

In some cases, if you are denied, you can apply at a later date, depending on the charges. In other examples, you may be deemed permanently ineligible for citizenship in the United States as a result of the charge.

Obtaining citizenship following a criminal conviction may require the applicant to prove that they could avoid further criminal issues for an extended period of time. They may also have to prove that they have been rehabilitated to a certain degree and that their moral character can be thoroughly established through others’ statements and more.

In some cases, the alien will be deported as a result of their criminal charges or as a result of how they pled during the court case.

Individual Could Be Deemed Inadmissible

Some charges may result in the alien being deemed inadmissible. This result can mean the individual is no longer permitted entry into the United States. The individual can be prohibited from entry whether they are an immigrant or temporary non-immigrant.

Whether the individual has an approved petition through another family member or employer may also be irrelevant, and they may be barred from changing their status to legal in the United States as a result of the charges.

Crimes Involving Moral Turpitude

According to the Immigrant Legal Resource Center, a Crime Involving Moral Turpitude “has been vaguely defined as a depraved or immoral act or violation of the basic duties owed to fellow man…”

What can make this confusing is that there is no set list of crimes that involve moral turpitude so each criminal charge may be up for a case-by-case analysis.

Some examples of crimes involving moral turpitude include crimes of fundamental dishonesty, whether it be larceny or fraud. Crimes can also include robbery, theft, or forgery.

Each state will have a more specific approach as to how they will read into the charges and what consequences may be required.

One of the consequences if convicted of a crime involving moral turpitude is to be deported, so it’s imperative that you work with your attorney to determine if the charges against you fall into this category.

Aggravated Felonies

Other charges that could result in deportation are aggravated felonies. Some examples of aggravated felonies are;

  • Manslaughter
  • Theft
  • Robbery
  • Sell, manufacture, or deliver cocaine.
  • Aggravated assault
  • Burglary
  • DUI resulting in serious bodily injury

This list isn’t exhaustive but contains several common examples of what aggravated felonies consist of in Florida.

Variables In Determining What Affect Charges Will Have on Immigration

There are several variables to consider that the courts will thoroughly review regarding the criminal charges and how they may affect immigration status. Some of the most common elements are listed below;

The date of the original offense and where the defendant was in the immigration process.

The date the alien was convicted.

History of other convictions – does the alien have other prior convictions? Were they similar crimes or resulted in similar charges? What dates did these occur? Were they recent? Is there an established pattern?

What were the sentencing details of the crime? Did the defendant spend an excessive amount of time incarcerated?

What was the maximum punishment allowed by law for the same offense, and if the alien received the maximum punishment or something lessened? And why?

The date the alien was admitted or entered into the United States and their current immigration status.

It’s Crucial to Your Future to Speak With Your Attorney Immediately

Taking a plea can be incredibly appealing for those who aren’t an alien, as it usually means that the punishment is far less than what was proposed. Charges can be lessened, jail time may be less or non-existent, and more.

One of the confusing aspects of your legal options as an alien is that if you should choose to take a plea to the charges, that decision could render you deportable or inadmissible into the United States.

It’s imperative that you understand your rights and learn what taking a plea could result in for your immigration status. Consult your experienced criminal defense attorney immediately.

Seek Aggressive Protection Immediately

With a significant background in prosecution, our team has vast experience on both sides of the courtroom and has what it takes to protect our clients fiercely. Don’t hesitate to contact us immediately regarding the charges against you and what your options are.

Don’t let one choice or one day affect your life forever. We are here to help and to listen with compassion, and then aggressively protect you as necessary.

Contact our office today at (786) 933-6242 for your no-obligation case evaluation. We will help you navigate your questions and concerns and put together a strategy to ensure you are protected and advocated for moving forward with your criminal charges. You are not alone, and you have rights.

We look forward to serving you.