Criminal Charges & Immigration Status

Criminal charges can create massive complications for immigrants. Even lawful permanent residents (green card holders) may be subject to removal, may be arrested and detained, or may end up denied naturalization because of a past criminal conviction, and some criminal matters do not even require conviction to trigger inadmissibility or deportability for an immigrant.

A criminal conviction could:

  • Subject you to deportation/removal proceedings without relief or the ability to file for a waiver
  • Subject you to arrest and mandatory detention
  • Make you ineligible to naturalize or renew your green card
  • Prevent you from obtaining residence
  • Affect your ability to travel and petition for other family members

A small sample of some of the most common deportable offenses include:

  • Theft, burglary, fraud offenses, money laundering and counterfeiting
  • Domestic violence and violations of certain protection orders
  • Unlawful possession of a firearm
  • Controlled substances offenses
  • Certain sex offenses, arson, racketeering
  • Deferred adjudications for any other deportable offense where there is a finding of guilt coupled with some punishment—that means dismissals may trigger deportability!

Expunged and vacated convictions may in certain circumstances be treated as convictions for purposes of immigration. Examples of certain criminal activity that can make a person deportable or inadmissible without a conviction are:

  • Holding oneself out to be a United States citizen (even just on a job application)
  • Where there is reason to believe a non-citizen either was or is a trafficker in controlled substances
  • Immigration fraud
  • Marriage fraud

As such, if you an alien or non-citizen who has been convicted of a crime it would be wise for you to consider talking to an attorney before you:

  • travel
  • apply for green card or naturalization
  • renew your green card

About teperlaw

I am an attorney practicing family law, immigration and wills and estate planning. You can find out more about me and my firm by visiting my website at: www.teperlaw.com 106 W. Franklin Ave. Pennington, NJ 08534 (609) 737-3030
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