If you are a non-U.S. citizen facing criminal charges in Indianapolis, IN, it’s crucial to understand how a conviction could affect your immigration status. Even a seemingly minor offense can lead to serious consequences, including deportation, denial of re-entry, or loss of legal status. This resource will explain how a criminal conviction can impact your ability to stay in the U.S. and what legal options you may have.
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How Criminal Convictions Affect Immigration Status
Under U.S. immigration law, certain crimes can trigger severe penalties for non-citizens, including:
- Deportation (Removal): Being forced to leave the U.S.
- Inadmissibility: Being denied re-entry into the U.S. after leaving.
- Loss of Immigration Benefits: Being unable to adjust status, apply for a green card, or become a citizen.
The impact of a conviction depends on the type of crime, the severity of the offense, and whether it is classified as a deportable or inadmissible crime under immigration law.
Crimes That Can Lead to Deportation or Inadmissibility
Certain crimes make non-citizens deportable or inadmissible, meaning they could be removed from the U.S. or prevented from re-entering. These include:
- Crimes Involving Moral Turpitude (CIMTs): Offenses that reflect dishonesty, fraud, or an intent to harm others. Examples include theft, fraud, domestic violence, and aggravated assault. Even a single CIMT committed within five years of entering the U.S. can result in deportation.
- Aggravated Felonies: Almost always lead to deportation. These include crimes such as drug trafficking, murder, rape, and certain firearm offenses. Unlike other offenses, there are generally no waivers or exceptions available for aggravated felonies, making removal from the U.S. highly likely.
- Drug-Related Offenses: Carry significant immigration consequences. Convictions for possession, trafficking, or distribution of controlled substances can result in inadmissibility or deportation. However, there is a narrow exception: a single conviction for simple possession of 30 grams or less of marijuana may not lead to automatic removal.
- Domestic Violence and Child Abuse Convictions: Domestic violence and child abuse convictions, including violations of protective orders, can also trigger removal proceedings. Immigration authorities treat these offenses with particular seriousness, often leading to swift and severe consequences.
- Firearms and Weapons Offenses: These offenses, which include possessing, selling, or using illegal weapons, can also make a non-citizen deportable. Importantly, even non-violent weapons charges can result in harsh immigration penalties.
Understanding these classifications is critical to protecting your rights if you are facing criminal charges.
Can You Avoid Deportation After a Criminal Conviction?
If you are a non-citizen and have been convicted of a crime, you may have legal options to fight deportation or inadmissibility. Some potential defenses include:
- Post-Conviction Relief: Some criminal convictions can be vacated or reduced through legal motions, which may remove the immigration consequences. For example, a conviction could be overturned due to ineffective legal counsel.
- Waivers for Certain Crimes: Some non-citizens may qualify for waivers that allow them to stay in the U.S. despite a conviction. For example, a 212(h) waiver may be available for some CIMTs or drug offenses.
- Adjustment of Status or Asylum: Some non-citizens may be able to apply for asylum, withholding of removal, or another form of legal relief to remain in the U.S. For example, if returning to your home country would put you in danger, asylum may be an option.
These options depend on your specific case, so consulting with an experienced criminal defense and immigration attorney is critical.
Why You Need an Experienced Criminal Defense Attorney
If you are a non-U.S. citizen facing criminal charges, your defense strategy must consider both criminal and immigration consequences. The wrong plea deal or conviction could result in removal from the U.S.
An experienced criminal defense attorney can:
- Analyze your charges to determine if they carry immigration consequences.
- Negotiate plea deals that may avoid deportable offenses.
- Challenge evidence and fight for case dismissal when possible.
- Work with immigration attorneys to develop a strong legal defense.
A criminal conviction can change your future, so having the right legal team can make all the difference.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation
If you are a non-citizen facing criminal charges, you need an attorney who understands both criminal and immigration law. At Suhre & Associates DUI and Criminal Defense Lawyers, we will protect your rights and fight for the best possible outcome in your case. Visit our office or call us for a free consultation. Let us help you defend against criminal charges and protect your immigration status. Contact us today at (317) 759-2599 for a free consultation.
