How Criminal Convictions Impact Immigration Status
For non-U.S. citizens, a criminal conviction can have devastating immigration consequences, often leading to deportation and permanent separation from family and community. The intersection of criminal and immigration law, often referred to as “crimmigration,” is a complex and high-stakes area of legal practice. This guide provides an overview of how criminal convictions can affect immigration status and the potential forms of relief that may be available.
Two Main Consequences:
- Inadmissibility: Prevents a person from entering the U.S. or obtaining a green card. A conviction can lead a consular officer abroad to deny a visa or immigrant petition.
- Deportability: Applies to individuals already inside the U.S., including green card holders. Even an old minor conviction can trigger removal proceedings.
Key Categories of Criminal Offenses
| Category | Description | Immigration Impact |
|---|---|---|
| Aggravated Felonies | Broad category including serious crimes and some lesser offenses such as certain theft or drug crimes. | Often results in mandatory removal and restricts eligibility for relief. |
| Crimes Involving Moral Turpitude (CIMTs) | Offenses involving dishonest or offensive conduct, including theft, fraud, or some assault charges. | Can result in inadmissibility or deportability depending on timing and sentencing. |
| Controlled Substance Offenses | Any drug-related conviction except a single possession of 30g or less of marijuana. | Triggers serious immigration consequences with limited relief options. |
Deportation Defense
If facing criminal charges, it is important that legal counsel understands both criminal and immigration consequences. A plea to a minor offense can still result in removal proceedings. If already in immigration court, various forms of relief may be available.
Forms of Relief from Removal
Available Options:
- Waivers: Possible in cases where removal would cause extreme hardship to a qualifying U.S. citizen or permanent resident family member.
- Cancellation of Removal: Available to certain LPRs and non-LPRs who meet strict residency, character, and hardship requirements.
- Asylum and Humanitarian Relief: Includes asylum, withholding of removal, and Convention Against Torture protection for individuals fearing persecution or torture.
- Post-Conviction Relief: Challenging or overturning the original criminal conviction may eliminate its immigration consequences.
Find Out How a Criminal Charge May Affect Your Immigration Case
Criminal convictions can create serious immigration problems, but you may still have options. Whether you’re facing removal, dealing with a past conviction, or trying to understand the risks of a plea, Marcano Legal is here to guide you with clarity and strategy.
FAQs About Criminal Convictions and Immigration Consequences
A criminal conviction can make a person either inadmissible or deportable. Inadmissibility affects those trying to enter the U.S. or apply for a green card, while deportability affects individuals already inside the U.S., including lawful permanent residents. The impact depends on the type of offense and the timing of the conviction.
Aggravated felonies, crimes involving moral turpitude (CIMTs), and controlled substance offenses carry the most serious consequences. These categories can trigger removal, block green card applications, and limit access to relief.
Yes. Even long-ago convictions can lead to removal if they fall under deportable offenses. Many lawful permanent residents discover this risk only after traveling, renewing their green card, or applying for citizenship.
In some cases, waivers are available for certain grounds of inadmissibility or deportability. Eligibility often depends on showing extreme hardship to a U.S. citizen or permanent resident family member. Not all offenses are waiver-eligible, so eligibility must be assessed case-by-case.
