Effects of a Criminal Conviction
A conviction on a criminal charge can have serious consequences:
Under U.S. immigration law, a person may face deportation or be denied legal residency if convicted of an aggravated felony or any offense that is considered a crime of moral turpitude.
What Criminal Convictions Subject a Noncitizen to Deportation?
There are many crimes that would subject a noncitizen to deportation. Here are some examples:
Fraud or theft crimes;
DUI that results in injury of another person;
Felony assault and battery;
Domestic violence, even if the charge is misdemeanor battery.
If you are not a citizen of the United States, you should immediately seek advice from an immigration attorney upon being arrested or charged with a crime. Even some misdemeanor offenses with little or no jail time may result in removal (deportation) proceedings, mandatory detention during those proceedings, loss of permanent resident status, and inadmissibility to return to the U.S. for life. Other crimes do not carry such severe consequences, but may result in denial of naturalization to U.S. citizenship.
Under immigration law, a "conviction" exists:
1. When a court enters a formal judgment of guilt; or
2. If adjudication of guilt is withheld, when a judge or jury finds the person guilty or the person enters a guilty plea or nolo contendere, or admits sufficient facts to warrant a finding of guilt, and the judge orders some form of punishment, penalty, or restraint on liberty (e.g. fine, probation, community service or alcohol awareness classes).
If you are facing criminal charges and are in the country as an immigrant, legal or illegal, the government will try to deport you if you are convicted of certain crimes. Taking steps toward defending yourself against the criminal charges, plus attempting to stop the deportation proceedings, are essential. Our firm can advise you of your rights and options if you are facing criminal charges or have already been convicted and are now being deported.
To learn more about potential immigration problems stemming from more than one criminal conviction or Relief from a Criminal Conviction, feel free to contact one of our lawyers immediately at 1-313-982-0010.
When applying for citizenship, it is necessary to show that the applicant has been a person of “good moral character” for the past five years. If there was any criminal conviction during this period, however, it is possible that the naturalization application will be denied.
Additionally, if a criminal conviction is brought to light while applying for naturalization, a person may be placed in removal proceedings. There is a wide variety of acts (some that do not even need to result in a criminal conviction) that will result in a person’s application for naturalization being denied.