Criminal charges can result in major consequences. Individuals accused of breaking the law are at risk of various penalties. The courts can order them to perform community service or incarcerate them. Fines, driver’s license suspensions and probation are also common criminal penalties.
If the person accused is an immigrant with a visa or green card, criminal charges are more problematic than they are for citizens. A background check is a key component of each stage in the immigration process. People convicted of serious offenses could be at risk of losing their visas or becoming ineligible to apply for green cards.
Convictions can also lead to an immigrant’s removal from the United States. In some cases, immigrants might even be vulnerable after an arrest, even if they have not yet been convicted of any wrongdoing.
Some charges are more serious than others
People accused of simple traffic offenses or other minor statutory violations typically don’t need to worry about their immigration status. Even with a conviction, they may still qualify for their visas or for a green card in the future.
Other types of charges can be serious enough to prompt immediate reactions. For example, in cases where people face accusations of involvement with terrorism, organized criminal activity, violent crimes or drug trafficking, United States Immigration and Customs Enforcement (ICE) can potentially request an immigration detainer.
A detainer only requires probable cause to believe that a foreign national could be removable based on criminal charges. Credible accusations of serious offenses, such as homicide, kidnapping, sexual assault and drug trafficking, are potentially enough to justify an immigration detainer.
Avoiding convictions is often the best option
Only a small minority of criminal charges are serious enough to warrant detainers and immediate removal efforts. However, an assortment of different criminal offenses can impact an immigrant’s status after a conviction.
Drug offenses, repeat drunk driving offenses and other seemingly minor crimes can be enough to affect eligibility for a visa or green card. Crimes involving violence or moral turpitude can also affect immigration options.
Immigrants recently arrested may need help evaluating their circumstances and preparing an appropriate response. With the right help, immigrants can protect their status while simultaneously avoiding a criminal conviction.
Those living in the United States with visas related to work or family relationships are vulnerable after an arrest. Immigrants facing particularly severe charges could face removal due to an immigration detainer, even if the state drops the charges against them. A conviction could end their eligibility for a visa, leading to immediate removal risk or inability to renew the visa when it expires.
Learning about the impact that different charges may have can help people respond appropriately to criminal allegations to protect their legal status in the United States. Immigrants may need help defending against pending criminal charges to protect their lawful status in the United States.