When it comes to the complex rules regarding the U. S. immigration immigration law the ramifications of a criminal accusation and conviction do not end there, especially if one is a green card holder. Therefore, it is important for a green card holder who is being charged with a misdemeanor irrespective of the outcome of the case, meaning it may be a misdemeanor or felony, their immigration status will greatly depend on how the authorities handle such a situation. This paper aims to discuss some of the issues encountered in connection with misdemeanor convictions among green card holders and whether they are at risk of immigration status deportation.
The Nuances of Misdemeanors in Immigration Law
That is, whether it is a misdemeanór a felony, or any other classification of a crime as far as immigration is concerned may appear to be inconsequential. In that case, the immigration law of the U.S. includes its definitions and criteria which is different from the conventional law criteria at times.
There sometimes arises a question of status for green card holders when they are convicted of a misdemeanor, be it a guilty or a not guilty verdict. Crimes do not need to be ‘serious’ on some mental or moral scale, a conviction for any crime may lead to consequences if it falls under the “grounds of deportation” as defined in immigration law. A person with LPR could, for instance, be charged with such a crime and end up facing deportation from the United States, if they are convicted for such an offense.
Interestingly, the term ‘misdemeanor’ itself is not found all the time in the list of crimes that can lead to deportation. Thus, other descriptions that can be used in immigration law to refer to misdemeanors are utilized instead. For instance, misdemeanor theft may be considered a crime of moral turpitude under immigration law, which makes it qualifies as a deportable charge if committed during the immigrant’s initial five years in the U.S. or if the person has two similar charges.
However, certain types of crimes regardless of the misdemeanor or felony in classification, may warrant deportation. Such crimes are Narcotics charges, criminal use of firearms including sales, cases of spouse or partner abuse, cyberstalking, child abuse, or negligence among others.
The Role of U.S. Citizenship in Mitigating Consequences
If an immigrant does not suffer the fate of getting deported upon entering the American criminal justice system, then the next best thing would be to apply for naturalization as soon as one becomes eligible to be a citizen who is protected in the United States. However, a criminal record has the potential to either reduce or completely negate the required naturalization qualifications.
However, these obstacles show that the process of attaining the U. S citizenship is not an easy one, especially for those candidates with criminal background records. Certain actions that are deemed as “crimes of moral turpitude” or ‘aggravated felonies’ in the immigration law, may hinder the chances of attaining naturalization.
Navigating the Complex Terrain: Legal Representation
These matters are complicated by the fact that there is a strong relationship between criminal charges and their immigration implications and one must seek help from both an immigration attorney and a criminal defense attorney.
If you are an immigrant then this is information that your criminal defense attorney should know as early as possible. However, not all criminal defense lawyers specializing in Criminal laws and procedures may fully appreciate or know all the legal provisions in the laws of U.S immigration as a separate legal entity Thus consultation with an Immigration lawyer is vital. Sometimes it may be wise to seek help from an immigration attorney or lawyer who will be accurate in advising the green card holder on the best way to handle his/her case.
In conclusion, a Green Card holder is worse off with a misdemeanor conviction not just in court. Take time and understand the usability of the immigration laws in the United States to know any change in your status. Although the term ‘misdemeanor’ does not fall among crimes that automatically lead to deportation, a conviction comes with other serious repercussions. It may be very wise to consult both a criminal defense attorney as well as an immigration lawyer to protect one’s immigration status and have the best chance at getting the right outcome in one’s specific case.