U.S. immigration law can seriously affect green card holders facing criminal charges. Even a misdemeanor can impact their immigration status. This guide discusses how misdemeanor convictions might put green card holders at risks of deportation and the issues they face during immigration.
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.
Green card holders might face status issues if convicted of a misdemeanor, regardless of the verdict. Even minor crimes can lead to deportation if they fall under the “grounds of deportation” in immigration law. For example, a legal permanent resident could face deportation for such a conviction.
The term ‘misdemeanor’ doesn’t always appear in lists of deportable crimes. Instead, immigration law might classify misdemeanor theft as a crime of moral turpitude, making it deportable if committed within the first five years in the U.S. or if the person has two similar offenses.
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
The strong link between criminal charges and immigration implications complicates these matters. You should 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 summary, a Green Card holder faces significant immigration risks with a misdemeanor conviction beyond the courtroom. Understanding U.S. immigration laws is vital because a misdemeanor can have serious consequences, even if it doesn’t always lead to deportation. It’s smart to consult both a criminal defense attorney and an immigration lawyer to protect your status and get the best result.
