Criminal convictions can be a major setback for anyone in the United States of America. People convicted of crimes may have to spend time in jail. They have a criminal record that affects their opportunities in the future and may have major expenses related to the charges as well.
If the person accused of a crime is an immigrant, the situation becomes much more serious. Crimmigration is a word that refers to the intersection of criminal law and immigration. When an immigrant faces criminal charges, their first concern is often whether the charges might affect their status.
What types of charges may result in immigration consequences?
Charges that imply a lack of good moral character
One of the most important requirements for an immigrant is good moral character. While the term is somewhat subjective, it refers to someone’s inner sense of ethics and responsibility. Some criminal charges do not necessarily indicate a lack of good moral character. Traffic violations, for example, can be due to stress or misunderstandings. Crimes of moral turpitude, crimes involving violence and offenses related to prostitution or human trafficking are among the types of crimes that negatively affect someone’s immigration status.
Charges that lead to incarceration
The United States Citizenship and Immigration Services (USCIS) can look at someone’s criminal record when making immigration decisions. The USCIS also looks at the sentence imposed after someone’s conviction. Someone accused of multiple crimes could be at risk of immigration penalties if their aggregate sentence is 5 years or longer. The amount of time served in state or federal facilities also matters. Anyone who spends 180 days or more in state custody could potentially risk immigration penalties.
Charges that involve substance abuse
Offenses that indicate an issue with addiction can have immigration consequences. If someone faces accusations of habitual drunkenness or offenses related to drug addiction, that may impact their immigration status. The same is true of those repeatedly convicted of drunk driving offenses. Obviously, any involvement in the illicit drug trade could also potentially affect someone’s immigration opportunities.
Immigrants concerned about pending criminal charges may need help responding to the allegations that they’re facing. Fighting a criminal charge can potentially help protect an immigrant’s status and future opportunities.