Being convicted of a criminal offense is life-changing, and often the punishment doesn’t stop at a fine or time in jail. For defendants who are not U.S. citizens, the result of a conviction is often complex and can be even more serious.
In Fort Worth and throughout Tarrant County, Texas, non-citizens facing criminal charges often find themselves dealing with two separate legal systems at the same time. This article explains how criminal convictions can affect immigration status, which crimes commonly trigger immigration concerns, and what steps can be taken to mitigate potential negative consequences.
Understanding how a criminal case may affect your immigration status is an important part of making informed decisions about your future.
How Criminal Convictions Affect Immigration Status
While not all criminal cases will lead to immigration consequences, many will. The Supreme Court in Padilla v. Kentucky recognized that immigration consequences are so intimately tied to the criminal process that it is “uniquely difficult to classify as either a direct or a collateral consequence.” This is because a decision that seems beneficial in criminal court may create severe consequences under federal immigration law for anyone who is not a U.S. citizen.
Immigration authorities take criminal charges seriously, and outcomes in criminal court can sometimes lead to deportation, denial of re-entry, or even preventing future lawful immigration. Understanding who can be affected and what may be at risk is important for protecting your future and advocating for an outcome that won’t harm your immigration status.
Deportation (Removal)
Certain criminal convictions can make a person deportable, particularly some drug offenses, crimes of violence, and aggravated felonies. A conviction in any of these areas can trigger mandatory detention and removal proceedings.
Even plea bargains that reduce charges may still carry immigration penalties if they fall within the category of deportable crimes.
Inadmissibility
Inadmissibility means that an immigrant is barred from entering or re-entering the U.S. Unlike deportability, which applies to individuals already admitted into the country, inadmissibility primarily affects those seeking entry or adjustment of status to obtain lawful immigration status in the future.
Loss of Lawful Status
A lawful permanent resident may face immigration consequences after certain convictions. Even misdemeanor offenses can sometimes create immigration concerns, depending on a person’s history and the specific circumstances of the case.
Impact on Naturalization
A criminal conviction, even one from many years ago, may affect a person’s ability to become a U.S. citizen. Immigration authorities often consider whether an applicant can demonstrate the good moral character required for naturalization.
No two situations are exactly alike, and overlooking an immigration consequence can have long-term effects.
Crimes That Can Trigger Immigration Consequences
If you’re an immigrant living in the United States, any criminal charge deserves careful attention. However, certain categories of offenses are more likely to create immigration consequences than others.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude (CIMTs) are particularly significant because they can lead to deportation, denial of entry, or ineligibility for naturalization. These offenses typically involve conduct that is inherently dishonest, fraudulent, or morally reprehensible, such as theft, fraud, or assault with intent to harm.
Many theft offenses and crimes involving deception fall into this category. Depending on the circumstances, a conviction may result in inadmissibility or removal proceedings.
Aggravated Felonies
Although the phrase “aggravated felony” sounds straightforward, it has a unique meaning under immigration law and often carries severe immigration penalties, including mandatory detention and permanent inadmissibility.
Aggravated felonies often include offenses such as:
- Drug trafficking
- Firearms offenses
- Certain violent crimes
- Aggravated theft
- Fraud involving substantial financial losses
In some situations, offenses that are not classified as felonies under state law may still be treated as aggravated felonies for immigration purposes. A conviction can carry serious immigration consequences, including removal.
Domestic Violence and Related Offenses
Convictions involving domestic violence, child abuse, child neglect, violations of protective orders, and certain stalking offenses can create serious immigration concerns. These allegations are often treated seriously by immigration authorities and may affect a person’s ability to remain in the country or obtain future immigration benefits.
Firearm Offenses
Convictions involving unlawful firearm possession, weapon-related offenses, or certain firearm violations may create immigration complications depending on the circumstances. The consequences vary, but these offenses can affect immigration eligibility and status.
Controlled Substance Offenses
Drug-related offenses often carry some of the most serious immigration consequences. This may include possession, distribution, trafficking, or certain prescription drug violations. Offenses involving substances that may be treated differently under state law can sometimes affect immigration status under federal law.
Federal immigration law uses different standards, and many types of convictions can create consequences that impact eligibility for certain immigration benefits. The risk depends on more than how an offense is classified under Texas law. Even lesser offenses, like multiple DUIs or domestic violence convictions, can have cumulative effects on your immigration status.
Why Should Criminal and Immigration Issues Be Evaluated Together?
It is often overlooked how closely criminal and immigration matters can be connected.
When evaluating a criminal case, it may be helpful to consider:
- Potential immigration consequences of a plea agreement
- Whether a conviction could affect lawful status
- Future naturalization goals
- Risks involving admissibility or removal proceedings
Looking at both issues together can provide a more complete understanding of the possible long-term consequences.
Considering Immigration Consequences Before Pleading
Many criminal cases are resolved through plea agreements rather than trials. For non-citizens, however, accepting a plea agreement should involve careful consideration of possible immigration consequences. In some situations, it may be possible to negotiate a resolution that addresses both criminal and immigration concerns.
Speaking with a knowledgeable defense attorney before entering a plea is important. An attorney can explain the consequences of a particular plea deal and can advocate for a resolution that does not put your immigration status at risk.
Schedule an Initial Case Review With the Fort Worth Criminal Defense Lawyers at Cofer Luster Criminal Defense Lawyers Today
If you or a loved one has concerns about how a case could affect immigration status, it is important to understand the potential consequences before making significant legal decisions.
The team at Cofer Luster Criminal Defense Lawyers is here to help; our attorneys bring 60 years of combined experience to your defense, and both Pam Boggess and Cody Cofer are Board Certified in Criminal Law by the Texas Board of Legal Specialization.
Reach out at (682) 777-3336 to schedule a confidential consultation with a Fort Worth criminal defense attorney who can help you better understand your charges and any potential immigration issues. Don’t wait; secure your future by taking the first step towards informed legal representation today.
