New York Criminal Charges Affecting Immigration Status

Criminal charges can gravely affect a person’s immigration status. While serious criminal charges such as murder, rape, and fraud have a greater likelihood to trigger Immigration and Customs Enforcement (ICE) investigations, lesser crimes can have the same result depending on your background and the facts and circumstances of your situation.

New York Immigration Lawyers: From Visas to Green Cards and Naturalization

Arrest and Convictions: Immigration Consequences Resource Page

If you are facing criminal charges which could affect your immigration status, get the help you need from an experienced immigration defense lawyer as soon as possible. Immigration law is very complex and there may be avenues available to you which you do not realize.

Criminal Charges Affecting Immigration

While many criminal charges may affect immigration, those involving aggravated felonies or moral turpitude are generally the most serious. The term “aggravated felony” is unique to immigration law as it can include many types of crimes, including both felonies and misdemeanors, depending on the circumstances.

Some of the most common types of crimes include:

  • Murder
  • Drug trafficking
  • Illegal trafficking of firearms or incendiary devices
  • Simple battery
  • Filing fraudulent tax returns
  • Theft
  • Failing to appear in court when summoned
Moral Turpitude Crimes

Crimes involving moral turpitude refer to violations of the accepted moral standards of a particular community. Since they can be regionalized, it is impossible to list them all.

However, the most common likely include:

  • Tax evasion
  • Perjury
  • Child abuse
  • Wire fraud
  • Carrying a concealed weapon
Common Risks of Criminal Conviction

Criminal charges can have a significant adverse effect on immigration status and can result in deportation, mandatory detention, inadmissibility, and denial of naturalization. Deportation means leaving the country, regardless of immigration status. Those who are deported can face serious challenges with re-entering the country in the future. There are several types of convictions which may result in mandatory detention without the possibility of bond during the removal process, meaning that an individual will be held in a facility until a judge rules on their deportation.

This is a lifetime bar to adjust immigration status to permanent status and may affect an individual’s re-entry into the country. A person can be denied naturalization for three years or more – even if they do not fall into the inadmissibility or deportation categories. Individuals who are facing a criminal charge with the potential to affect their immigration status should contact an experienced New York immigration defense lawyer to discuss their situation and determine what options are available to them.

Help from a Lawyer

If you are facing criminal charges which could affect your immigration status, it is important to understand that you may have options. An experienced New York immigration defense lawyer can review your situation and determine what legal defenses make sense for you.

Immigration judges take many factors into account when deciding whether to go forward with a deportation, including employment history, hardships, criminal history, tax history, civic activities and how long they have lived in the United States.

An experienced New York immigration lawyer can make all the difference.Call the New York immigration lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.

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