Criminal Consequences to Immigration

CRIMES AND THEIR IMMIGRATION CONSEQUENCES

Criminal conduct, with or without a conviction, can result in serious immigration consequences, including deportation. Even permanent residents can face deportation for criminal conduct, but not U.S. Citizens. If you have been arrested and charged with committing a crime, you should seek immigration advice immediately, and before your criminal case begins. It is in your best interests if your criminal defense attorney and your immigration attorney work together on your case.

Things to bear in mind:

  1. Even a relatively “minor” offense can lead to deportation
  2. You don’t have to be convicted of committing a crime for you to be deported
  3. An expungement has no benefit in immigration proceedings
  4. Crimes can be aggravated felonies or crimes of moral turpitude and both can have serious immigration consequences
  5. A “no contest” plea will result in a conviction as if you had pled “guilty”
  6. Driving without a license or with a suspended license is a criminal act and not “just” a traffic offense
  7. There is no statute of limitations on crimes for immigration purposes and even offense committed decades ago could have serious immigration consequences
  8. Even if you do face deportation for a crime there may be a waiver available to you
  9. There may be post-conviction relief available to you if you have already been convicted of a crime
  10. The immigration laws and regulations regarding criminal conduct of non-U.S. Citizens is extremely complex

If you have been convicted or charged with a crime, it is essential that you speak to an immigration attorney immediately. Contact us today to schedule a consultation.

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Breaking News:

New Law helping spouses of US Citizens

On June 17, 2024 President Biden signed a new law which will help thousands of undocumented spouses of US Citizens apply for permanent resident (green card) status without having to leave the USA. This is not an amnesty and applicants will have to qualify for the new process (Parole in Place). What we know so far in terms of qualifying requirements is as follows:

  1. The applicant must be present in the USA, without having been legally admitted
  2. Must have been continuously present in the USA for at least 10 years as of June 17, 2024
  3. Must be legally married to a US Citizen as of June 17, 2024
  4. Must not have a criminal history which would disqualify them
  5. Must not be a threat to national security or public safety
  6. Must warrant a favorable exercise of discretion


Minor children of the qualifying spouse may also be considered for parole.

BEWARE OF SCAMS. The application process is not yet open and we have to wait for more information from the USCIS before we can file for this benefit.