If you face criminal charges, will your immigration status be affected? You may face harsh immigration consequences, especially if your case is handled by your criminal attorney without regard for immigration effects. USCIS always conducts a criminal record check. As the crossover between immigration and criminal records is one of the most complex areas of the law, this is not something you want to face alone. Work with immigration attorneys to best protect your immigration status from criminal charges.
Two main ways of getting a criminal conviction may impact your immigration status:
They way your immigration changes due to your criminal record will depend on the type of crime, your specific visa, and how your criminal defense lawyer proceeds.
In order to understand how criminal charges affect immigration, you first have to understand that immigration law is federal only. Criminal law is both state and federal. This means that there may be a significant difference between what your state’s law enforcement agencies think is a crime and what USCIS thinks is a crime. USCIS even defines a conviction differently than state or federal criminal law.
Early analysis, preferably prior to a plea or admission of guilt, is critical to avoiding immigration consequences of criminal activity. Immigration consequences of criminal activity changes every day as courts make new law. Every detail matters. Seek the counsel of an immigration attorney to discover how USCIS will treat your crime. Even a seemingly minor criminal offense may result in numerous immigration problems, based on the intricate interplay of criminal law and immigration law. Petty crimes may not be petty for immigration.
Committed a crime in your home country? It depends on the nature of the crime. Many actions may be considered a crime in your home country, which are not considered crimes in the United States. Again, it is best to speak to an immigration attorney about these crimes.
Poarch Thompson Law can help you minimize the impact of criminal charges on your immigration status. From the moment you are arrested, reach out to us. Criminal lawyers are useful, but they are less likely to understand how these charges will affect your immigration status. At Poarch Thompson Law, we know how these charges can affect you.
If you contact us early on, we can help you plead to lesser charges or help predict how USCIS will handle your case. Do not plead guilty to a crime until you have spoken to a lawyer. Always seek our legal counsel before you meet with immigration officials about any crimes you may have committed. Reach out to us today.