By Nathaniel Pitoniak on January 5th, 2025 in Criminal Defense
Facing a criminal charge or conviction as a green card holder likely makes you worried about the consequences your criminal case can have on your immigration status. A charge or conviction of DUI or another offense can raise concerns about possible revocation or loss of your green card.
While such situations can be complicated and vary depending on the specifics of your case, a single criminal offense can sometimes result in the loss of your green card. However, not every criminal offense will have the same immigration consequences.
Take immediate action and consult an experienced Houston criminal defense attorney with extensive knowledge of immigration consequences of criminal charges and convictions. Ensure your attorney can advise on the immigration implications of your case’s outcome, including what might happen to your green card if you plead guilty to charges.
Offenses that Might Lead You to Lose Your Green Card
While a single criminal offense may not automatically result in losing your green card, certain offenses can put your immigration status at risk. You need a lawyer who understands these offenses and their consequences.
Crimes of Moral Turpitude
Crimes of moral turpitude are offenses that involve dishonesty, fraud, or intent to harm others. Examples include theft, fraud, aggravated assault, and certain drug-related offenses.
If a court convicts you of a crime of moral turpitude within the first five years of obtaining your green card, it can lead to deportation proceedings. Even if the conviction occurred after the first five years, it might still hurt your immigration status.
DUI
Driving under the influence (DUI) can lead to the loss of a green card in some situations. While a single DUI charge might not cause immigration officials to take your green card away, multiple DUIs, aggravated DUIs, or DUIs with a child in the vehicle might have this effect.
Drug Offenses
Drug offenses, including possession, distribution, or trafficking, can result in serious immigration consequences. If a court convicts you of a drug offense, you can lose your green card or render yourself inadmissible to the United States.
Aggravated Felonies
Certain severe offenses, referred to as aggravated felonies, can result in mandatory deportation and loss of your immigration status. Aggravated felonies include murder, rape, drug trafficking, and more. Even a single conviction for an aggravated felony can lead to the automatic loss of your green card.
Consequences of Losing Your Green Card
You need a lawyer who understands the consequences of losing your green card due to a criminal charge or conviction.
If the government takes your green card, you may face:
- Deportation: If the government revokes your green card for a criminal offense, it may deport you. This means the government could remove you from the United States and prevent you from reentering.
- Ineligibility for Naturalization: If you lose your green card, you may become ineligible for naturalization. Naturalization allows you to become a U.S. citizen, and one of the requirements is to be a lawful permanent resident (green card holder) for a specified period of time. If the government revokes your green card, you may not meet this requirement and may not obtain citizenship.
- Difficulty in Reentering the U.S.: Losing your green card can make it challenging to reenter the United States. If the government deports you or revokes your green card, you may encounter difficulties in obtaining a visa or any other form of legal entry into the country.
You Must Know Immigration Consequences Before You Plead Guilty
When facing a criminal charge, always understand the potential immigration consequences before making any decisions or entering a plea. The consequences of a criminal conviction on your immigration status can be severe and long-lasting.
Pleading guilty to a criminal offense without considering the immigration implications can endanger your green card.
In 2010, the Supreme Court of the United States ruled in the landmark case of Padilla v. Kentucky that criminal defense attorneys have a duty to provide accurate advice regarding the immigration consequences of a criminal conviction. This landmark decision highlighted the importance of considering the immigration implications when advising non-citizen defendants.
As a green card holder facing a criminal charge, you must have a criminal defense attorney who understands the immigration consequences and can provide you with proper guidance.
Your criminal defense attorney should understand immigration law and how to represent non-citizens accused of crimes. They should assess the potential immigration consequences of your criminal charge and strategize the best defense to protect your green card.
Not All Criminal Defense Lawyers Understand Immigration Implications
Not all criminal defense lawyers are well-versed in immigration law and the potential immigration consequences of a criminal charge. You need a criminal defense attorney who understands immigration law and its impact on your green.
When hiring a criminal defense attorney, ask about their experience in representing non-citizens accused of crimes. Inquire about their knowledge of immigration law and their track record in successfully handling cases involving immigrants. By hiring an attorney with experience in how criminal defense and immigration law interact, you can best protect your green card.
Always Hire a Criminal Defense Attorney Who Can Protect Your Green Card
When facing a criminal charge or conviction as a green card holder, consult an experienced criminal defense attorney who can protect your green card and provide you with personalized guidance.
You need a lawyer who has represented many non-citizens accused of crimes. This includes people in the country with visas, permanent residents, DACA, or no documentation at all.
A knowledgeable criminal defense attorney can assess the immigration consequences of your criminal charge, explain your rights, and strategize a defense that safeguards your green card. They can guide you through the legal process, represent your interests, and protect your future. Call us today at (832) 315-6283.
