By Nathaniel Pitoniak on January 10th, 2025 in Criminal Defense
Being arrested for a crime can be an especially frightening experience if you are an immigrant. Every non-citizen must understand the potential impact that an arrest can have on their immigration status. Depending on the nature of the crime and the specific circumstances, an arrest can potentially lead to deportation or other life-changing immigration consequences.
You must seek representation from a criminal defense attorney with immigration knowledge who can assess your case and advise you on the best course of action. If you or someone you know is dealing with the intersection of criminal charges and immigration status, take immediate action and contact the right Houston criminal defense lawyer. Ensure your lawyer understands the immigration implications of your criminal charges and can avoid adverse effects whenever possible.
Yes, Many Arrests Can Affect Your Immigration Status
Facing criminal charges as an immigrant can have serious consequences for your immigration status. While not all arrests will automatically result in deportation, certain crimes can make you removable from the United States. It is important to familiarize yourself with these potential consequences and understand how they may impact your situation.
DUI or Drug-Related Offenses
Driving under the influence (DUI) and drug-related offenses can have significant consequences for immigrants. While each state has its own laws and penalties for DUI offenses, a conviction can usually affect your immigration status, as this offense is a public safety risk. Additionally, drug-related offenses, even misdemeanors, can lead to deportation proceedings.
You must consult a criminal defense attorney who has experience representing non-citizens in DUI and drug-related cases to ensure the best possible outcome for your situation.
Crimes Involving Moral Turpitude (CIMT)
Crimes involving moral turpitude refer to offenses considered inherently immoral and depraved. Convictions for CIMTs can have severe immigration consequences, including deportation. Examples of CIMTs include crimes such as:
- Fraud
- Theft
- Domestic violence
- Certain drug offenses
Immediately consult a criminal defense attorney who understands the potential immigration implications of these charges and can work towards minimizing their impact on your immigration status.
Aggravated Felonies
An aggravated felony is one of the most serious crimes that an immigrant can be charged with. Aggravated felonies include offenses such as:
- Murder
- Sexual assault
- Drug trafficking
- Certain firearms offenses
Conviction of an aggravated felony almost always leads to mandatory deportation. Seek immediate legal representation if you face charges classified as an aggravated felony.
Domestic Violence and Child Abuse
Crimes related to domestic violence or child abuse are taken especially seriously when it comes to immigration status. Even if you are not convicted, the accusation alone can result in immigration consequences. Be sure to work with a criminal defense attorney who has experience handling these types of cases and can protect your rights and your immigration status throughout the legal process.
You Need a Criminal Defense Lawyer Who Works With Non-Citizens
Addressing the intersection of criminal law and immigration law requires a clear understanding of both fields. You need a criminal defense attorney who has represented many non-citizens accused of crimes. This includes:
- People in the country with visas
- Permanent residents
- DACA recipients
- Those with no documentation at all
You must choose a lawyer who has experience dealing with the specific issues that can arise when criminal charges might affect immigration status.
A knowledgeable criminal defense attorney who also understands immigration matters can assess the specific details of your case and provide you with accurate information regarding the potential consequences. The Supreme Court of the United States has ruled that criminal defense lawyers must inform people accused of crimes of the potential immigration implications.
Unfortunately, many defense lawyers represent non-citizens without fully understanding these implications. If you are a non-citizen accused of a crime, you need a lawyer who fully understands these implications and can obtain a result that does not impact immigration status whenever possible.
Many criminal defense attorneys have educated themselves and worked alongside immigration lawyers to increase their understanding and develop defense strategies that keep many non-citizens from being deported and denied naturalization. When hiring a defense attorney, ensure you inquire about their experience representing non-citizens.
Risks of Deportation of Non-Citizens After an Arrest
If you are a non-citizen and you have been arrested for a criminal offense, one of the most significant risks is the possibility of deportation. The severity of your crime is not the only factor that matters. As mentioned, immigration authorities also consider the type of offense committed.
Deportation proceedings can be devastating for individuals and their families. Not only do they result in the loss of legal status in the United States, but they can also separate families and uproot lives. You must have legal guidance and make informed decisions to protect your future in the United States.
Seeking Criminal Outcomes that Preserve Your Immigration Status
When arrested or facing criminal charges as an immigrant, you must seek an outcome that will preserve your immigration status. This may involve exploring alternative dispositions, such as diversion programs, community service, or probation, rather than traditional sentences that can trigger immigration consequences.
Your criminal defense attorney should work closely with you to develop a strategy that takes into account your immigration status. They should have a comprehensive understanding of how criminal charges can impact immigration and work toward achieving the best possible outcome for your case.
Consult a Criminal Defense Lawyer with Immigration Knowledge Immediately
If you are an immigrant facing criminal charges or believe an arrest may have immigration consequences, consult a criminal defense attorney who knows immigration effects as soon as possible. Time is of the essence in these cases, and delaying legal action can have severe implications for your immigration status.
A skilled criminal defense attorney who understands both criminal law and immigration law will guide you through the criminal justice process. They will explain your rights, analyze the evidence against you, and develop a strong defense strategy to protect your interests and future in the United States. With their help, you can protect your immigration status with confidence and make informed decisions about your case.
