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How Do Criminal Charges Affect Your Current Immigration Status?

How Do Criminal Charges Affect Your Current Immigration Status?

Facing criminal charges can be overwhelming, given the severe consequences that can follow. Chicago immigration attorneys say it can be more damaging for immigrants as they risk immediate consequences that could affect their legal status, potentially leading to removal proceedings.

If you’re facing criminal charges, here are some potential immediate consequences you should be aware of:

  • Detention: Once arrested, you may be detained by Immigration and Customs Enforcement (ICE). This can happen even for minor offenses, and securing a release can be challenging without proper legal representation.
  • Initiation of proceedings removal: Criminal charges or convictions can prompt the initiation of removal proceedings. You could receive a Notice to Appear (NTA) in immigration to determine your deportation. The NTA contains the details of the criminal charges and the reasons for removal.
  • Loss of immigration benefits: A criminal charge or conviction can put your pending immigration application at risk, leading to the denial of a green card or visa. You also risk having your visa revoked if you hold a temporary one.
  • Travel restrictions: The court may impose travel restrictions, and if you leave the country while charges are pending, you may not be allowed to reenter. Properly evaluate these restrictions to avoid unintended consequences.

    • It would be in your best interests to consult criminal immigration lawyers in Chicago as soon as possible after being arrested for a crime. They can help you take prompt action to protect your status and provide appropriate guidance as you navigate the intricacies of the criminal and immigration systems in the United States.

    Long-Term Consequences of Criminal Charges on Immigration Status

    If convicted of a criminal offense in the United States, you risk severe long-term consequences that can shape your ability to remain in or return to the country:

  • Deportation: Deportation is one of the most severe consequences of a criminal conviction. It can lead to separation from your family and the community.
  • Bars to reentry: After deportation, you may face bars to reentry, making it difficult to return to the US for many years or permanently. Depending on the case specifics, you may not be eligible for a waiver to return.
  • Difficulty adjusting status: Even if you meet other eligibility criteria, adjusting your status to lawful permanent residence with a criminal record may be challenging. For example, if you are applying for naturalization to become a US citizen, certain convictions may prevent the process from happening.

    • Considering the risk involved when convicted of a crime, seek the legal help of aggressive criminal immigration attorneys in Chicago. They can create a solid defense strategy to mitigate the risk of losing your immigration benefits, which could dramatically affect you and your loved ones.

    What Crimes Could Severely Affect My Immigration Status?

    It’s vital to understand the different criminal charges and their potential effects on your immigration status. Chicago immigration lawyers elaborate that different charges have varying risks for deportation, loss of immigration benefits, or removal:

  • Misdemeanors: They are less serious crimes, such as disorderly conduct and petty theft. However, they can still affect your immigration status, especially if linked to moral aptitude.
  • Crimes Involving Moral Turpitude (CIMT): Crimes such as theft, fraud, and dishonest offenses can be particularly damaging as they reflect on your moral character, a crucial consideration in immigration proceedings.
  • Felonies and aggravated felonies: These charges are more severe, such as drug trafficking, burglary, fraud, and murder. Aggravated felonies are some of the most damaging crimes that almost guarantee deportation and reentry barriers.

    • Under federal immigration laws, the following crimes are considered aggravated felonies:

  • Drug trafficking: Possession with the intent to sell or distribute illegal drugs and related trafficking offenses are considered aggravated felonies under federal immigration law
  • Violent crimes: Crimes such as assault, attempted violent crimes, and robberies can be classified as aggravated felonies, especially if the penalty is at least one year in prison.
  • Firearm offenses: Illegal possession, use, or sale of firearms can be an aggravated felony
  • Fraud or tax evasion: You risk hefty penalties if you commit fraud, deceit, or tax evasion crimes that cause the victim to lose more than $10,000.
  • Document fraud: Forging, altering, or misusing documents such as passports or IDs can be an aggravated felony, especially if the crime is immigration-related.
  • Alien smuggling: Trafficking or smuggling of immigrants other than your immediate family members can lead to aggravated felony charges.
  • Theft or burglary: If the charges result in a sentence of at least one year in prison, the crime may be considered an aggravated felony.
  • Rape or sexual assault: If convicted of rape, sexual exploitation of a minor, or sexual abuse, the crime may be classified as an aggravated felony.
  •  Money laundering: Aggravated money laundering felonies involve amounts over $10,000.

    • The consequences of aggravated felonies on your immigration status may depend on when the crime happened and your immigration status.

    A Skilled Immigration Lawyer Fighting to Protect Your Immigration Status After a Criminal Charge

    While facing criminal charges can have devastating consequences on your immigration status, it doesn’t mean the end of your immigration journey. Skilled Chicago criminal immigration attorneys can work with you to help you mitigate potential risks to protect your immigration status. Possible legal options include exploring plea options and waivers.

    They can also help you stay up-to-date with current immigration laws and policies and how they can affect your case. The Gilliam Law has top-notch immigration attorneys who can handle your case. We have many years of experience handling criminal immigration cases, and we can put our best foot forward to help you fight for a favorable outcome. Call us at 866-511-3422 for an initial consultation.

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