Is Your Immigrant Status at Risk? Immigrants With Criminal Convictions

Your immigration status may be at risk if you have entered a plea to a criminal charge, or if you have been convicted by a judge or jury for such a charge.  Many individuals believe that only illegal immigrants can be placed in removal proceedings (be found deportable from the country or inadmissible to the country).  This is simply not true. 

Unless you are a US citizen, the commission of certain crimes may cause you to be placed in removal proceedings.  This is true even if you are a lawful permanent resident or have other lawful status.

Some common state crimes that result in immigration consequences are: possession of, trafficking in or sale of controlled substances (marijuana, cocaine, prescription drugs, etc.), theft crimes, crimes against a person and domestic violence charges.

In some cases the sentence received is important to a determination as to whether the individual is deportable or inadmissible.  For example, a crime of violence with at least one year imprisonment will cause a non-citizen immigrant to be deportable.  In other cases, the conviction itself, without consideration of the sentence received, is what determines the immigration consequences.  Example, conviction for child abuse will cause a non-citizen immigrant to be deportable, regardless of time served.

Withhold of Adjudication

Even if you only received probation with no jail time or a withhold of adjudication, you are still at risk for removal proceedings as these sentencing resolutions may be deemed convictions for immigration purposes.  The entry of a plea (even a no contest plea) with probation is a conviction.  A withhold of adjudication with further sanctions (a fine, community service etc.) also qualifies as a conviction in immigration court.

Already Entered a Plea or Sentenced

If you have already entered a plea you may still be able to pursue post conviction relief.  An attorney can review your case to see if there was any legal error and if so, pursue a motion to vacate the plea, a sentence modification or take other action to reduce your sentence or set aside your plea.  Even if your case was resolved with a trial rather than a plea you may still be able to pursue post trial review in the form of an appeal or post conviction relief.

Consult with an immigration attorney to see if your plea subjects you to removal proceedings.  If it does, obtain the services of a criminal defense attorney to see if you can get rid of your plea altogether or modify your sentence.