When someone who is not a U.S. citizen faces criminal charges, the situation becomes far more complex. At the intersection of criminal law and immigration law, often called “crimmigration”, even minor offenses can have major immigration consequences. For immigrants in Arizona and across the U.S., understanding these risks is crucial.
Below is a clear, helpful overview of how a criminal case can impact a person’s ability to stay in the United States.
1. Criminal Charges Can Lead to Deportation (Removal)
Some criminal convictions can make a non-citizen deportable. This means immigration authorities may start removal proceedings, even if the person has lived in the U.S. for years.
Common examples include:
- Drug offenses
- Domestic violence
- Theft
- Aggravated assault
- DUI with aggravating factors
Because of the high deportation risk in a criminal case, it is essential to work with a criminal defense attorney who understands immigration law.
2. Certain Convictions Can Make You “Inadmissible”
“Inadmissibility” means a person may be denied:
- A visa
- A green card
- Re-entry to the U.S. after traveling
- Certain immigration benefits
Crimes that may cause inadmissibility include:
- Crimes involving moral turpitude
- Drug-related offenses
- Prostitution-related offenses
- Multiple convictions with a combined sentence of 5 years or more
3. Even Dismissed Charges Can Affect Your Immigration Case
Many people believe that if a criminal charge is dismissed, it disappears from their record. Unfortunately, immigration authorities often still review:
- Police reports
- Arrest records
- Court documents
This means a dismissed criminal case can still raise questions during immigration processes.
4. Criminal Charges Can Delay or Deny Immigration Benefits
Some immigration applications require showing “good moral character,” especially:
- Naturalization (N-400)
- Cancellation of removal
- VAWA petitions
- DACA renewal
Criminal charges, even without a conviction, can complicate these applications.
5. Plea Deals Can Still Harm Immigration Status
A plea deal that seems favorable in criminal court may still mean automatic deportation.
This is why having a criminal defense attorney who understands crimmigration Arizona issues is essential.
Often, the best criminal plea may be the worst immigration outcome.
6. What Immigrants Should Do If Charged With a Crime
If you or a loved one is facing criminal charges and is not a U.S. citizen:
- Do not plead guilty to anything without speaking to an immigration-informed attorney.
- Tell your criminal defense attorney about your immigration status immediately.
- Consult an immigration attorney right away to evaluate potential consequences.
- Keep records of everything related to your case.
Conclusion
Criminal charges can have life-changing immigration consequences, including the risk of deportation and loss of future immigration benefits. At Ybarra Maldonado Law Group, we understand the importance of defending both your freedom and your ability to stay in the United States.
If you are navigating a criminal case with deportation risk, our team is here to help protect your rights and your future.
Contact Ybarra Maldonado Law Group
Our criminal / immigration attorneys have extensive experience assisting clients with a diverse type of criminal / immigration matters.
📞Call (602) 910-4040 or contact us 💻 online to schedule a confidential consultation with an experienced immigration attorney today.