Criminal Law & Immigration

Criminal Law & Immigration

If you are not a U.S. citizen and you are convicted of a crime, your immigration status can be affected in two ways – inadmissibility and deportability. Certain convictions can prevent an immigrant from ever becoming a U.S. citizen or from being admitted as a permanent resident. Other convictions can lead to mandatory deportation, mandatory detention, and disqualification from eligibility for relief from removal in immigration proceedings.

Inadmissibility
To get a green card or visa or other lawful entry into the United States you must first prove that you are not “inadmissible” to the United States – even if you are married to a U.S. citizen! This immigration law attempts to protect the United States society from immigrants with a criminal history.

Deportability
Depending on the nature of the criminal charges, a non-citizen convicted of a crime in the United States may face deportation as a result of that conviction. Because the immigration consequences of criminal convictions can be so severe, the U.S. Supreme Court decided in 2010 that criminal defense attorneys must advise non-citizen clients about the deportation risks of a guilty plea. If you or a loved one is a defendant in a criminal case, it is crucial to ensure that the defense attorney understands these risks. 

Family Status After Criminal Convictions
If you have sponsored your family’s immigration application in the United States prior to committing a crime, your family’s immigration status could be in jeopardy as well.

However, not all crimes committed t by immigrants lead to deportation. The United States Citizenship and Immigration Service (USCIS) considers a number of factors when deciding on immigration status and criminal infractions.

At Rosi & Gardner we can help evaluate the risks posed by criminal charges, and work with defense counsel to reach an immigration safe plea or other positive outcome. Call us today at (231) 941-5878 or email us to schedule an immigration consultation. We represent clients throughout Traverse City and Northern Michigan.