What You Need to Know About Crimmigration
Crimmigration is a term that combines the terms ‘criminal law’ and ‘immigration law.’ While the term is relatively new in the United States, it has become one of the fastest-growing areas of legal practice in the country. If you are an immigrant in the U.S., it is critical that you understand this term, and the consequences foreign nationals face if they are accused of a crime in the country. Below, our Atlanta immigration lawyer explains what you need to know in greater detail.
What is Crimmigration?
Crimmigration refers to when someone who is not a citizen of the United States is accused or convicted of a criminal offense that could impact their immigration status. The immigration laws in the United States treat certain offenses, even misdemeanors in some cases, as grounds for removal, more commonly referred to as deportation. Some of the most common examples include:
- A lawful permanent resident’s arrest for possessing an illegal substance
- A student visa holder being accused of shoplifting
- An undocumented worker being arrested for a criminal offense related to trafficking
In the criminal courts, defendants mainly focus on avoiding jail time and the other consequences of a conviction. In immigration court, the same criminal case could trigger removal proceedings. This double exposure to consequences can result in unique challenges in crimmigration law.
What are the Consequences of Criminal Charges for Immigrants?
Many immigrants mistakenly believe that after a criminal matter is resolved in court, the entire matter is closed. This is not always the case. Immigration officials can use previous arrests, pleas, or convictions against you, even if it is resolved with a suspended sentence or probation.
For example, immigrants who plead to a lesser offense may receive a lighter sentence but the offense may still qualify as a crime involving moral turpitude, which can put your status at risk. Criminal charges can result in many immigration consequences, including:
- Deportation: A criminal conviction can raise the risk of deportation, even for longtime permanent residents.
- Inadmissibility: A criminal record can prohibit immigrants from obtaining a visa, green card, or U.S. citizenship.
- Mandatory detention: Certain charges can result in non-citizens being held in detention without the option of release on bond.
- Loss of immigration benefits: A criminal record can result in ineligibility for relief programs such as adjustment of status or asylum.
If you or someone you love has been arrested or charged with a criminal offense, it is critical that you speak to an attorney who has the necessary experience in both criminal and immigration law.
Our Immigration Lawyer in Atlanta Can Help During This Difficult Time
Our Atlanta crimmigration lawyer can advise on pleas that will not impact your immigration status, defend you in removal proceedings if necessary, negotiate the best outcome, and help you build a long-term strategy. To schedule a consultation to discuss your case and needs, please contact us at Shirazi Immigration Law, Inc. today at 404-523-3611. We are proud to serve clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.
Source:
congress.gov/crs-product/R45151
