Introduction
For non-citizens, the immigration consequences
of a criminal conviction may be far greater than
any punishment of jail time, probation or a
fine. For those non-citizens who are convicted
of crimes, particularly those given state or
federal prison sentences, Immigration Services
will most likely begin proceedings to deport
them from the United States. In many cases
deportation will result regardless of the length
of time in the United States, family ties in the
United States, or even the severity of the crime
committed.
Based on a criminal conviction, a client might
be subject to deportation, and in some cases be
permanently barred from the United States. In
other cases, criminal conduct may preclude a
finding of good moral character under the
Immigration and Nationality Act, which is a
requirement for naturalization.
In other situations, the immigration
consequences of criminal activity can include
delays in obtaining visas to the U.S. and denial
of immigration benefits while in the United
States.
To complicate matters, the Immigration and
Nationality Act has developed its own definition
for what constitutes a “conviction.” For
example, the definition of “conviction” includes
a guilty plea or deferred adjudication. This
ambiguity in the definition of conviction has
led to attorneys erroneously advising their
clients to accept deferred adjudication
believing that this would not constitute a
conviction under immigration law.
Deportation Issues
An alien with a criminal record may be barred
from admission to the United States. In general,
among others, crimes of moral turpitude, drug
offenses, multiple offenses, and engaging in
prostitution or procuring prostitutes within the
past ten years will be considered as criminal
grounds and can make the alien subject to being
barred from future legal admission to the United
States.
Additionally, most drug offenses under the U.S.
immigration laws may result in deportation from
the United States, depending on the type of
controlled substance involved. This includes
violations of any law or regulation relating to
a controlled substance, no matter whether the
law is federal, state or foreign. These laws
cover persons with a past conviction or
admission of committing offenses. They may also
include any person that a USCIS officer knows,
or has reason to believe, is a drug trafficker.
Naturalization Issues
When applying for citizenship, it is necessary
to show that the applicant has been a person of
“good moral character” for the past five years.
If there was any criminal conviction during this
period, however, it is possible that the
naturalization application will be denied.
Additionally, if a criminal conviction is
brought to light while applying for
naturalization, a person may be placed in
removal proceedings. There is a wide variety of
acts (some that do not even need to result in a
criminal conviction) that will result in a
person’s application for naturalization being
denied. |
