Immigration Consequences Of Criminal Convictions
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.
For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.
my family and my self are currently dealing with a deportation and detention case. In 2004 my wife made a 911 call to the douglas police department in arizona,because she wanted illegal aliens removed from her house.she was subsequently arrested.eventually she was charged with aiding and abbeding,a misdemeanor. Due to her lawyers lack of prompt attention in her court proccedings she served approximitly 7 months for a crime that is punishable by a period up to 6 months. when she was sentenced to time served she went be fore an immigration judge,.to request a bond while she went through deportation proceedings the judge set a bond amount of 2500.00 dollars which was paid.and she was released. we hired patricia mejia ,an immigration lawyer out of tucson az.,mrs mejia wsa given copies of our childrens birth certificates and our marriage certificate,which she never submitted to the immigration judge.in the judges decision it was stated that my wifes word was not credible because the documents that she said that she had were never presented.The judge denied her adjustment of status based on that statement and the fact that she was incarcerated for a period longer than 6 months ,which according to immigration law constitutes bad moral character. The judge also stated that if any evidence should come to light that would affect the outcome of his decision, the case should then be reconsidered.we did not have the money to pay another lawyer so i attemted to file an appeal on my wifes behalf.The appeal was denied be cause it was late .I filed a petition to accept a late appeal because the b.i.a sent the original appeal back due to its lack of a proof of service form.needless to say the b.i.a denied her appeal and sent a notice of final judement and an order to the obligator of her bond that she had to present her self for deportation,which she did on march 11th of 2008,at this time she is in the custody of pinal county jail in az.who is under contract with immigration and customs enforcement. She is waiting {in my opinion}for an uneccessarily long amount of time.I am seeking advice to what rights to appeal or reconsider her case are avalible,if any?I also want to know who I talk to so that i can find out how long she will be held in the custody of the county jail?if her deportation has been ordered why is she still in custody in the worst type of jail that there is ,which is county lock up?my wife had been working to jobs for the past 3 years.she has never had any other charges in any other court of law.she did the honorable thing when she made the 911 call back in 2004 and again when she presented herself for deportation. Now she is locked up and being held in a county jail that has no regard or respect for her humanity.I have read some of the federal codes and repeadatly the federal law books refer to family unity and the rights of the citizens.My wife has proven herself to be of good moral charcter ,but lack of money to pay for a GOOD LAWYER. and lack of money to pay all of the fees that are required to submit petitions and applications has been a factor in her deportation. I have not listed all of the facts here,but if there is any body out there that can help steer me to the information that i need to either have her case reconsidered or if we have the right to file for a stay of deportation.or even if ther is a way to ensure rapid removal so that she no longer has to stay in county lock up;any body that has ever done any time can confirm that county lock up is a terrible place to be,it is our understanding that once she is removed that we can file a petition for a rlative alien.if that is true we are anxious to have her removed from the county jail and sent to her home in Honduras so that we can continue our quest to have her reunited with her 3 daughters all of which are U.S citizens and myself, who is also a U.S citizen.If any body has any information that can help our family with our on going struggle with our immigration department ,it would be most appreciated if you can contact me at antonioaz520@yahoo.com thank you for any and all comments. Antonio Arciniega