Will a Criminal Arrest or Conviction Affect My Immigration Status?

If you are not a U.S. citizen and have been arrested and/or charged with a criminal offense in New Jersey, then it is imperative that you consult with a "crimmigration" attorney or an immigration attorney to work alongside your criminal defense counsel. Your criminal arrest may negatively affect your immigration status.

First, there are two separate concepts at hand. A criminal offense can impact your admissibility into the U.S., your ability to be deported from the U.S. or possibly both. For example, if a Japanese LPR ("Green Card Holder") has a conviction for armed robbery and leaves the U.S., he or she may have admissibility issues at a port of entry due to the conviction when they attempt to return. The inadmissibility of noncitizens is codified in 8 USC 1182. On the other hand, if an L-1 Visa holder is in the U.S. and has a restraining order in place against him and violates that protective order, then he is likely deportable. The deportability of noncitizens is codified in 8 USC 1227.

A criminal conviction can have significant impact on your immigration status. It is imperative to discuss the potential consequences of any plea or charge with an experienced immigration attorney.

I. Inadmissibility

A noncitizen may be inadmissible to the U.S. due to a conviction for: a crime involving moral turpitude (CIMT), many drug offenses, DWI, human trafficking, prostitution, two or more crimes, and more.

II. Deportation

Similarly, there are numerous bases for a noncitizen to be found deportable due to a criminal conviction of: a crime involving moral turpitude , multiple convictions, aggravated felony, many firearm offenses, many sex offenses, crimes of domestic violence, crimes against children, violation of protection orders and more.

In my experience, most of the uncertainty from the clients surrounds whether or not a crime "involves moral turpitude." Frequently, clients or potential clients will think if they plead to a "disorderly persons offense" (usually referred to as misdemeanors in other jurisdictions) that there will not be any immigration consequences. This is not accurate and it is important that you consult with a New Jersey attorney, who is familiar with immigration law, before entering into any plea deal. It is possible for a conviction of a disorderly persons offense to be a "crime involving moral turpitude."

Analysis should never begin with the degree of the offense or even the facts surrounding the offense but rather with the elements of the charge or the proposed offense in the plea offer. An experienced New Jersey attorney should review the elements of the offense and determine whether the elements that make up the offense under the N.J. Criminal Code make the crime one that involves moral turpitude. This usually involves an an assessment of the required mens rea and if the offense is one of specific or general intent.

Thank you for taking the time to read this blog post as part of U.S. Immigration Blog. We hope you found the post informative. If you have been charged with a crime or if our firm can be of any assistance in helping you with another immigration matter, please do not hesitate to reach out to us.

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The information in this blog is provided solely for informational purposes. The information provided is not intended to create an attorney-client relationship and shall not be construed as legal advice on any specific matter. Each legal matter is unique and requires an analysis based on the particular circumstances. As a result, the information provided here may not be applicable in every situation, including your situation, and action should not be taken based on this information without seeking specific legal advice based on particular circumstances. Results may vary depending on your particular facts and legal circumstance.