The Relationship between Criminal Convictions and Immigration Consequences
When individuals who are noncitizens are accused of criminal misconduct while they are in the United States, the consequences could extend far beyond those that a U.S. citizen would face. Furthermore, when people who have been convicted of crimes in their home countries seek entry into the United States on a visa or through a green card application, the existence of a criminal record has the potential to cause complications that may even result in a determination of inadmissibility.
The relationship between a criminal conviction and immigration is fairly simple – certain types of criminal conduct may result in removal from the United States or an inability to enter. This is far from the entire story, however, and there are often many ways in which a lawyer can help people facing a criminal conviction or who have already been convicted of a crime avoid or mitigate immigration consequences. Some of the more common are detailed below. For specific advice regarding your case, call our office today.
Waivers of Inadmissibility
Individuals who are inadmissible to the U.S. and are seeking entry to the United States or an adjustment of status can often apply for a waiver of inadmissibility, which functions as “forgiveness” for past behavior. If a waiver is granted, the petitioner may proceed with an application for a visa or for permanent resident status. Whether or not a person with a criminal history is eligible for a waiver of inadmissibility is based on a number of factors, so it is highly advisable for anyone who believes that he or she may be eligible for such a waiver to discuss his or her specific circumstance with an experienced lawyer.
Negotiations of Plea Bargains that Avoid Deportation
Generally speaking, in order to be deported, a non-citizen must be convicted of a crime of moral turpitude, or other listed deportable offenses including drug possession, aggravated felony, or engage in conduct that poses a threat to the security of the United States. In many cases, criminal matters are resolved through a plea bargain in which a criminal defendant agrees to plead guilty to a particular offense in exchange for a significantly reduced sentence. Importantly, accepting a plea agreement and pleading guilty is considered a conviction under federal immigration law, even if the agreement involves deferred adjudication or sentencing. This means that even if the plea agreement does not result in a conviction under state law, it may under federal law. For this reason, it is critical for any plea agreement to be carefully negotiated to ensure that there is no risk that the criminal offense to which the defendant pleads guilty will trigger deportation or inadmissibility.
Contact a New Jersey Crimmigration Lawyer Today to Schedule a Case Evaluation
A criminal conviction can very easily have immigration consequences for foreign nationals who are residing within the United States. In addition, individuals who have had overseas convictions may experience difficulty gaining entry into the country because of their criminal record. Fortunately, in both cases, an experienced lawyer can often help. To schedule a consultation with New Jersey crimmigration attorney Ronald P. Mondello, call our office today or send us an email through our online contact form.
