Criminal Immigration Consequences: Deportation Risk for Non‑Citizens in MD

Congress has broad authority to set the rules for who can enter or remain in the United States if they are not U.S. citizens. In the Immigration and Nationality Act, Congress has listed several reasons why someone may be denied entry or removed from the country, including certain criminal acts.

If a non-U.S. citizen commits certain crimes while in the United States, the person may be removed from the country. Some criminal offenses can also prevent a person outside the United States from entering the country or returning after leaving.

Criminal activity can also stop a non-U.S. citizen from qualifying for certain forms of relief from removal, such as asylum, or from becoming a U.S. citizen.

How can criminal charges affect immigration status?

In some situations, immigration law clearly lists specific crimes that can lead to immigration problems. In other cases, the law uses broader categories of crimes. For example, crimes classified as “crimes involving moral turpitude” or offenses defined as “aggravated felonies” under the Immigration and Nationality Act may make a non-U.S. citizen ineligible for certain immigration benefits or protections.

The Immigration and Nationality Act treats people differently depending on whether they were legally admitted to the United States. Some non-U.S. citizens were lawfully admitted, while others may be trying to enter the country for the first time or may be in the United States without legal admission.

People who were lawfully admitted can still be removed from the country if they engage in conduct that makes them deportable. By contrast, people who have not been legally admitted may be denied entry or removed from the United States if they have engaged in conduct that makes them inadmissible.

Federal immigration law identifies categories of crimes that can make a person inadmissible to the United States or deportable from the country, but these standards are not identical.

In some situations, a person may be denied entry if they were convicted of certain crimes or if they admit to committing the elements of certain crimes, even if there was no formal conviction. In most criminal-based deportation cases, immigration law requires a conviction as defined by the Immigration and Nationality Act, although some grounds of removal do not require a conviction.

Certain criminal activity can also affect eligibility for immigration benefits or relief from removal. The impact depends on the specific conduct and the type of benefit or relief being requested.

Do misdemeanors have immigration consequences?

A misdemeanor can still affect your immigration status. Even though misdemeanors are less serious than felonies, they can still cause problems with immigration. In some cases, a misdemeanor may affect a green card application or may lead to removal proceedings. The outcome depends on the specifics of the crime and the situation.

Which crimes can affect citizenship?

Do you have a criminal record and a green card? Do you want to become a U.S. citizen? You might still be able to apply for naturalization, but it depends on the crime you committed and the specifics of your case.

Some crimes can stop a person from becoming a U.S. citizen. For example, a conviction for an “aggravated felony” after November 29, 1990, can make someone permanently ineligible for naturalization.

In immigration law, a crime doesn’t have to be considered “aggravated” or even be a felony under state law to count as an aggravated felony. Some offenses that are considered minor under criminal law, including certain misdemeanors, may still be treated as aggravated felonies under federal immigration law. Some offenses may be treated as aggravated felonies depending on the type of offense and, in certain cases, whether a sentence of at least one year was imposed.

Common examples of aggravated felonies include:

• Rape
• Murder
• Sexual abuse of a minor
• Smuggling people into the United States
• Drug trafficking
• Bribing a witness, perjury, or perverting the course of justice when the sentence was at least one year
• A “crime of violence” where the sentence imposed was at least one year

This is not a complete list of aggravated felonies under immigration law. If you have a criminal record, reach out to the Maryland criminal defense lawyers at Drew Cochran, Attorney at Law, for guidance on what your options are for obtaining citizenship in the United States.

How can criminal activity affect my green card application?

If you are renewing or replacing an existing green card, you may need to file Form I-90, pay a filing fee, and go to a biometrics appointment. U.S. Citizenship and Immigration Services will take your fingerprints and check your background during the appointment. This lets them see if you have a criminal record.

If immigration authorities believe your criminal history makes you removable, the Department of Homeland Security may start deportation proceedings. If this happens, it is important to contact an experienced Maryland criminal defense lawyer as soon as possible.

Obtaining immigration benefits and relief from removal

If an alien engages in conduct that constitutes grounds for inadmissibility or deportability, it does not necessarily follow that the alien cannot enter or remain in the United States. The Immigration and Nationality Act provides multiple forms of relief, some discretionary and others available if specific legal standards are met. Common types of relief include adjustment of status, a waiver of certain grounds of inadmissibility by immigration authorities, cancellation of removal, voluntary departure, withholding of removal, and asylum, among others.

But some crimes can make a non-U.S. citizen ineligible for some types of immigration help. Immigration judges working under the Executive Office for Immigration Review usually decide applications for relief from removal.

The Department of Homeland Security, through U.S. Citizenship and Immigration Services, also decides many immigration benefit applications. These can include asylum, refugee status, and adjustment of status.

How can criminal charges lead to deportation?

For non-U.S. citizens, a criminal charge can sometimes lead to deportation. If a person is convicted of certain crimes, immigration authorities may decide that the person is removable from the United States under federal immigration law.

In many cases, the process begins when the Department of Homeland Security issues a document called a Notice to Appear, which starts a case in immigration court. An immigration judge will then decide whether the person can stay in the country or must be removed. Because criminal charges can affect immigration status in serious ways, it is important to speak with a Maryland criminal defense lawyer as soon as possible.

Contact Drew Cochran, Attorney at Law

Criminal charges can have serious consequences for non-U.S. citizens, including possible immigration problems or deportation. It is important to understand your rights and get legal advice as soon as possible.

If you are facing criminal charges and are worried about how they may affect your immigration status, contact Drew Cochran, Attorney at Law, today.