If you are a non-citizen and accused of a crime in the United States, your immigration status is in jeopardy. Even if the charges against you are dropped, being arrested or detained for a crime can lead to immigration consequences. Keep reading to learn more about how federal crime convictions negatively impact immigration status and citizenship.
Immigration & Citizenship in the United States
There is definitely a spotlight on immigration in the United States. The laws surrounding it as well as the enforcement of proper protocol is a hot button issue, especially in this election year. Noncitizens accused of or charged with crimes is a concern for not only lawmakers and the general public, but for immigrants themselves as well.
The dream of finding a better life in the United States has been a goal for many since the beginning of our country. Leaving an old life behind and searching for opportunity is what the United States was founded on. However, when crimes are committed by noncitizens, those dreams can be over in an instant.
Some extensive research done by Stanford University on immigrants and crime found that there is a real fear of getting in trouble and being arrested within immigrant communities. Far from committing crimes, immigrants generally do not want to rock the boat. It is made very clear to immigrants when they enter the United States and begin the immigration and naturalization process that any crime committed by them could terminate their opportunity to live and work in the United States.
Crime Convictions & Accusations That Affect Immigration Status
The United States and its many crime fighting agencies take crimes committed by immigrants, or non-citizens, very seriously. Certain crime convictions, like those considered aggravated felonies, result in deportation as well as the inability to ever enter the United States again. These types are crimes include: murder, sexual abuse, and drug traffiking.
Even if you are acquitted of the crime you were accused of, being arrested or charged with a crime is enough for immigration authorities to place you in removal proceedings. The Immigration and Nationality Act lists a number of “immoral acts” that can place a non-citizen in violation and put their citizenship at risk. These include:
- Controlled substance offenses
- Crimes of moral turpitude
- Aggravated felonies
- Firearm or destructive device convictions
- Espionage, sabotage, treason and other crimes
- Crimes of domestic violence, stalking, child abuse, abandonment, or neglect
- Failure to register as a sex offender
- Violating a protective order
- High speed flight from an immigration checkpoint
- Failure to register or falsification of documents
In addition to the criminal convictions mentioned above, there are many acts that can place an immigrant in danger of deportation. The consequences for many of these acts do not even require court proceedings to take place in order to prove guilt. A simple accusation of a crime is enough to begin the process of deportation.
These unprosecuted/merely suspected acts include: crimes of moral turpitude, controlled substance offenses, prostitution, fraud or misrepresentation, false claims to United States citizenship, alien smuggling, marriage fraud, human trafficking, money laundering, international child abduction, and others.
When noncitizens are involved in or accused of being involved in white collar crime, the Department of Homeland Security adds their resources into the efforts to investigate and prosecute the defendants. Included in these types of investigations are the IRS, SEC, FBI, and the Homeland Security Investigations branch of Immigration and Customs Enforcement.
The consequences for noncitizens accused of or convicted of any of these crimes are severe. If you are a noncitizen who has been accused or charged with any crime, you need to reach out to a defense attorney for advice and assistance.
Seek Legal Assistance If Accused of a Crime
Noncitizens who have been accused of white collar crimes, or any crime in general, need to understand the effect a conviction, or even an accusation can have on not only their immigration status, but their life. Many of the crimes a noncitizen can be convicted of are complex in nature, so enlisting the assistance of an experienced attorney is a must. The legal team at The Law Offices of Robert J. DeGroot can help.
If you or someone you know is a noncitizen who has been accused or charged with a crime, reach out to the Law Offices of Robert J. DeGroot today.
