Day 251: From Crime to Consequences: How Convictions Impact Immigration Status

Navigating the complexities of immigration law is challenging, especially when criminal convictions are involved. Criminal charges and convictions can have significant consequences on an individual’s immigration status, potentially leading to deportation or hindering the path to citizenship. This blog explores the impact of criminal convictions on immigration status, examines relevant Arizona statutes, and discusses potential defenses and legal remedies.

Understanding the Impact of Criminal Convictions on Immigration Status

Deportable Offenses

Certain criminal convictions can render non-citizens deportable under U.S. immigration law. These offenses are outlined in the Immigration and Nationality Act (INA) and include:

1. Crimes of Moral Turpitude (CIMT): Convictions involving fraud, theft, or intent to harm can be classified as CIMTs. Under INA § 237(a)(2)(A)(i), a single CIMT committed within five years of admission can lead to deportation if the offense carries a potential sentence of one year or longer.
2. Aggravated Felonies: Defined under INA § 101(a)(43), aggravated felonies include serious crimes such as murder, rape, drug trafficking, and certain theft or violent crimes. Conviction of an aggravated felony can result in immediate deportation and permanent inadmissibility.
3. Controlled Substance Violations: Under INA § 237(a)(2)(B)(i), any violation of a law related to controlled substances, except for a single offense involving possession of 30 grams or less of marijuana, can lead to deportation.
4. Firearms Offenses: Possession, sale, or use of firearms or destructive devices can result in deportation under INA § 237(a)(2)(C).

Inadmissible Offenses

Criminal convictions can also make individuals inadmissible, meaning they cannot enter or re-enter the U.S., obtain a visa, or adjust their status to that of a lawful permanent resident. Inadmissible offenses include:

1. Multiple Criminal Convictions: Under INA § 212(a)(2)(B), having two or more convictions with an aggregate sentence of five years or more makes an individual inadmissible.
2. Controlled Substance Offenses: Similar to deportable offenses, controlled substance violations can lead to inadmissibility under INA § 212(a)(2)(A)(i)(II).
3. Prostitution and Commercialized Vice: Engaging in prostitution or related activities can render an individual inadmissible under INA § 212(a)(2)(D).

Relevant Arizona Statutes

In Arizona, several statutes correspond to offenses that can impact immigration status:

1. Arizona Revised Statutes (ARS) § 13-1802: Theft offenses, which can be classified as CIMTs.
2. ARS § 13-3407: Drug offenses involving the possession, sale, or manufacture of controlled substances.
3. ARS § 13-2907.01: Prostitution-related offenses.
4. ARS § 13-3102: Misconduct involving weapons, including firearms offenses.

Defenses and Legal Remedies

Challenging the Conviction

One approach to mitigating the immigration consequences of a criminal conviction is to challenge the conviction itself. This can be done through:

1. Appeals: If there were errors in the trial process, an appeal might result in overturning the conviction.
2. Post-Conviction Relief: Filing for post-conviction relief can address issues like ineffective assistance of counsel, which may lead to vacating the conviction.

Immigration Relief

Various forms of immigration relief may be available to non-citizens facing deportation due to criminal convictions:

1. Cancellation of Removal: Non-citizens who have been in the U.S. for a long period and can demonstrate exceptional hardship to a U.S. citizen or lawful permanent resident family member may qualify for cancellation of removal under INA § 240A.
2. Waivers: Certain inadmissibility grounds can be waived. For example, INA § 212(h) provides waivers for some CIMTs, controlled substance violations involving simple possession of 30 grams or less of marijuana, and other offenses.
3. Asylum and Withholding of Removal: Individuals who fear persecution in their home country may apply for asylum or withholding of removal. However, serious criminal convictions may disqualify them from these forms of relief.

Conclusion

Criminal convictions can have severe consequences for non-citizens, affecting their ability to remain in or enter the United States. Understanding the interplay between criminal and immigration law is crucial for protecting one’s rights and navigating the legal system effectively. If you or a loved one is facing criminal charges or dealing with the immigration consequences of a conviction, it is essential to seek experienced legal assistance.

At Tamou Law Group PLLC, we specialize in immigration law and can help you understand your options and pursue the best possible outcome. Contact us today at 623-321-4699 to schedule a consultation and protect your future.