Protecting Your Immigration Status After an Arrest

If you are not a U.S. citizen and have been arrested or charged with a crime in California, your criminal case may involve much more than fines, probation, or possible jail time. Depending on the circumstances, a criminal case can potentially affect your immigration status, green card, visa, naturalization application, or ability to remain in the United States.

Criminal defense and immigration law are closely connected, and for noncitizens, the decisions made during a criminal case can have lasting immigration consequences. That is why, if you are arrested or charged with a crime, it is crucial to work with a California criminal immigration lawyer who understands the intersection between criminal defense and immigration law.

How Can a Criminal Conviction Affect Immigration

Immigration law is federal law, even when your criminal case is prosecuted under California law. Depending on the offense and your individual circumstances, a criminal conviction may result in immigration consequences such as inadmissibility, removability, or difficulty obtaining certain immigration benefits.

The potential consequences depend on several factors, including:

• The exact criminal offense and statute;
• The elements of the offense;
• Whether there was a conviction or only an arrest;
• The sentence imposed;
• The person’s current immigration status;
• Prior criminal history; and
• Whether an exception, waiver, or other form of immigration relief may be available.

Immigration authorities identify certain crimes involving moral turpitude, controlled-substance offenses, and multiple convictions among the criminal grounds that can affect admissibility. Because these issues can be complicated, it is important to evaluate immigration consequences before making decisions about your criminal case.

Even Misdemeanors Can Create Immigration Problems

Many people assume that immigration problems only arise from serious felony convictions. That is not necessarily the case.

A misdemeanor may potentially have serious immigration consequences depending on the offense, sentence, and immigration circumstances. Immigration law does not simply follow California’s classification of an offense as a misdemeanor or felony. Federal immigration authorities may instead examine the specific statute, the elements of the offense, the sentence imposed, and other circumstances.

This is why a criminal charge that appears minor from a criminal-law perspective should not automatically be treated as harmless from an immigration perspective.

Criminal Pleas and Immigration Consequences

For a noncitizen, the best criminal outcome is not necessarily the one that results in the shortest sentence. A plea to one offense instead of another may result in substantially different immigration consequences. The wording of the conviction, the statute involved, and the sentence can all matter.

California law recognizes the importance of immigration consequences during criminal proceedings. Under California Penal Code provisions addressing pleas and immigration consequences, defense counsel has duties to advise noncitizen defendants about potential immigration effects.

Our firm can evaluate the criminal charges and proposed disposition with those concerns in mind. When appropriate, we can also work with qualified immigration counsel to help ensure that both the criminal and immigration consequences are considered.

What If I Already Have a Criminal Conviction?

If you already have a California criminal conviction, there may still be legal options worth exploring. Depending on the circumstances, a person may consider post-conviction remedies such as a reduction, dismissal, or other relief.

However, a California expungement or dismissal does not necessarily eliminate the immigration consequences of a conviction because federal immigration law applies its own rules and has its own definition of what constitutes a conviction. Therefore, a state-law remedy may not have the same effect under federal immigration law.

For that reason, before pursuing post-conviction relief, it is important to determine whether the proposed remedy is likely to address the specific immigration problem.

Why You Need a California Criminal Defense Lawyer Who Understands Immigration Issues?

When your immigration status is at stake, criminal defense requires more than simply trying to avoid jail time. A criminal defense lawyer should consider how the outcome of your case could affect your future in the United States. Depending on your circumstances, that may mean evaluating potential consequences for your green card, visa, naturalization, adjustment of status, or ability to remain in the country.

Our approach is focused on protecting your rights throughout the criminal process while identifying potential immigration consequences before important decisions are made. At the Justice Firm, our goal is not simply to resolve the criminal charge. It is also to determine whether there is a way to resolve the case while minimizing potential harm to the client’s immigration status and future in the United States.

Protect Your Criminal and Immigration Future

A criminal arrest does not automatically mean you will lose your immigration status. Likewise, a misdemeanor does not necessarily mean that your immigration status is safe. At the Justice Firm, our experienced criminal defense attorneys understand that every case is different, and that the outcome can depend on the exact criminal statute, sentence, immigration status, prior history, and other facts.

If you or a loved one is facing criminal charges in California and you are concerned about immigration consequences, contact our office today to schedule a confidential consultation and discuss your legal options, locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here. The earlier potential immigration issues are identified, the more opportunities your defense team may have to protect your future.