Anyone can get arrested for violating the law in the United States. Technically, the criminal penalties possible are usually the same regardless of an individual’s personal characteristics. A defendant’s immigration status usually does not expose them to more serious criminal penalties imposed by the courts.
However, immigrants are at risk of secondary consequences after a criminal conviction. Depending on the charges they face and the penalties the courts hand down, they may be at risk of removal from the United States. Even if they avoid removal, they may become ineligible to renew a visa or adjust their status to become a permanent resident.
When do immigrants need to worry about criminal offenses affecting their status in the United States?
When crimes detract from their good moral character
There are many requirements to lawfully enter and stay in the United States as a foreign national. Immigrants have to meet certain medical requirements. They also need to pass a background check. Minor criminal violations don’t prevent immigration. However, offenses that indicate an immigrant lacks good moral character can influence their eligibility. Crimes of moral turpitude, meaning crimes that offend the ethical sensibilities of a community, can affect immigration status. So can crimes involving violence or felony offenses.
When crimes may result in heavy sentences
Another reason that a criminal offense may negatively affect immigration has to do with the penalties imposed. Lengthy incarceration can affect immigration eligibility. If someone serves 180 days or more in state custody, they may be at risk of removal from the United States. If the aggregate sentence for the charges brought against an individual is five years or longer, they may face removal regardless of how long they remain in state custody.
When crimes relate to addiction
Those who commit crimes related to substance abuse are at risk of immigration consequences. Many different drug offenses can result in immigration consequences. Those accused of repeated drunk driving infractions could also be at risk of removal from the United States.
The best option for an immigrant accused of criminal activity is often to defend against the charges they’re facing. Avoiding a criminal conviction can help an immigrant protect their status after an arrest.
