Immigration Consequences of Criminal Convictions in NY

Getting convicted of a crime can wreak havoc on anyone’s life, but for non-citizens in New York, the stakes are even higher. A criminal conviction can lead to severe immigration consequences, including deportation, denial of re-entry, and ineligibility for naturalization. This article delves into the specific impacts that different types of criminal convictions can have on your immigration status, providing you with the insights you need to navigate this complex legal landscape.

Types of Crimes and Immigration Consequences

Not all crimes carry the same weight when it comes to immigration consequences. Understanding which types of crimes are particularly problematic can help you better prepare and defend your case. Let’s break down the primary categories:

• Crimes Involving Moral Turpitude (CIMT)
• Aggravated Felonies
• Controlled Substance Offenses
• Domestic Violence Crimes

Crimes Involving Moral Turpitude

Crimes involving moral turpitude (CIMT) are considered offenses that violate the ethical standards of the community. Examples include fraud, theft, and certain violent crimes. Getting convicted of a CIMT can result in deportation or make you ineligible for certain immigration benefits like adjustment of status.

Multiple CIMTs

If you are convicted of more than one CIMT, the immigration consequences can be even more severe. Multiple CIMTs are generally grounds for mandatory deportation, and could permanently bar you from re-entering the United States.

Aggravated Felonies

Aggravated felonies are among the most serious crimes under immigration law. These include drug trafficking, murder, rape, and firearms offenses. Conviction of an aggravated felony almost guarantees deportation and also bars you from many forms of relief, including asylum and cancellation of removal.

Controlled Substance Offenses

Controlled substance offenses cover a wide range of drug-related activities, from simple possession to trafficking. Even minor drug convictions can have substantial immigration consequences, such as making you inadmissible or deportable. In some cases, having a drug conviction can also result in the loss of federal benefits and public housing.

Exception for Small Quantities

There are limited exceptions, such as cases involving possession of a very small amount of marijuana (less than 30 grams), that might not result in deportation. However, these cases are rare and should be discussed in detail with an immigration attorney.

Domestic Violence Crimes

Convictions related to domestic violence, stalking, child abuse, or violation of a protection order can also trigger deportation proceedings. Even if the offense is classified as a misdemeanor, the immigration implications can be severe.

Violation of Protection Orders

Failing to comply with protection orders, especially those related to domestic violence cases, can result in you being considered a danger to the community, significantly increasing the risk of deportation.

Removal Proceedings

Once convicted of a crime that carries immigration consequences, you may be placed in removal proceedings. This means the government will initiate actions to deport you from the United States. Being in removal proceedings does not automatically mean you’ll be deported, but it does mean you need to mount a strong legal defense.

Defense Strategy

A robust defense strategy is essential for navigating removal proceedings. This could involve demonstrating that you do not fall into any deportable category, applying for relief from removal such as asylum or cancellation of removal, or negotiating a plea to a lesser offense that does not carry immigration consequences.

Relief From Removal

There are several types of relief available for those in removal proceedings. Some of these include:

• Asylum – For individuals who can demonstrate a well-founded fear of persecution in their home country.
• Cancellation of Removal – Available to those who meet specific residency and criminal record criteria.
• Adjustment of Status – For those eligible to become lawful permanent residents while in the U.S.

Choosing a Criminal Defense Attorney

Selecting the right criminal defense attorney can make a significant difference in the outcome of your case. Look for someone who not only understands criminal law but also has a solid grasp of immigration law. The two fields are intricately linked when it comes to non-citizen cases.

The Importance of Legal Advice

Getting accurate legal advice is crucial when facing criminal charges as a non-citizen. An attorney versed in both criminal and immigration law can navigate the complexities and develop a strategy that minimizes adverse immigration consequences.

Conclusion

Understanding the immigration consequences of criminal convictions in New York is essential for anyone facing criminal charges. The stakes are incredibly high, and the ramifications can be life-altering. Whether it’s a CIMT, aggravated felony, controlled substance offense, or a domestic violence crime, each type of conviction comes with its own set of challenges and consequences.

Ultimately, the importance of experienced legal representation cannot be overstated. Engage a knowledgeable attorney who can navigate this labyrinth of laws and offer the best possible defense.

If you are facing legal issues related to immigration and criminal convictions, don’t hesitate to contact us. We are here to help you navigate these complex waters and find a solution best suited for your situation. Let’s work together to protect your future.