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Many immigrants believe that only serious crimes lead to deportation. But immigration law works differently than criminal law.
Even if a crime is labeled a misdemeanor under state law, it may still cause immigration problems.
In some situations, a misdemeanor could lead to detention or deportation proceedings.
Understanding how immigration law and criminal law intersect can help you protect your future.
States classify crimes as misdemeanors or felonies.
But immigration law does not always follow these labels.
Federal immigration authorities may look at:
This means a misdemeanor could still be considered serious under immigration law.
Immigration cases are reviewed by agencies such as U.S. Citizenship and Immigration Services.
Some misdemeanors that may affect immigration include:
Crimes involving theft may be considered crimes of moral turpitude, which can affect immigration status.
Simple battery or physical violence may cause problems depending on the details of the case.
Domestic violence offenses are taken very seriously under immigration law and may lead to deportation.
Even smaller crimes can become a problem if someone has multiple convictions.
Many people believe that expungement completely removes a criminal record.
While expungement may help in some situations, immigration authorities may still review the original conviction.
This means the immigration consequences may remain even after a case is expunged.
Because of this, immigrants should speak with a lawyer before making decisions about criminal cases.
If you are not a U.S. citizen, criminal charges can affect:
This is why immigrants should always seek legal advice from a lawyer who understands both criminal and immigration law.
A legal strategy can sometimes help reduce immigration risks.
Yes. Some misdemeanors, even though those involving theft or domestic violence, can trigger immigration consequences.
Not always. Immigration authorities may still consider the original conviction.
They should speak with an immigration attorney immediately before accepting a plea deal.
A misdemeanor may seem small in criminal court, but it can have serious immigration consequences.
The best step you can take is to get legal advice as early as possible.
At Godoy Law Office Immigration Lawyers, we help immigrants understand how criminal charges affect their immigration status and explore possible solutions.
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Oak Brook • Waukegan • Elgin • Orland Park • Berwyn • Aurora • Joliet • Chicago (Beverly)
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
