Site Search:

Newsletter

• Residency and travel abroad: Avoid losing your residency (Dec. 2011)
• Cancellation of Removal/Deportation, Second Quarter 2011
• Priority Dates Advanced - December 2010
• The "U" Visa, First Quarter 2010
• Conditional Residency Newsletter, Third Quarter 2009
• American Citizenship Newsletter, Second Quarter 2009
• First Quarter 2009 Newsletter (immigration benefits for stepchildren, deportation, waivers, TPS, 245i, criminal charges and immigration)
• Is your Immigration Petition Taking too Long? You may sue the immigration service (USCIS)
• The 2008 U.S Presidential Candidates on National Immigration Reform
• December 2007 Newsletter
• Newsletter Index

I was arrested by the police, am I going to have trouble with immigration?

In general, any criminal charge may have a negative impact on your immigration status. Criminal convictions may cause the Immigration Service to deny an application, to start deportation proceedings, or to detain or imprison an individual. If you are not a U.S. citizen and you are facing criminal charges you should have your case reviewed by an immigration lawyer as well as a criminal attorney.

There are two types of criminal charges that are important: "aggravated felonies" and "crimes of moral turpitude". Aggravated felonies are serious offenses involving theft, drugs, and acts of violence.

Crimes of moral turpitude are those involving an act of moral deficiency, for example shoplifting, fraud, assault and battery with a weapon.

Any conviction for an aggravated felony or a crime of moral turpitude can result in deportation or exclusion (denied entry into the U.S.). In addition, a conviction for any crime may result in a denial of any application at the discretion of the Immigration Service.

A conviction is any admission of responsibility for a criminal charge made in court, even if it is not called a guilty plea. Generally, if you have been ordered to pay a fine or placed on probation you have admitted responsibility.

IMPORTANT NOTE ABOUT THIS DOCUMENT

The information contained in this document is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.