Criminal Activity Consequences for Legal Permanent Residents and Other Immigrants

As we continue the fight against COVID-19 and the gradually return to our regular activities, we would like to remind you that the team of FitzGerald Law Company is accepting again in-person meetings and is available to answer your questions. During times of crisis, such as the one we are living through, when the future is uncertain and we all endure stressors that we could not have imagined, the chance of involvement in domestic violence and other criminal activity might increase. For immigrants, this can be a serious problem, given that a criminal record can have a serious impact on a person’s immigration case depending on the defendant’s immigration status.

U.S. Citizens will generally not see any impact on their immigration status by criminal activity. Green Card Holder / Lawful Permanent Residents (LPR) or any other non-citizens with or without a visa, on the other hand, could. For example, if a LPR or any non-citizen is convicted of a crime of domestic violence, then they risk being deported from the U.S. In addition, if a LPR is convicted of a crime involving moral turpitude (CIMT) particularly if it was committed within the first 5 years of their residency, and a sentence of incarceration for 1 year or more may be imposed, then they risk deportation as well. It is worse for an immigrant without Legal Permanent Resident status because they may face deportation even if the CIMT was committed after they have been in the U.S. for 5 years. We know how hard our clients work to obtain their Legal Permanent Resident status or any other status, and to lose that status affects not only the immigrant, but also their family and community.

Whether or not a conviction is for a crime of domestic violence, or for a crime of moral turpitude, or even whether or not the disposition of a case constitutes a conviction, can often be a complicated question. Therefore, if a LPR or non-citizen is charged with a crime, it is critical that they obtain advice not only from an attorney who understands criminal law, but also immigration law. The attorneys of FitzGerald Law Company practice both immigration and criminal law, and as such, are able to provide meaningful and accurate advice for both areas. We remain committed to assisting people in obtaining favorable outcomes. If you, a family member or a friend, need the assistance of an experienced criminal lawyer or a criminal / immigration lawyer, call us to schedule a meeting with one of our attorneys at (617) 303-2600, or request one online.

Please stay safe during this difficult time.