How criminal convictions affect immigration

If you are not a citizen of the United States, any arrest or criminal conviction can affect your status as an immigrant in one way or the other. You will have a difficult time renewing your visa, securing a work permit, or getting U.S permanent residence.

In case you are arrested by mistake or for something you didn’t do, the first thing should be to contact an experienced Sugar Land immigration lawyer. A lawyer can have your name cleared before the case reaches the trial stage for conviction.

Fraud and violence

In general, CIMTs comprise crimes related to fraud and/or intentional bodily injury to another person. Almost every state has its own way of wording the criminal statute.

For example, the way a Texas criminal statute is worded has a lot of impact on how immigration authorities will handle a particular conviction.

There are basically three options you have in case you are charged with a crime:

• Plead not guilty and proceed to a trial where the judge and jury will decide your fate based on the evidence available
• Plead guilty
• Consent to a guilty plea for a less crime

Level of intent

In case the definition of a specific violence violent crime includes intent, chances are high that it is a CIMT. Domestic violence, kidnapping, murder are just a few examples of CIMT crimes.

Additionally, a DWI without extra factors is most likely not a CIMT crime. This is because it doesn’t involve the conduct of intentional violence.

Fraudulent crimes usually categorized under CIMT may include the presentation of forged documents to authorities or employers, serious burglary crimes, and other crimes such as intentionally misleading another person.

Gray areas may sometimes exist in case a statute is reckless instead of intentional. Recklessness has a higher chance of resulting in a CIMT finding compared to criminal negligence.

Working with a Sugar Land immigration law firm can help you understand most of the crimes that can have a greater impact on your immigration status in the country. A sugar land immigration attorney can also help you plead for less serious crime than the one committed.

What if you are found guilty of a crime?

In case the court finds you guilty, the consequences can be grave. The following things could happen to you:

• You may be deported
• Your application for permanent residency may be denied
• You can be detained awaiting deportation
• You may be denied entry to the United States for a number of years

Complications and exceptions

Although these are just part of the many rules, there are several complex considerations that can sway the court’s decision. For instance, most violence related to CIMT include serious bodily harm. But if the victim is a minor under the age of 17, a much lower degree of harm may serve.

This means that if a person commits a crime when they haven’t attained the legal age of 18 years, they will be charged in juvenile court.

If they are found guilty, then the court will issue an adjudication instead of a conviction. But you still need a Sugar Land criminal conviction immigration attorney to help represent you in court.

Why you need an attorney

Immigration laws are very strict and complex. As such, you will need a good immigration attorney in Sugar Land Texas to help you throughout the case. Otherwise you will risk losing your visa, getting a work permit, or even being deported.

Esani & Momin P.C. have worked with many people with immigration issues for years. They have a lot of experienced lawyers capable of representing you regardless of the crime you have been accused of. It is important to contact them as soon as you are arrested or detained.