Immigration Issues: When Facing Criminal Charges In The U.S.

When foreign nationals living and working in the U.S. face criminal charges, they are subject not only to U.S. federal and state criminal laws, but also to federal immigration laws if a conviction occurs.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 increased the number of deportable offenses for non-USA citizens.

Any single felony or misdemeanor convictions may result in deportation.

This could include crimes like drunken driving, drug possession, theft, domestic violence, fraud and sexual or other assault violations.

Federal immigration officials may also consider guilty pleas or dropped charges as convictions in violation of immigration laws.

Even if a lesser criminal conviction does not end in deportation of an immigrant, other problems may arise.

Immigration consequences may include ineligibility for naturalization as a U.S. citizen and denied reentry into the U.S. after traveling abroad. If non-citizens have criminal records prior to entering the U.S., especially crimes of moral turpitude, they may be found inadmissible.