The Impact of Criminal Charges on Immigration Proceedings: What You Need to Know

Criminal charges can negatively impact immigration proceedings. U.S. Immigration officials consider moral character when determining immigration approval. However, a lingering criminal charge — and worse — a conviction, can forever impact an immigrant’s life. An immigration attorney can help you face your charges by building a strong defense and representing you in court. Seek legal help now by reaching out to a  Louisiana criminal defense attorney for a free case evaluation.

Understanding What an Arrest Means

An arrest occurs when you are suspected of criminal activity. Regardless of your immigration status, an arrest is a serious legal matter. Hiring a criminal defense lawyer knowledgeable about immigration law can help protect your best interests.

For example, undocumented immigrants or those with a temporary status can face deportation for such crimes as:

  • Domestic violence
  • Controlled substance crimes
  • Firearm charges
  • Aggravated felonies like sexual abuse of a child
  • Crimes against U.S. citizens or the United States

Crimes of Moral Turpitude can also serve as a cause for deportation upon conviction:

  • Arson
  • Child abuse
  • Grand auto theft
  • Murder
  • Rape
  • Robbery
  • Failure to register as a sex offender
  • Illicit trafficking in a controlled substance or firearms
  • Money laundering

This is not a complete list of the types of crimes defined as crimes of moral turpitude. According to the U.S. Department of Justice, a conviction for crimes of moral turpitude must occur within five years of entry into the country. In addition, the immigrant must receive a sentence of confinement — or be confined — for one year or longer.

An arrest for any criminal charge is a reason for concern if you are an immigrant. A conviction is of great concern as it can lead to deportation. It is best not to take your arrest lightly but, rather, to seek the help of a Louisiana criminal defense attorney.

Arrest vs. Conviction

The outcome of your criminal case is crucial to your immigration status. An arrest does not mean you are automatically guilty.  A court must find you guilty of the charges and impose a sentence or deportation.

The prosecuting attorney has the burden of proving you guilty. You have a right to defend yourself against the charges. Not all arrests result in a conviction. In some cases, the following occurs:

  • Charges are dropped before the case ever goes to trial
  • You are found innocent by a judge or jury

These are two examples of what may occur with your case. Depending upon the nature of your alleged crime, a plea deal to help you avoid deportation may be one option your attorney explores. How you proceed upon your arrest is crucial for your future immigration status.

A new country with a different culture is challenging enough — dealing with the court system alone can overwhelm and frighten you. A criminal defense attorney can stand by your side throughout this difficult time.

The Serious Consequences of Deportation

For immigrants seeking a new life in America, deportation for a criminal conviction is devastating. While you may appeal your case, you must continue with the deportation process following your conviction.

The appeals process continues in American courts as you return to your native country or a new destination. The process for re-entry into the United States is slow and extremely complex. Some criminal convictions result in a permanent ban.

Even if you avoid deportation, a lengthy prison sentence can impact you and your family. Therefore, the steps you take immediately following your arrest are imperative for your future.

A Louisiana defense attorney can help you fight the criminal charges that, if successful, may result in a loss of your American dream.

Why Hiring a Criminal Defense Lawyer Matters

Your immigration status is too important to leave to chance. Managing your case alone places you at risk for admitting to a crime you did not commit and other damaging mistakes.

A criminal defense lawyer can protect your best interests by managing the details of your case. Your lawyer works hard on your behalf from important phone calls, legal forms, and interactions with the prosecuting attorney.

Most immigrants are unfamiliar with how the U.S. court system operates. Language barriers can make it difficult to comprehend hearings and to understand court documents. A criminal defense lawyer is on your side and can carefully explain important matters to you.

Do not wait until it is too late. Contact a Louisiana criminal defense lawyer without delay. The sooner they get to work for you, the faster they can investigate what happened and build a plan to protect you from possible deportation. Once you secure a lawyer, provide them with as much information regarding your criminal charges, including police reports, witness information, and any credible evidence.

Stephenson, Chavarri, & Dawson, LLC: Legal Defense for Immigrants

At Stephenson, Chavarri, & Dawson, LLC, we understand immigrants’ challenges in understanding U.S. laws. Our team is diverse, multi-lingual, and ready to assist you with your criminal case.

You must contact us as soon as possible. We offer a free case evaluation, providing you with the opportunity to learn your legal options. As we proceed with your case, we will keep you updated regarding your case.

An arrest is a frightening experience. It is especially frightening when you are unfamiliar with the legal process. For many immigrants, a criminal conviction results in deportation, a heartbreaking experience.

Stephenson, Chavarri, & Dawson, LLC are proud to assist immigrants needing a strong and experienced criminal defense lawyer.  While there is no way to determine the outcome of any case, we work hard to investigate your case and provide the best defense possible.

If you are an immigrant charged with a crime, let us help you. You can contact us online or call us at 504-523-6496. Our compassionate and caring staff is ready to get to work on your behalf today.

Call Now: 504-523-6496