How Will Criminal Charges Affect Your Immigration Status?

Crimes that are considered misdemeanors for a U.S. citizen can be considered deportable offenses for noncitizens. Even if you are a permanent resident who has lived in America for 20 years, one conviction or guilty plea could land you in removal proceedings.

Our attorneys practice in both criminal law and U.S. immigration law, including “crimmigration” cases where those two areas intersect. If you are facing criminal charges and you are not a naturalized citizen, you need to know the possible immigration consequences before you talk to the police or go before a judge. If you have old criminal convictions, you need to know if that will impact your green card or path to citizenship.

We will tell you where you stand and help you take steps to protect both your freedom and your immigration status. We have represented many Hispanic and Latino clients in the Macon area and Central Georgia, including green card holders, temporary visa holders and undocumented individuals. We truly care about protecting your rights and keeping families together. 

Call (478) 241-5247 to set up a legal consultation.

Crimes Of Moral Turpitude

The U.S. Citizenship and Immigration Services (USCIS) may initiate removal for certain “crimes of moral turpitude.” These are offenses that involve theft, dishonesty, violence or danger to others, such as fraud, burglary, auto theft, assault, spousal abuse and aggravated DUI (drunk driving). Such offenses can trigger removal proceedings (deportation) if they occur within the first five years of living in the U.S. or if you have been convicted of two or more crimes of moral turpitude.

We try to get in front of the charges to get them dismissed or downgraded a petty offense that will not jeopardize immigration status. Many noncitizens plead guilty to minor crimes without realizing that it could affect their green card or visa. You should also be aware that if a past conviction was expunged or vacated by a state court or if a sentence was modified, that crime still counts against you for immigration purposes. Talk to our lawyer if you are in trouble with the law or in doubt about a minor offense.

Aggravated Felonies (Deportable Crimes)

Certain crimes are considered automatic grounds for removal if you are not a U.S. citizen. These include serious felonies like murder, robbery, rape, sexual abuse of minors, child pornography, drug trafficking, money laundering, tax evasion, defrauding the government, and certain assault and battery charges, among many other crimes.

It is very difficult to get an immigration waiver or other relief from deportation. It will be necessary to fight the charges at trial or get the case dismissed. Our attorneys have experience with violent crimes, white collar crimes and other serious felonies and will make every effort to avoid a conviction which would be followed by immediate removal from the U.S. or removal after serving time in prison.

Immigration Consequences Of Traffic Offenses

Unlike some other states, Georgia does not allow undocumented immigrants to get a driver’s license. Deadwyler-Heuman Law Firm, LLC, often gets involved to help people address immigration issues arising out of minor traffic offenses such as speeding or running a stop sign. Traffic offenses are not deportable crimes, but can lead to ICE detention if the driver is discovered to be in the U.S. without permission. If you received a traffic citation that attracted the attention of U.S. immigration authorities, call us immediately.