Being convicted of a crime can have serious consequences for any individual, but especially for non-citizens in the United States. A criminal record can affect both your ability to obtain a visa and your status if you are already present in the country. If you are facing legal charges, it is imperative that you understand how a criminal conviction may impact your immigration status and rights in the U.S. To learn more and secure skilled legal representation, consult an experienced Red Bluff criminal lawyer today.
Can a Criminal Conviction Prevent Me from Obtaining a Visa?
If you are outside of the United States and are applying for a visa, having a criminal record can pose a substantial obstacle. The INA (Immigration and Nationality Act) outlines various visas available for individuals to travel to the United States and the conditions that must be met in order to be considered eligible. One of the ineligibilities involves a criminal record.
U.S. immigration law prohibits entry for individuals convicted of certain crimes, including:
- Crimes of moral turpitude
- Controlled substance violations
- Multiple criminal convictions
- Prostitution
- Human trafficking offenses
When you apply for a visa, you must disclose your criminal history. Any of the above being present in your record can make you ineligible to secure a visa and enter the country.
Can a Criminal Conviction Impact My Immigration Status in the U.S.?
If you already have a visa or lawful status in the United States, a criminal conviction can still affect your existing status and put you at risk. The most serious consequence of a conviction on your immigration status is being deported. By committing a crime, you have violated the terms of your immigration, and removal proceedings can be initiated against you.
You will not always be deported immediately upon a conviction. Depending on the nature and severity of the crime, as well as your status in the country, you could incur the following repercussions.
- Visa: If you are a visa holder, your visa could be revoked. Even if you are not deported immediately, you could face challenges when attempting to renew or change your status.
- Green card: If you are a green card holder, a criminal conviction can impact your eligibility for citizenship.
- Asylum or refugee seekers: If you are seeking asylum or are a refugee, being convicted of a crime can disqualify you or result in your status being revoked.
Besides immediate consequences, a criminal record can also make it more difficult to obtain immigration status and benefits in the future. As an immigrant, it is crucial that you fully understand the ways in which you can be affected by a criminal conviction in the United States. Work with a skilled defense attorney for more information and legal representation.
