How Criminal Convictions Can Affect Your Immigration Status

Your criminal convictions can have dire immigration consequences. Ensure your criminal defense attorney understands your current immigration status.

 

Criminal Immigration Consequences – Inadmissible vs. Deportable

There are generally two classes of problem that you need to be worried about as a non-citizen facing criminal charges. The first is which outcomes will make you deportable, and the second is which outcomes will make you inadmissible. Some criminal acts will make you deportable if you are already in proceedings, but would not otherwise result in your deportation. Admissibility and deportability are separate issues, with separate, but very similar, sources of law governing them.
If you are deportable, you may be removed from the United States even after having made been lawfully admitted.

If you are inadmissible, you will not be allowed to lawfully enter the United States.
Remaining admissible is important, even for people that are in the United States and have no plans to ever leave the country. Your presence in the United States does not necessarily mean that you have been admitted. An admission is defined in INA § 101 as the lawful entry of the alien into the United States after inspection and authorization by an immigration officer, subject to various exceptions. If you entered the United States without inspection (EWI), especially since 1997, you may not have been admitted, even though you have been here for some time.

If you become inadmissible for a criminal reason, even if you are an LPR, you will not be able to take trips abroad and expect to be allowed back in the United States upon your return. A legal permanent resident (LPR) making a short trip out of the country and returning is not generally an admission for purposes of immigration law, but as a special exception, if you are inadmissible for a criminal reason, or you have commited a crime while out of the country, your return is an admission.
If a criminal act makes you deportable, you may be removed from the United States, even if you have been lawfully admitted and remain within the country.

The U.S. immigration laws contain numerous grounds upon which non-citizens may be deported back to their country of origin (the technical term for which is "removed"). In fact, the laws divide these grounds into two separate categories:
The grounds of inadmissibility, found in Section 212(a) of the Immigration and Nationality Act (I.N.A.). These apply to a person seeking admission to the United States, including both literally seeking entry at the border and also seeking the right to stay legally, such as with a green card application (lawful permanent residence). 
The grounds of deportability, found in Section 237 of the I.N.A. These apply to a person already legally living within the United States, perhaps with a nonimmigrant (temporary) visa or a green card. They also contain a statement that people who are in the U.S. without legal permission shall be deported.

Both Can Lead to Removal

If the immigration authorities believe that you are inadmissible or deportable, removal proceedings may be started against you. You will have a chance to argue your case and in some cases to ask for a waiver (legal forgiveness). However, this may occur in the context of deportation and removal proceedings in immigration court. In any case, you'll need a lawyer's help with this type of issue.
Once an immigrant becomes a U.S. citizen, that person cannot be removed unless he or she used fraud to gain citizenship or an earlier immigration benefit.
To learn about the waivers and other methods for defending yourself from removal, see our section on Removal (Deportation): Process & Laws.

Grounds of Inadmissibility

Here's a brief summary of the types of personal characteristics or history that may make someone inadmissible.

• Having entered the United States without permission
• Having committed fraud in order to gain an immigration benefit
• Having helped smuggle other foreign-born people into the U.S.
• Carrying a communicable diseases of public health significance, such as tuberculosis.
• Having been convicted of certain crimes.
• Having a physical or mental disorders that presents a danger to the immigrant or to others.
• Being likely to become a "public charge," that is, require financial assistance from a government body.
• Threat of terrorism or espionage. Anyone who is deemed likely to engage in any subversive activity against the United States will be turned away when trying to enter into the United States.

Again, this is just a brief summary, intended to highlight potential trouble areas. Do not attempt to analyze your personal immigration situation based on this list.
For more on being "inadmissible"

Grounds of Deportability

Here's a brief summary of the types of personal characteristics or history that may make someone deportable.

• Having gained legal status by committing marriage fraud
• Being a terrorist
• Having been convicted of certain crimes
• Having helped smuggle aliens into the U.S.
• Having not deserved an earlier grant of legal status, because the person was inadmissible at the time
• Having failed to timely notify U.S. Citizenship and Immigration Services (USCIS) of one's changes of address (Yes, that's really in there)
• Having falsely claimed to be a U.S. citizen in order to gain a benefit from the government

http://www.alllaw.com/articles/nolo/us-immigration/grounds-deportability-vs-grounds-inadmissibility.html#

http://www.anthracitelaw.com/maryland-criminal-defense/not-a-u-s-citizen/criminal-immigration-consequences-inadmissible-vs-deportable