For many, the American dream represents a life of authenticity, hard work, and freedom. As such, many dream of coming to the United States to restart their lives. However, many immigrants may be unfamiliar with the strict justice system of the United States, leaving them susceptible to offenses that could lead to serious immigration consequences. If you’re facing a criminal conviction, understanding the impact it can have on your immigration status is critical. The following blog explores what you should know about these matters, including the importance of working with Houston criminal defense attorneys to guide you through this process.
What Immigration Consequences Does a Criminal Conviction Carry?
Whether you are a green card holder or in the United States on a work visa, it’s imperative to understand the impact that a criminal conviction could have on the immigration process. In many instances, you’ll find that crimes can result in deportation.
Typically, in the United States, certain crimes are considered deportable offenses, regardless of how long the offender has lived in the country at the time they are deported. These include violent crimes or aggravated felonies. However, you can also face deportation if you are accused of committing a “crime of moral turpitude.”
A crime of moral turpitude is an umbrella term used to describe a number of crimes that could result in deportation. In many instances, the exact definition of these kinds of crimes is left vague so many different offenses can fall under this category. However, these generally include crimes that are considered unethical or immoral, like murder, fraud, larceny, or child abuse.
If you’ve been convicted of a crime of moral turpitude, there are generally two ways this can result in deportation. The first is if you are convicted of this offense within five years of entering the United States. You can also face deportation if you commit two serious, separate offenses after your admission outside of the five-year period. This means if you committed a crime 7 years after entering the United States, you likely would not be deported, instead facing time spent in prison.
What Happens If I’m Facing Deportation?
In the event you are facing deportation in Texas, it’s imperative to understand what you can expect. The process differs based on your status in the country. For those currently navigating an immigration status, a criminal conviction can result in the termination of your legal status. If you are still considered a legal immigrant following the conviction, you may be barred from becoming a naturalized citizen. If you are in the country illegally, when you are arrested by the police, your fingerprints will be run through an Immigration and Customs Enforcement (ICE) database. Should ICE determine that you are not in the country legally, they will place you on “retainer.” This essentially requires the jail to hold you for up to 48 hours until you can be detained by ICE.
As a criminal defendant, ICE can only place you on retainer if they have evidence that you are in the country illegally. Additionally, the jail can only hold you for up to 48 hours.
When facing deportation or other immigration consequences after committing a criminal offense in Texas, it is critical to connect with an experienced criminal defense attorney as soon as possible. Unfortunately, these matters are incredibly difficult to navigate, which is why obtaining legal representation to guide you through this process is vital. At the Gonzalez Law Group, we understand how overwhelming these matters may be, which is why we will do everything possible to help you fight for the justice you deserve. Contact us today to learn how we can help you.