Criminal Immigration Consequences: When Immigration Law Intersects With Criminal Law – “I’ve Been Charged, Now What?”

Part I:  Understanding the Serious Consequences of Criminal Charges for Non-Citizens

Life is unpredictable. Over the years, our Immigration attorneys have stepped in to help F-1 international students, young professionals, and non-immigrant visa holders (such as H-1B or L-1 holders) who, in a moment of poor judgment, found themselves facing a criminal charge. Depending on the specific offense, it could be classified as a crime involving moral turpitude (CIMT) or even an aggravated felony under U.S. immigration law. These are very technical legal terms with serious implications.

Our firm collaborates closely with criminal defense counsel to mitigate potential immigration consequences of charges like DUIs, reckless driving, domestic disputes, larceny/theft, or drug possession. Without coordinated efforts between an experienced immigration lawyer and a criminal lawyer, non-citizens risk deportation or inadmissibility—and even a denied U.S. citizenship application can lead to removal proceedings.

When a U.S. citizen faces criminal trouble, the focus is typically on reducing or avoiding jail time. However, for a permanent resident or non-immigrant, a criminal conviction can trigger immigration penalties, including removal from the United States. In the landmark decision Kentucky v. Padilla, the Supreme Court recognized that non-citizens face a “major life-altering” risk of deportation for certain criminal convictions. The Court instructed criminal lawyers to refer their non-citizen clients to immigration attorneys, underscoring the complexity and gravity of these issues for foreign nationals.

 

Part II: Crimes Involving Moral Turpitude—Key Points and Legal Analysis

Below is an overview of Crimes Involving Moral Turpitude (CIMTs) and the related legal considerations for non-citizens facing criminal charges. Our strategy is to first determine whether the crime is a CIMT and then assess any aggravated felony issues. Early identification of these factors can significantly impact defense tactics and immigration outcomes.

1. Definition and Significance of CIMTs

• A Crime Involving Moral Turpitude is generally defined as conduct that is inherently base, vile, or depraved, and contrary to accepted moral standards.
• Under federal regulations, classification as a CIMT often hinges on intent and willfulness—in other words, whether the action demonstrates moral depravity or a fraudulent intent.
• If a non-citizen commits a CIMT within five years of obtaining lawful permanent resident status (or if multiple CIMTs occur at any time), they could face increased scrutiny or direct placement in removal proceedings.

Examples of Offenses that May Constitute a CIMT

• Theft and Larceny: In many cases, crimes involving theft or larceny are deemed CIMTs, as they involve intentional taking of property with the intent to permanently deprive.
• Burglary: Depending on the jurisdiction and the underlying facts, burglary—especially when it involves unlawfully entering a property with intent to commit a crime—may be classified as a CIMT.
• Fraud and Money Laundering: Crimes that center on deceit, misrepresentation, or an intent to commit financial harm typically fall under CIMT because of the element of fraud.
• False Statements: Lying or using deception (for instance, to obtain a benefit) can be seen as morally turpitudinous.
• Falsely Representing a Social Security Number: Misuse of Social Security numbers, especially with fraudulent intent, is also frequently categorized as a CIMT.

Why Classification Matters

• A CIMT can lead to inadmissibility or deportability, placing non-citizens’ ability to remain in or return to the United States at risk.
• Even if jail time is avoided, the immigration consequences—such as denial of admission at a port of entry, revocation of a visa, or inability to adjust status—can be dire.
• An aggravated felony classification carries even harsher immigration penalties, including near-certain removal with limited relief options.

Immediate Steps to Take

• Seek Qualified Representation: Non-citizens facing criminal charges should promptly consult both a criminal lawyer and an immigration attorney to ensure a coordinated defense strategy.
• Assess Potential Immigration Consequences: Work with immigration counsel to understand if the specific charge might be considered a CIMT or aggravated felony under immigration law.
• Explore Mitigating Options: Depending on the jurisdiction, certain plea arrangements or charge reductions can help reduce or eliminate the immigration risks.
• Maintain Documentation: Keep detailed records of all communications, court dates, and documents related to the criminal charge, as these will be crucial in assessing the potential immigration impacts.

 

Concluding Thoughts

Facing a criminal charge in the United States is serious for anyone, but for a non-citizen, the repercussions can be life-altering. Even a relatively minor offense could trigger deportation or inadmissibility. Since Crimes Involving Moral Turpitude and aggravated felonies carry severe immigration penalties, it is critical to involve an experienced immigration lawyer as soon as possible.

Our immigration attorneys have extensive experience guiding international students, foreign professionals, and non-immigrant visa holders through these highly technical areas of the law. We work closely with criminal defense counsel to safeguard your future in the United States and help you make informed decisions about your legal options.

If you or someone you know is a non-citizen charged with a crime—no matter how minor it may seem—please reach out to us immediately. Early intervention can make a profound difference in protecting your legal status and your long-term goals in the United States.