When Permanent Residents and U.S. Visa Holders are Charged with A Crime
Have you been charged with a crime as a non-citizen? If so, you face unique risks that U.S. citizens do not. Beyond potential jail time or fines, you could face life-altering immigration consequences—including removal (deportation) from the United States. Our team of Fairfax immigration lawyers is here to help you protect your future and navigate these complex, high-stakes situations.
Why Criminal Charges Matter Even More for Non-Citizens
- Risk of Removal – A criminal conviction can make you deportable, whether you hold a non-immigrant visa (F-1, H-1B, L-1, etc.) or permanent resident status (green card).
- Impact on Status – A simple plea or minor conviction can trigger visa revocation or denial of future immigration benefits.
- Denied Citizenship – Applying for U.S. citizenship with a disqualifying conviction can lead to denial and possible removal proceedings.
Under Kentucky v. Padilla, the Supreme Court recognized that non-citizens face a “major life-altering” risk of deportation when charged with a crime. Criminal defense attorneys are strongly encouraged to coordinate with immigration counsel to fully understand and mitigate these risks.
Crimes Involving Moral Turpitude (CIMTs)
One critical factor is whether the offense is considered a Crime Involving Moral Turpitude (CIMT) under immigration law. CIMTs generally involve intent or fraud, and can include:
- Theft / Larceny – Intentionally depriving someone of property
- Burglary – Unlawful entry with intent to commit a crime
- Fraud / Money Laundering – Deceit or misrepresentation for financial gain
- False Statements – Lying to obtain a benefit
- Falsely Representing a Social Security Number – Using someone else’s SSN or misrepresenting your own
A conviction for a CIMT or an aggravated felony can make you:
- Inadmissible – Unable to enter or re-enter the United States
- Deportable – Subject to removal proceedings if you are in the U.S.
Our Approach: Coordinated Defense
Our Immigration lawyers work in tandem with your criminal defense attorney to:
- Assess the Charges
Determine if the alleged offense could be classified as a CIMT or aggravated felony. - Strategize with Defense Counsel
Explore plea deals or charge reductions that may reduce or eliminate negative immigration consequences. - Protect Your Status
Advise on the best paths to preserve or restore your immigration benefits, whether you’re seeking to maintain your visa status or apply for citizenship down the road. - Act Quickly
Early intervention is key. The sooner you involve experienced immigration counsel, the better your chances of a favorable outcome.
Frequently Asked Questions
1. What if I’m just a student on an F-1 visa?
You risk losing your status if convicted. You may also be forced to leave the U.S. and find it difficult to re-enter.
2. I have a green card—can I still be deported?
Yes. Depending on the nature of the conviction, permanent residents can be placed into removal proceedings.
3. Why do I need both a criminal and an immigration lawyer?
Criminal law and immigration law are separate legal spheres. A criminal lawyer focuses on reducing penalties and avoiding incarceration but may not fully understand how a specific conviction impacts your immigration status. That’s where we come in.
Contact Our Fairfax Immigration Lawyers Today
If you’ve been charged with a crime—or even suspect charges may be forthcoming—do not wait to seek immigration counsel. A single wrong move can jeopardize your status, your family, and your future in the United States.
Call (703)829-5881 or [Click Here to Schedule a Consultation]. We’re committed to providing compassionate, proactive representation, ensuring you’re fully informed every step of the way. Let us help protect your immigration status and give you the best chance at a successful outcome.