Immigration Consequences of Criminal Charges in California

Arrests and criminal convictions can be particularly stressful if you have to worry about how they will affect your immigration status on top of the criminal consequences. California has specific laws concerning the immigration status of people convicted of crimes, and the consequences can be severe. While your first instinct may be to contact your immigration attorney, you are going to first and foremost need an excellent Orange County criminal defense lawyer to fight the charges against you. At the Law Office of William Bruzzo, our team has extensive experience helping immigrants of all statuses in criminal court. William Bruzzo understands the fear and uncertainty you may be feeling and is here to provide the guidance and support you need. 

Can I Be Deported?

If you are a non-U.S. citizen living in the United States and you commit a crime, you may be subject to deportation. The United States immigration system has strict guidelines regarding criminal offenses and their impact on one’s immigration status. Even a minor offense can have significant consequences and potentially lead to removal proceedings.

Not all crimes will result in deportation. The severity of the crime, as well as other factors such as your immigration status, prior criminal history, and the length of time you have resided in the United States, will all be taken into consideration. However, certain offenses are classified as “crimes of moral turpitude” or “aggravated felonies,” which can have automatic deportation consequences.

Not Admissible to Apply for Legal Status

In addition to the risk of deportation, being convicted of a crime can make you ineligible to apply for legal status in the future. Under U.S. immigration law, certain crimes can make you “inadmissible,” meaning you cannot apply for a green card or other forms of legal status. This can have long-lasting effects on your ability to live, work, or reunite with family members in the United States.

Crimes of Moral Turpitude

If you are an immigrant facing criminal charges in California, one important factor to consider is whether the offense falls under the category of “crimes of moral turpitude.” Crimes of moral turpitude refer to offenses that involve dishonesty, fraud, or immoral behavior. These offenses are considered to reflect negatively on someone’s moral character and can have severe immigration consequences. 

If you are convicted of a crime of moral turpitude, it can potentially lead to deportation or inadmissibility. Again, deportation refers to your removal from the country, while inadmissibility refers to being denied entry or permanent residency in the United States. These consequences apply not only to non-US citizens but also to lawful permanent residents and even visa holders.

To be clear, not all criminal charges fall under the category of crimes of moral turpitude. Each case is unique, and the specific elements of the offense will determine if it qualifies as a crime of moral turpitude. Consulting with an Orange County criminal defense lawyer to get more specific details about your individual situation.

Committing an Aggravated Felony

Committing an aggravated felony is a very serious offense with severe consequences for California immigrants. Aggravated felonies include a wide range of crimes, such as murder, rape, drug trafficking, and certain firearms offenses. If you are convicted of an aggravated felony, you can be permanently barred from re-entering the United States, even if you have family members who are U.S. citizens or legal residents.

What Crimes Can Prevent You from Getting Legal Status in the US?

There are specific crimes that can prevent you from obtaining legal status in the United States. As an Orange County criminal defense lawyer, here are some examples we see often:

• Drug offenses: Convictions for drug trafficking or drug possession with intent to distribute can make you ineligible for legal status.
• Crimes of moral turpitude: This category includes crimes such as fraud, theft, domestic violence, and certain sex offenses.
• Crimes of violence: Convictions for crimes like assault, battery, and robbery can make you inadmissible.

What If I Get Arrested While on Green Card Status?

If you are a lawful permanent resident (green card holder) and you are arrested for a crime, talk to your lawyer immediately. Depending on the nature and severity of the crime, you risk losing your green card and being placed in removal proceedings. The Law Office of William Bruzzo has successfully defended many clients in similar situations, and our Orange County criminal defense lawyer has the skill and experience to protect your rights and help you minimize the consequences.

What About Crimes Committed in my Home Country?

Crimes committed in your home country can indeed have immigration consequences in the United States. If you have been convicted of a crime abroad, even if it is not a crime in the U.S., immigration authorities can still consider it when determining your admissibility. You must disclose any criminal history, no matter where it occurred, when applying for legal status or you will face additional penalties and consequences.

Other Consequences

In addition to the immediate immigration consequences of criminal charges, there may be other long-term effects to consider. A criminal record can make it harder to find employment, secure housing, get into certain educational programs, or obtain professional licenses. It can also affect your ability to travel internationally or become a U.S. citizen. Again, have a dedicated, hard-working Orange County criminal defense attorney by your side to guide you through the process and fight for your rights.

Have Questions for an Orange County Criminal Defense Lawyer?

If you or a loved one has been arrested or convicted of a crime in Orange County, you genuinely need guidance and support from a reputable, knowledgeable Orange County criminal defense attorney, like the Law Office of William Bruzzo. Our hard-working, caring legal team is here to provide you with reliable and savvy legal representation and strategic defense strategies tailored to your unique situation. With the stress and uncertainty you may be feeling, it could ease a lot of your burden to get some answers by contacting our office now to schedule a free legal consultation.