If you are in the process of obtaining any sort of legal status in the United States; or are currently present in the United States on a temporary visa here is what you need to know if you are convicted of a crime in 2025.
Here are some commonly asked questions, and how the DUI Divas can advise you. Disclaimer the DUI Divas are not Immigration Attorneys and any advice regarding immigration is specific to criminal defense.
What Kinds of Charges Can Impact Immigration Status?
Not every interaction with law enforcement will mean deportation or immigration bars – however some charges DO carry serious consequences. Knowing how your charges are categorized is the first step in understanding how the outcome of your criminal charges could impact your immigration goals.
Here are the main categories of charges that could put you immigration status at risk:
- Crimes Involving Moral Turpitude (CIMTs): While not explicitly defined by Immigration Statutes, the types of charges this category captures are things like theft, fraud, or violence. These can be red flags for immigration authorities and could be used as a basis for a removal proceeding or loss of legal status. This category of offense includes behavior or actions that indicate a level of dishonesty, intent to harm, or conduct that shocks the conscience. The elements of the offense and the circumstances surrounding it will determine if the situation is a CIMT. Some examples include the following; sexually oriented offenses, violent felonies, and crimes involving dishonesty or fraud.
- Aggravated Felonies: A noncitizen who is convicted of an aggravated felony is subject to MANDATORY deportation and PERMANENTLY barred from the United States. This category of offense also makes a person ineligible for things like asylum, cancellation of removal, and voluntary departure.
- Drug Related Charges: The law is very clear regarding this category of offense. Deportation is virtually an automatic consequence for a drug conviction. Convictions for drug offenses can also have serious impacts on a noncitizen’s naturalization eligibility, asylum eligibility, or cancellation of removal eligibility. Yes- the law is harsher on other controlled substances such as cocaine, meth, fentanyl, etc., however even small amounts of weed could land you in trouble with immigration if you are convicted.
- Domestic Violence – Related Offenses: Conviction involving domestic violence, child abuse, or violating a protective order? Immigration is definitely paying attention. Convictions for these types of charges along with the sentences imposed can deem a noncitizen deportable and barred from reentry to the United States. Additionally, you may be barred from other forms of immigration relief like asylum.
Get a diva on your side
How Can We Help?
- Communication: We make sure you FULLY understand your situation, rights, and potential consequences. We also have bilingual support staff to assist in this communication.
- Negotiate Favorable Outcomes: Based on the facts and circumstances of the charges, we will negotiate an outcome that protects your immigration goals to the best of our ability.
At DUI Divas, you are not just another case file, you are our client and we’ve got your back! We’ve handled complex cases and walk clients through the scariest process of their lives. Your future is important to us, don’t leave it to chance. Let’s Talk!
If you’re facing criminal charges and you’re not a U.S. citizen, don’t try to navigate this alone. Call the DUI Divas and let us fight for you with confidence, compassion, and serious legal firepower.
