Understanding the Impact of Criminal Convictions on Immigration and How to Protect Your Status"

As a criminal defense attorney, one of the most common questions I hear from non-citizen clients is whether a criminal conviction could affect their immigration status. The answer is often yes, and the consequences can be severe. In Florida, as elsewhere in the United States, certain convictions may lead to deportation, inadmissibility, or other immigration complications. Let’s take a closer look at how this works and what steps you can take to protect yourself.

Understanding Immigration Consequences of Criminal Convictions

Immigration law categorizes criminal offenses into two main groups when evaluating their impact: crimes of moral turpitude (CIMTs) and aggravated felonies. Each category has distinct implications under U.S. immigration law.

  • Crimes of Moral Turpitude (CIMTs): These offenses typically involve conduct that is considered inherently dishonest or morally reprehensible, such as fraud, theft, or assault. Florida Statute §812.014, which covers theft offenses, is an example of a statute where convictions could qualify as CIMTs.
  • Aggravated Felonies: These include more serious crimes like drug trafficking, murder, or certain theft offenses involving significant monetary thresholds. Florida Statute §893.13, addressing drug-related crimes, is often cited in immigration cases. Even if the term "felony" is not used in the state statute, the federal government’s immigration laws may still classify the offense as an aggravated felony.

Deportation and Inadmissibility

A criminal conviction can lead to either deportation or inadmissibility. Deportation occurs when the U.S. government removes you from the country due to your conviction. Inadmissibility refers to being barred from entering or re-entering the United States.

Under 8 U.S.C. §1227, deportable offenses include aggravated felonies, certain firearm offenses, and drug convictions. For example, a conviction under Florida Statute §790.19 (discharging a firearm in public) could make you deportable. Similarly, under 8 U.S.C. §1182, individuals convicted of certain drug offenses, even minor ones, may be deemed inadmissible.

Plea Agreements and Immigration Risks

Many individuals believe that accepting a plea deal for a lesser charge will automatically prevent immigration consequences. This is not always true. For example, pleading to a controlled substance offense under Florida Statute §893.13, even as a misdemeanor, could still lead to deportation or inadmissibility. This is why it’s essential to consult an attorney who understands both criminal and immigration law before agreeing to any plea bargain.

Post-Conviction Relief

If you have already been convicted of a crime, it’s not necessarily the end of the road. Florida allows for certain post-conviction remedies that may help mitigate immigration consequences. For example:

  • Vacating a Conviction: If you can demonstrate that your conviction resulted from inadequate legal representation or that you were not properly informed about the immigration consequences, you may be able to vacate the conviction.
  • Reduction of Charges: In some cases, reducing a felony to a misdemeanor or amending charges to a non-deportable offense can help.

It’s worth noting that these remedies must be pursued promptly and strategically to align with immigration requirements.

Crimes Without Convictions

Even arrests without convictions can have immigration consequences. For instance, an arrest under Florida Statute §316.193 for driving under the influence (DUI) may not lead to a conviction, but it could still raise red flags in immigration proceedings. Immigration authorities can consider your arrest record when assessing whether you meet the “good moral character” standard required for certain immigration benefits.

How We Can Help

The intersection of criminal and immigration law is complex. A criminal conviction doesn’t automatically mean your immigration status is lost, but it does require immediate action. As your legal advocates, we work to minimize the impact of your charges and explore every possible defense under Florida law and federal immigration statutes. Protecting your future requires careful strategy and an understanding of how each decision in your case could affect your ability to remain in the United States.

Criminal Conviction FAQs

Can a misdemeanor conviction affect my immigration status?
Yes, even a misdemeanor can have serious immigration consequences. For example, a misdemeanor theft conviction under Florida Statute §812.014 may be categorized as a crime of moral turpitude. Immigration law does not distinguish between felonies and misdemeanors in the same way state law does, so it’s crucial to understand how your specific charge could impact your case.

What is a crime of moral turpitude, and why does it matter?
A crime of moral turpitude (CIMT) refers to an offense that violates accepted moral standards, such as fraud, theft, or assault. Convictions for CIMTs can lead to deportation or inadmissibility under federal immigration law. For instance, a fraud charge under Florida Statute §817.034 may qualify as a CIMT. These offenses are taken seriously by immigration authorities, even if the underlying conduct seems minor.

Can I be deported for a DUI conviction in Florida?
While a single DUI conviction under Florida Statute §316.193 is generally not classified as a deportable offense, certain aggravating factors can change this. For example, a DUI involving bodily harm or multiple convictions could trigger deportation proceedings. Additionally, DUIs can negatively impact your ability to establish good moral character, which is a requirement for many immigration benefits.

What should I do if I am arrested and I am not a U.S. citizen?
If you are arrested, your first step should be to seek legal representation immediately. Inform your attorney of your immigration status so they can craft a defense that minimizes both criminal and immigration consequences. Avoid admitting guilt or signing any documents without legal advice, as these actions could inadvertently harm your case.

How does a plea deal affect my immigration status?
A plea deal does not guarantee protection from immigration consequences. Certain plea agreements, even for minor offenses, can lead to deportation or inadmissibility. For example, a no-contest plea to a drug possession charge under Florida Statute §893.13 could still make you deportable. Always consult an attorney who understands the intersection of criminal and immigration law before entering into any plea bargain.

Is post-conviction relief an option if I already have a criminal conviction?
Yes, post-conviction relief is often an option. This might include vacating your conviction or reducing charges to a non-deportable offense. However, these remedies can be time-sensitive and complex, requiring the assistance of an experienced attorney.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.