The American ideal, often known as the “American Dream,” embodies principles of authenticity, diligence, and liberty, attracting foreign nations who seek to begin anew. Nonetheless, unfamiliarity with the legal framework in the United States can render immigrants vulnerable to infractions that may precipitate severe immigration consequences. In the unfortunate event of a criminal conviction in New York, understanding its potential ramifications on your immigration status is crucial. Please continue reading as we explore what you should know about these matters and the importance of consulting our Nassau County Criminal Defense Attorneys to navigate the complexities of this process.
What Immigration Consequences Does a Criminal Conviction Carry in New York?
Whether you are a green card holder or residing in the U.S. on a temporary visa, it’s imperative to understand the potential consequences a criminal conviction can have on your immigration status and future within the country. In most cases, individuals who are not U.S. citizens but have been convicted of certain crimes will find that these legal entanglements can lead to the initiation of deportation, potentially resulting in their forced departure from the country and barring their future return.
A criminal conviction’s effect on immigration status is a complex legal area, heavily influenced by a multitude of factors. These include the nature and severity of the offense, relevant immigration law, and the individual’s immigration background and connections to the U.S. Certain offenses, especially aggravated felonies and crimes of moral turpitude, can trigger removal proceedings, even for long-term residents. Crimes of moral turpitude, while less clearly defined, generally involve inherently vile or depraved conduct. Even seemingly less severe crimes can result in serious immigration consequences. Multiple convictions for any combination of criminal offenses can significantly increase the risk of removal.
What Happens if I’m Facing Deportation?
Understanding the deportation process in New York is crucial for anyone facing potential removal. It’s important to note that the procedure varies depending on your immigration status. For those with existing legal status, a criminal conviction can lead to its termination and may prevent you from becoming a U.S. citizen in the future, even if legal status is maintained post-conviction. If you are in the country without legal status and are arrested, ICE can issue a detainer, which requires the jail to hold you for up to 48 hours.
Given the potentially life-altering ramifications of a criminal conviction on immigration status, any non-citizen who has been arrested or charged with a crime should seek immediate legal guidance. At KCS Law, we are prepared to asses the specific circustmncares of your case and develop a robust defense strategy aimed at safeguarding your immigration benefits. Connect with our firm today to learn how we can fight for you.
