The intersection of criminal law and immigration law, known as “crimmigration,” can create devastating problems for non-citizens in Minnesota. Even minor criminal charges can put your immigration status and future in the United States at risk.
What makes criminal cases different for immigrants?
If you are an immigrant, you face two sets of problems when charged with a crime. While U.S. citizens only worry about criminal penalties, immigrants must deal with both criminal and immigration laws at the same time. A crime that might result in probation for a citizen might trigger automatic deportation proceedings for a non-citizen, regardless of their legal status or years spent in the U.S.
Which crimes can lead to deportation?
Several categories of crimes can put your immigration status at risk:
- Aggravated felonies: Including drug trafficking, violent crimes, theft offenses with sentences over one year, and certain fraud cases
- Crimes involving moral turpitude: Such as theft, fraud or crimes involving dishonesty
- Domestic violence offenses: Including stalking, child abuse and violation of protection orders
- Drug-related crimes: Even minor possession charges can have serious immigration consequences
- Firearms offenses: Any conviction involving weapons can trigger removal proceedings
These offenses can affect all categories of immigrants – from green card holders to those seeking citizenship or asylum.
Watch out for hidden immigration traps
What seems like a good deal in criminal court might be disastrous for immigration purposes. For example, a plea bargain reducing a charge to a misdemeanor might still qualify as a deportable offense under immigration law. Even if you do not serve jail time, you could still face removal from the U.S. for certain convictions.
Protecting your future in America
The complexity of crimmigration law means that one wrong step in criminal court can abruptly end your immigration journey. If you are facing criminal charges in Minnesota, it is crucial to work with attorneys who understand both criminal and immigration law. Your future in America may depend on the legal strategies you choose today.