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Will my immigration status be impacted if I’m convicted?

March 20, 2024

Getting convicted of a crime can really screw things up if you aren’t a citizen. It can get your green card taken away, make it so you can’t get one, or even get you deported. Basically, it’s bad news. Let’s break it down so you know what you’re in for if you get convicted.

Green Cards and Visas – Kiss ‘Em Goodbye

If you’ve got a green card and you’re convicted of certain crimes, that green card can be taken away. We’re talking aggravated felonies, crimes involving moral turpitude, multiple criminal convictions…the list goes on. So if you’re a permanent resident, be extra careful to stay out of trouble or that green card won’t be permanent anymore.It’s the same deal if you’re in the U.S. on a visa. Certain criminal convictions will get your visa revoked quicker than you can say “deported”. Say you’re on a student or work visa – a conviction could be grounds for removal before your visa is up. Yikes.

Forgetting About Naturalization

Let’s say you aren’t a U.S. citizen yet, but you were hoping to become one. Well, if you get convicted of a crime, you can kiss that dream goodbye. Naturalization (becoming a citizen) requires you to be of “good moral character”. Good luck showing you’ve got good moral character if you’ve been convicted of a crime.There are some exceptions – things like minor offenses won’t automatically disqualify you. But for the most part, that criminal record is gonna prevent you from naturalizing.

Getting Detained and Deported

Here’s what we’re all afraid of – getting detained by ICE and deported from the country. Unfortunately, a criminal conviction makes this way more likely. Even if you’ve got a green card or visa, a criminal conviction can start removal proceedings to have you deported.If you’re undocumented, it’s even worse. Any contact with police could lead to ICE finding out about you and deporting you. A criminal conviction just makes it that much easier for them.Basically, if you’re not a citizen, getting convicted gives ICE an easy excuse to kick you out. Not cool.

What Kind of Crimes Are We Talking About?

You’re probably wondering what kind of crimes can get your immigration status messed up. The biggest ones are:

  • Aggravated felonies: Murder, rape, trafficking – you know, the bad stuff.
  • Crimes involving moral turpitude: Things like fraud, theft, and assault. Basically, crimes that show you lack “good moral character”.
  • Multiple convictions: A bunch of misdemeanors or lesser crimes can still get you in trouble.
  • Drug crimes: Even minor drug possession charges can be an issue.

So anything from murder to marijuana – a conviction can create immigration problems. Dang.

Defenses Against Deportation

Let’s say you do get convicted of a crime. Is there anything you can do to prevent deportation? There are a few options:

  • Cancellation of removal: If you’ve been a permanent resident for over 5 years, you may qualify.
  • Asylum: If you can prove you’d be persecuted in your home country, asylum may protect you.
  • Withholding of removal: Similar to asylum, but a higher legal standard to meet.
  • Convention Against Torture relief: If you can show you’d likely be tortured in your home country.

These defenses are hard to win though, so avoiding a conviction in the first place is really important.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Bottom Line

Here’s the deal – if you aren’t a U.S. citizen, getting convicted of a crime can ruin your immigration status. Green cards can be taken away, visas revoked, and deportation proceedings started. Your best bet is to avoid any criminal convictions if possible. But if not, talk to an immigration attorney about potential defenses. 

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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