Immigration Consequences of Criminal Convictions for Long-Term Residents
by Christopher J. McNally, Esq
Many long-term residents of the United States who are not citizens mistakenly believe that their established lives here protect them from deportation if they commit crimes. This dangerous misconception can lead to life-altering consequences.
Even after living in the United States for decades, maintaining a steady job, raising American children, and building deep community ties, a non-citizen remains vulnerable to removal proceedings following certain convictions for serious crimes.
At Sayer, Regan & Thayer, we have witnessed the devastating impact when long-term residents face immigration consequences for criminal matters that their attorneys did not properly address with immigration law in mind. The complex intersection of criminal and immigration law underscores the importance of seeking specialized legal counsel when facing criminal charges as a non-citizen, as it warrants close scrutiny.
The Immigration-Criminal Law Connection: Grounds for Deportability
Immigration law classifies certain offenses as grounds for removal, regardless of the length of time a person has resided in the United States. The Immigration and Nationality Act (INA) establishes several categories of crimes that can trigger deportation proceedings:
Crimes Involving Moral Turpitude (CIMT)
This broad category includes offenses that involve dishonesty, fraud, or behavior considered morally reprehensible. Even minor theft convictions can sometimes qualify as Class III misdemeanors.
Aggravated Felonies
Despite the name, some offenses classified as “aggravated felonies” under immigration law may not be considered either aggravated or felonies under state criminal codes. This category has expanded significantly over the years and now includes crimes such as theft offenses with a one-year sentence (even if suspended), certain drug offenses, and some violent crimes.
Controlled Substance Violations
Nearly any drug offense, including simple possession, can trigger deportation proceedings, with minimal exceptions.
Domestic Violence Crimes
Convictions related to domestic violence, stalking, child abuse, or violation of protective orders can render a non-citizen deportable.
Permanent Residents and the False Sense of Security
Green card holders (lawful permanent residents) often believe their status provides immunity from deportation. While they do enjoy greater legal protections than other non-citizens, permanent residents remain vulnerable to removal for criminal convictions. The permanent in “permanent resident” is unfortunately conditional on maintaining eligibility requirements, including avoiding certain criminal convictions.
Even more troubling, some long-term residents might have been eligible for citizenship for years but never applied. Had they naturalized, they would have been protected from deportation regardless of subsequent criminal matters. This underscores the importance of pursuing citizenship when eligible rather than remaining a permanent resident indefinitely.
Waivers and Relief Options for Long-Term Residents
Long-term residents do have some potential forms of relief available, though these have become increasingly restricted:
- Cancellation of Removal: Long-term permanent residents may qualify for cancellation of removal if they have resided continuously in the United States for seven years after being admitted in any status, have been permanent residents for at least five years, and have not been convicted of an aggravated felony. This discretionary relief requires demonstrating that positive equities outweigh negative factors.
- 212(h) Waiver: In certain circumstances, this waiver may be available for some crimes involving moral turpitude or controlled substance violations involving possession of 30 grams or less of marijuana. Long-term residents face additional restrictions on accessing this waiver.
- Legal Strategies Pre-Conviction: The most effective approach is preventative – working with criminal defense attorneys who understand immigration consequences before plea agreements or trial outcomes are finalized.
The Critical Importance of Specialized Legal Representation
Criminal defense attorneys without immigration expertise may inadvertently advise clients to accept plea deals that seem favorable in criminal court but trigger automatic deportation. The Supreme Court has established that criminal defense attorneys must advise non-citizen clients about the potential immigration consequences of entering a guilty plea.
Protecting Your Future in the United States
Long-term residents facing criminal charges should take immigration consequences as seriously as criminal penalties – deportation may be a harsher punishment than jail time. It is essential to secure legal representation familiar with both criminal defense and immigration law, or to ensure that your criminal attorney consults with immigration specialists. Never accept a plea agreement without understanding its immigration implications. Consider naturalization if eligible, as citizenship provides the only proper protection against deportation.
The consequences of criminal convictions for long-term residents can be severe and permanent. With strategic legal planning, however, many immigrants can resolve criminal matters while preserving their right to remain in the United States with their families and communities.
Contact Sayer, Regan & Thayer for more information on this topic.
Note: This article is for informational purposes only and does not constitute legal advice. Companies should consult with qualified legal counsel for specific guidance on regulatory compliance.