How a Criminal Conviction Can Affect Your Immigration Status in Nashville

A criminal conviction can have serious implications for anyone, but for non-citizens in Nashville, the consequences can be even more severe, potentially impacting their immigration status. Understanding how a criminal conviction can affect your ability to stay in the United States is crucial if you or a loved one is facing charges. Here’s what you need to know about the intersection of criminal law and immigration status.

Types of Criminal Convictions and Their Impact

Crimes Involving Moral Turpitude (CIMT): CIMTs are offenses that involve deceit, fraud, or actions that shock the public conscience. Examples include theft, fraud, and certain violent crimes. A conviction for a CIMT can lead to deportation, denial of entry, or denial of naturalization.
Aggravated Felonies: These are serious crimes that have particularly harsh immigration consequences. Examples include murder, rape, drug trafficking, and firearms offenses. A conviction for an aggravated felony almost always results in deportation and permanent inadmissibility to the U.S.
Controlled Substance Offenses: Convictions for drug-related offenses can result in deportation, denial of naturalization, and inadmissibility. Even minor drug charges can have significant immigration consequences.
Domestic Violence: Convictions related to domestic violence, stalking, child abuse, or violation of a protective order can lead to deportation.
Multiple Convictions: Having multiple criminal convictions, even for less serious offenses, can cumulatively lead to deportation or denial of immigration benefits.

Immediate Consequences of a Criminal Conviction

Deportation (Removal): Certain criminal convictions make non-citizens deportable. This means they can be removed from the U.S. and barred from returning.
Inadmissibility: A conviction can render a non-citizen inadmissible, preventing them from entering the U.S. or adjusting their immigration status.
Loss of Status: Lawful permanent residents (green card holders) can lose their status and be deported if convicted of a deportable offense.
Denial of Naturalization: Criminal convictions can bar a non-citizen from becoming a naturalized U.S. citizen.

Defensive Strategies in Criminal and Immigration Court

Plea Bargains: Negotiating plea deals to lesser offenses that do not carry immigration consequences can be a viable strategy. It’s crucial to work with an attorney who understands both criminal and immigration law.
Post-Conviction Relief: Seeking to vacate a conviction on legal grounds can sometimes mitigate immigration consequences. This is often a complex process requiring skilled legal representation.
Cancellation of Removal: In certain cases, non-citizens may be eligible for cancellation of removal if they meet specific criteria, such as continuous presence in the U.S. and demonstrating that removal would cause exceptional hardship to family members who are U.S. citizens or lawful permanent residents.
Waivers: Certain convictions can be waived for immigration purposes. Eligibility for waivers depends on the type of conviction and the individual’s circumstances.

Importance of Legal Representation

Navigating the complexities of criminal and immigration law requires specialized knowledge and experience. It’s essential to consult with an attorney who understands the interplay between these two areas of law and can provide the best possible defense.

Conclusion

A criminal conviction in Nashville can have dire consequences for your immigration status, potentially leading to deportation, inadmissibility, and other severe outcomes. If you are facing criminal charges, it is critical to seek guidance from an experienced criminal defense attorney who can help you understand your options and work towards the best possible outcome for your case. For expert legal assistance and advice on managing the intersection of criminal and immigration law, contact a reputable criminal defense attorney today.