Imagine this: You've built a life in Texas, far from your country of origin. Your days are filled with work, family, and dreams of a brighter future. Then, in an instant, everything changes. A mistake, a misunderstanding, or a moment of poor judgment leads to an arrest.
Suddenly, you're not just facing the immediate consequences of a criminal charge – you're worried about the life you've built and your very right to remain in the country you now call home. At the Law Office of Shane Phelps, we understand the fear and uncertainty of facing criminal charges as an immigrant.
We've seen the worry in our clients' eyes and heard the tremor in their voices as they ask, "Can a criminal conviction affect my immigration status?" The truth is, a conviction can have far-reaching consequences on your immigration status, but you're not alone in navigating this complex intersection of criminal and immigration law.
The experienced Texas criminal defense attorneys from Shane Phelps Law understand the types of crimes that can impact your status, the potential consequences you might face, and most importantly, how you can protect your rights and your future in the United States.
Understanding the Basics: Criminal Convictions and Immigration Status
Before we dive into the specifics, you should know that U.S. immigration law takes criminal convictions very seriously. Even if you're a lawful permanent resident (green card holder), certain criminal convictions can make you deportable or inadmissible, meaning you could be removed from the country or barred from re-entering if you leave.
Key Terms to Know
- Deportability: Grounds on which a non-citizen can be removed from the United States, even if they are a lawful permanent resident.
- Inadmissibility: Grounds on which a non-citizen can be denied entry into the United States or denied a green card.
- Aggravated Felony: A term specific to immigration law that includes some felonies, some misdemeanors, and even some offenses that may not be crimes under state law.
- Crimes Involving Moral Turpitude (CIMT): Offenses that are considered contrary to community standards of justice, honesty, or good morals.
Types of Crimes That Can Affect Immigration Status
Not all criminal convictions will impact your immigration status, but many can. Here are some categories of crimes that are particularly problematic:
Aggravated Felonies
In immigration law, an aggravated felony includes many offenses, some of which might surprise you.
These include:
- Murder
- Drug trafficking
- Firearms trafficking
- Sexual abuse of a minor
- Child pornography
- Theft or burglary with a sentence of at least one year
- Fraud or tax evasion involving more than $10,000
- Certain crimes of violence with a sentence of at least one year
As we mentioned above, in Texas, some offenses classified as misdemeanors under state law can be considered aggravated felonies for immigration purposes. For example, a misdemeanor theft conviction with a one-year suspended sentence could be deemed an aggravated felony in immigration court.
Crimes Involving Moral Turpitude (CIMT)
CIMTs are offenses that are considered inherently base, vile, or depraved. These can include:
- Theft crimes
- Fraud crimes
- Crimes involving intent to harm persons or things
In Texas, common CIMTs include:
- Theft (even shoplifting)
- Assault with intent to cause bodily injury
- Forgery
- Insurance fraud
The impact of a CIMT on your immigration status can depend on factors such as when the crime was committed, how long after your admission to the U.S. it occurred, and whether you have multiple CIMT convictions.
Drug Offenses
Drug crimes are treated particularly harshly under immigration law. Even minor drug possession offenses can have severe immigration consequences. In Texas, where drug laws are notably strict, this is especially concerning for immigrants.
Some key points about drug offenses:
- Any controlled substance offense, except for simple possession of 30 grams or less of marijuana, can make you deportable.
- Drug trafficking is considered an aggravated felony.
- Even if you're not convicted, admitting to drug use can make you inadmissible or deportable.
Domestic Violence Offenses
Crimes of domestic violence, stalking, child abuse, child neglect, or child abandonment can make a non-citizen deportable. In Texas, these offenses are taken very seriously, and convictions can have immediate immigration consequences.
Firearms Offenses
Any conviction for purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying any weapon, part, or accessory that is a firearm or destructive device in violation of any law can make a non-citizen deportable.
The Consequences: What Can Happen?
The immigration consequences of a criminal conviction can be severe and long-lasting.
Depending on your immigration status and the nature of the conviction, you could face:
- Deportation: You could be removed from the United States and sent back to your country of origin.
- Inadmissibility: The U.S. could bar you from re-entering if you leave, or from adjusting your status to become a lawful permanent resident.
- Ineligibility for Relief: Certain convictions can make you ineligible for forms of immigration relief like asylum, cancellation of removal, or adjustment of status.
- Mandatory Detention: Some convictions trigger mandatory detention by immigration authorities, meaning you could be held in custody during your immigration proceedings.
- Loss of Naturalization Eligibility: Criminal convictions can affect your eligibility for U.S. citizenship, either by making you ineligible or by showing a lack of good moral character.
Texas Laws and Immigration: Special Considerations
Texas has some of the strictest criminal laws in the nation, which can create additional challenges for immigrants facing criminal charges.
Here are some Texas-specific issues to know:
- DWI/DUI Offenses: In Texas, driving while intoxicated (DWI) is taken very seriously. While a single DWI offense may not automatically trigger deportation, multiple offenses or aggravating factors can lead to severe immigration consequences. Additionally, a DWI conviction can be considered evidence of poor moral character, potentially affecting naturalization applications.
- Marijuana Possession: While some states have legalized marijuana, it remains illegal in Texas. Even small amounts of marijuana possession can lead to criminal charges. For immigrants, any drug conviction (except for simple possession of 30 grams or less of marijuana) can have serious immigration consequences.
- Deferred Adjudication: Texas law allows for deferred adjudication in some cases, where a defendant pleads guilty, but the judge "defers" finding the defendant guilty while they complete probation. While this can be beneficial in criminal court, it's often still considered a conviction for immigration purposes.
- Sentence Enhancements: Texas law includes various sentence enhancements that can turn misdemeanors into felonies or increase penalties for repeat offenders. These enhancements can push an offense into the aggravated felony category for immigration purposes.
Protecting Your Rights and Your Future
If you're an immigrant facing criminal charges in Texas, it's crucial to take immediate action to protect your rights and your future in the United States. Here are some steps you should consider:
Seek Legal Representation Immediately
The moment you're arrested or charged with a crime, contact an experienced criminal defense attorney who also understands immigration law. At the Law Office of Shane Phelps, we have extensive experience in both areas and can provide the comprehensive representation you need.
Don't Plead Guilty Without Understanding the Consequences
Many criminal cases are resolved through plea bargains, but for immigrants, pleading guilty can have severe and unexpected consequences. Never accept a plea deal without first consulting with an attorney who understands both criminal and immigration law.
Explore All Available Defenses
Your attorney should explore every possible defense strategy, not just to fight the criminal charges, but also to minimize potential immigration consequences. This might include challenging the evidence, negotiating for charges that have less severe immigration consequences, or pursuing alternative sentencing options.
Consider Post-Conviction Relief
If you've already been convicted of a crime, there may still be options available. Post-conviction relief, such as appeals, writs of habeas corpus, or motions to vacate a conviction, can sometimes help mitigate immigration consequences.
Speak Honestly With Your Attorney
Provide your attorney with all the details of your immigration status and history so they can create the best defense strategy and accurately assess potential immigration consequences. Immigration law and policy can change rapidly. A skillful criminal defense lawyer will stay informed about these changes and how they might affect your case.
There's Hope, and We're Here to Help
Facing criminal charges as an immigrant in Texas is undoubtedly challenging, but it's important to remember that you have rights and options. With the right legal representation, it's possible to fight your charges, protect your immigration status, and preserve the life you've built in the United States.
At the Law Office of Shane Phelps, we're committed to standing by your side throughout this difficult journey. We believe in second chances and in the power of expert legal representation to make a difference in people's lives.
If you or a loved one is an immigrant facing criminal charges in Texas, don't wait. Contact the Law Office of Shane Phelps today for a confidential consultation. Let us put our expertise to work for you, fighting to protect your rights, freedom, and future in America.
Remember, a criminal charge doesn't have to mean the end of your American dream. With the right help, you can overcome this challenge and move forward towards a brighter future. We're here to help you do just that. Call our Bryan, TX office at (979) 775-4100 or contact us online. Our legal team is available 24/7.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
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