Immigration Services - Special Immigrant Juveniles

Criminal Services Attorney in California

Misdemeanors refer to certain misdemeanor offenses that can have implications for an individual's immigration status in the United States. While misdemeanors are generally less serious than felonies, they can still affect a person's immigration status and eligibility for various immigration benefits.

Here are some key points to understand about immigration misdemeanors:

1.- Crimes of Moral Turpitude: Many immigration misdemeanors fall under the category of "crimes of moral turpitude" (CIMT). These are offenses that involve dishonesty, fraud, or behavior considered contrary to accepted moral standards. CIMTs can have adverse consequences on an individual's immigration status, including deportation or inadmissibility.

2.- Aggravated Felony Definition: Some misdemeanor offenses, when classified as "aggravated felonies" under immigration law, can result in severe immigration consequences. An aggravated felony is a specific legal term used in immigration law, and it can include certain misdemeanor offenses such as theft or drug-related crimes.

3.- Inadmissibility and Deportability: Immigration misdemeanors can render individuals inadmissible to the United States or make them deportable if they are already in the country. This means they may be barred from entering or staying in the U.S., and they could face deportation proceedings.

4.- Consequences for Visa Holders: Misdemeanor convictions can impact non-U.S. citizens holding various visas, including student visas, work visas, or tourist visas. Depending on the severity of the offense, individuals may lose their visa status and be required to leave the country.

5.- DUI Offenses: Driving under the influence (DUI) is a common immigration misdemeanor. While a single DUI conviction may not necessarily result in deportation, multiple DUI offenses or a DUI with aggravating factors can have more serious consequences.

6.- Criminal Waivers: In some cases, individuals with immigration misdemeanors may be eligible for waivers or relief from deportation. However, the availability of such waivers depends on the specific circumstances of the case and the individual's immigration history.

7.- Legal Counsel: If you are facing criminal charges as an immigrant or have concerns about how a prior misdemeanor conviction may affect your immigration status, it is essential to consult with an experienced immigration attorney. They can provide guidance on your options, potential consequences, and whether any relief or waivers may be available to you.

It's crucial for immigrants to be aware of the potential immigration consequences of misdemeanor convictions and to seek legal advice when dealing with criminal charges. Immigration laws and policies can be complex and subject to change, so consulting with an attorney who specializes in immigration matters is the best way to navigate these issues effectively.