Chicago Criminal Lawyer Blog
Understanding the Immigration Consequences of a Criminal Case in Illinois
As a criminal defense attorney practicing in Illinois, I have witnessed firsthand how a criminal case can have devastating immigration consequences for non-citizens. This is especially true in today’s world. Anyonne watching the news knows what I am talking about. Many clients facing criminal charges do not initially realize that their immigration status could be at risk. However, even minor offenses can lead to deportation, inadmissibility, or denial of naturalization.
I am not an Immigration attorney, but I run into criminal cases involving non-citizens regularly, and when I spot an Immigration issue in a case, I will explain the issue to the client and ask them to seek the advice and services if an Immigration attorney, who would be more familiar with the day-to-day changes in Immigration policies, laws, rules, and practices in the Immigration process. I will then work with the Immigration lawyer to address the Immigration issues in the criminal case.
This article will explore the potential immigration consequences of a criminal case and the importance of hiring an experienced criminal defense attorney who understands the intersection of criminal and immigration law.
How Criminal Charges Can Impact Immigration Status
The United States immigration system classifies non-citizens into several categories, including lawful permanent residents (green card holders), visa holders, asylum seekers, and undocumented individuals. Each of these categories has different vulnerabilities when it comes to criminal convictions. Understanding how a criminal charge may impact a non-citizen’s immigration status is crucial to crafting an effective defense strategy.
1. Deportable Offenses
Certain criminal convictions can make a non-citizen deportable. Deportable offenses are outlined in the Immigration and Nationality Act (INA) and include:
- Crimes of Moral Turpitude (CIMTs): These offenses generally involve dishonesty, fraud, or harm to others. Examples include theft, fraud, domestic violence, and aggravated assault. A non-citizen may be deportable if convicted of one CIMT within five years of admission or two CIMTs at any time.
- Aggravated Felonies: While the term “aggravated felony” sounds severe, it covers a broad range of crimes, including drug trafficking, firearm offenses, and certain violent crimes. A conviction for an aggravated felony almost always results in removal.
- Controlled Substance Offenses: Any drug-related conviction, even for minor possession, can lead to deportation or render a non-citizen inadmissible.
- Domestic Violence and Protective Order Violations: Convictions for domestic battery, stalking, or violating an order of protection can make a non-citizen deportable.
- Firearm Offenses: Any offense related to illegal possession or use of a firearm may result in removal proceedings.
2. Inadmissibility and Bars to Re-Entry
Some criminal convictions do not necessarily result in deportation but may prevent a non-citizen from re-entering the U.S. after traveling abroad or from adjusting their immigration status. The primary grounds for inadmissibility include:
- Convictions for CIMTs
- Multiple criminal convictions with a combined sentence of five years or more
- Drug-related offenses, including simple possession
- Prostitution-related crimes
- Human trafficking and smuggling convictions
Non-citizens deemed inadmissible may be denied a visa, green card, or re-entry into the U.S. without obtaining a special waiver.
3. Impact on Naturalization and Immigration Benefits
Even if a criminal conviction does not result in immediate deportation or inadmissibility, it may still impact a non-citizen’s ability to apply for U.S. citizenship. To become a naturalized citizen, an applicant must demonstrate “good moral character” for at least five years before applying. Certain criminal convictions, such as drug offenses, fraud, or repeated DUI convictions, can lead to a finding that the applicant lacks good moral character, delaying or preventing naturalization.
Additionally, criminal convictions can result in the loss of Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), or asylum status. A single misdemeanor may be enough to disqualify an applicant from these programs.
The Importance of a Criminal Defense Attorney with Immigration Knowledge
Given the severe immigration consequences of a criminal conviction, non-citizen defendants need legal representation that takes their immigration status into account. Many criminal defense attorneys do not fully understand immigration law, leading to plea deals that seem favorable on the surface but have devastating immigration consequences.
An experienced criminal defense attorney should:
- Analyze the immigration consequences of every charge: Before advising a client to accept a plea deal, a defense attorney should determine whether the conviction would lead to deportation, inadmissibility, or other immigration consequences.
- Negotiate alternative pleas: In many cases, an attorney can negotiate a plea to a lesser charge that does not trigger immigration consequences. For example, a plea to reckless driving instead of a DUI may be more favorable for a non-citizen.
- Seek post-conviction relief: If a client has already been convicted of a deportable offense, an attorney may be able to file a motion to vacate the conviction or modify the sentence to avoid immigration consequences.
- Work with an immigration attorney: Collaboration with an immigration lawyer ensures that the defense strategy aligns with the client’s long-term immigration goals.
Defenses Against Criminal Charges to Protect Immigration Status
When defending a non-citizen in a criminal case, an attorney must consider legal defenses that not only aim for acquittal but also protect against immigration consequences. Common defense strategies include:
- Challenging the evidence: If the prosecution’s evidence is weak or obtained unlawfully, a motion to suppress evidence may result in a case dismissal.
- Arguing lack of intent: Many crimes require specific intent. If intent cannot be proven beyond a reasonable doubt, the charges may be reduced or dismissed.
- Negotiating lesser charges: Some offenses carry fewer immigration consequences. A skilled attorney can work to amend charges to a non-deportable offense.
- Plea bargaining for a non-criminal disposition: In some cases, deferred prosecution, court supervision, or expungement options may allow a defendant to avoid a criminal conviction altogether.
What Non-Citizens Should Do If They Are Arrested
If you are a non-citizen and have been arrested or charged with a crime in Illinois, take these steps to protect your rights and your immigration status:
- Remain silent: Do not answer any questions from law enforcement without an attorney present.
- Do not admit guilt: Even minor admissions can have serious immigration consequences.
- Contact an experienced criminal defense attorney: Work with a lawyer who understands immigration law and can develop a defense strategy that protects your immigration status.
- Avoid pleading guilty without legal advice: A plea deal may seem like a quick resolution, but it could lead to deportation or inadmissibility.
- Inform your attorney about your immigration status: This information is crucial for crafting the best legal strategy.
Conclusion
A criminal conviction can have life-altering consequences for non-citizens, making it essential to have strong legal representation. If you or a loved one is facing criminal charges in Illinois and you are concerned about the immigration consequences, contact an experienced criminal defense attorney immediately. At James Dimeas Law, we are dedicated to protecting our clients’ rights and securing their future in the United States. With a deep understanding of both criminal and immigration law, we work tirelessly to achieve the best possible outcome for our clients. Don’t let a criminal charge jeopardize your immigration status—call us today for a consultation.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 years of experience handling criminal cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
If you need a criminal defense attorney in Kane County, Chicago, Cook County, DuPage County, or Lake County, you can contact James Dimeas anytime for a free and confidential consultation. You can talk to James Dimeas personally by calling him at 847-807-7405.
Additional Blogs: