Naturalization

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Immigration Case Review

August 25, 2010

If You Get Criminal Charges as an Immigrant

Getting criminal charges in the first place is never easy or fun. But being charged with a  crime as an immigrant can put your stay in the United States in jeopardy. This blog guide explains what you need to know about the contract you make with the U.S. government, how the type of crime can change your stay here, if you should plead guilty, how to move on, and how an immigration lawyer can help.

The Contract

The problem inherent in committing a crime as an immigrant is what you did to legally stay here. You promised the U.S. government that you would abide by the rules everyone else is supposed to follow. True, citizens break the law, but they are are prosecuted. As an immigrant, by breaking the law you risk deportation. If you are a citizen, you cannot be deported, only punished in other ways. The point here is that you should avoid at all costs breaking any laws while you lack citizenship. You are better protected if you make a mistake as a citizen.

The Crime
What happens when an immigrant breaks laws is many two major points are factored in: the type of the crime and the penalties involved. In the U.S., you can be charged with an infraction, a misdemeanor, or a felony. Infractions are very common, such as getting a speeding ticket; this rarely affects your immigrant status. Misdemeanors are much more serious, including DUI (driving under the influence of alcohol or drugs) and assault. If you commit a misdemeanor, you may face jail time, and that will affect your immigration status. Felonies are the most serious, where you are to spend a minimum years time in a county or state prison. If you get a felony, your immigration status is in jeopardy and you need an experienced lawyer.

What should you do after a crime?

Your immigration status is based on the time served in prison. The more time you spend in jail, the greater the chances this will affect you. You face deportation if you spend a lot of time in prison.

How can you move on?
Just getting a criminal charge does not mean you will always spend time in jail or prison, nor does it mean you’ll always be deported. The important thing to do is keep your immigration status protected. That means staying within the laws .The more penalties you get, the worse your situation. The best way to move on is to hire an experienced lawyer.

Who can help?

You may need a criminal law lawyer too, but you should be consulting with an immigration lawyer as well, especially if you’ve been charged with a serious crime. Defending yourself is close to impossible, and knowing how the crimes will affect your status is very complex. If you’re unsure, it’s time to call some legal help.