Background searches are an important component of the immigration process. Those applying for visas or green cards must undergo background checks. People hoping to become United States citizens also have to submit to a review of their criminal record.
In some cases, people facing state or federal charges may need to respond carefully. Many minor legal violations, such as traffic offenses, do not have immigration consequences. When does a crime potentially impact an individual’s immigration options?
Numerous crimes can affect immigration proceedings
Background checks during immigration proceedings help ensure that those allowed to enter or live in the United States are beneficial for the country, rather than a threat to others. If the United States Citizenship and Immigration Services (USCIS) uncovers significant criminal offenses when reviewing an individual’s history, those offenses could affect their eligibility for a visa or might even make an immigrant vulnerable to removal proceedings.
Many federal crimes, including violent offenses, can lead to immigration consequences. Drug crimes and offenses indicative of habitual drunkenness, such as repeated drunk driving violations, can also have immigration consequences.
The USCIS may also consider any offense that is a crime of moral turpitude as a reason to deny an immigrant a visa or other immigration opportunities. Crimes of moral turpitude are offenses that violate cultural sensibilities and standards. Thankfully, the USCIS doesn’t consider pending charges or acquittals but rather only convictions.
Both thorough criminal defense strategies and plea bargains can potentially help immigrants diminish the legal implications of state criminal charges. Reviewing pending charges with a criminal defense attorney can help immigrants avoid convictions that might undermine their immigration plans.