Understanding the Impact of Criminal Charges on Your Immigration Status in Louisiana

For non-citizens residing in Louisiana, the changes in immigration law can feel overwhelming. Adding a criminal charge to the mix can create significant uncertainty and potentially devastating consequences for your ability to remain in the United States.

At The Jones Law Partners, we understand the serious implications that criminal charges can have on your immigration status. With years of experience serving the Louisiana community, our dedicated team of immigration attorneys is committed to providing clear guidance to help you navigate these challenging situations.

The United States Citizenship and Immigration Services (USCIS) closely examines the criminal history of individuals applying for or holding immigration benefits. Certain criminal convictions can trigger a range of negative consequences, from denial of applications to deportation proceedings. It’s important to know that even seemingly minor offenses can have significant repercussions under federal immigration law, which often differs from Louisiana state law.

Immigration law categorizes certain crimes as “inadmissible” or “deportable” offenses. Inadmissibility means you can be denied entry into the United States or denied an adjustment of status (becoming a lawful permanent resident). Deportability means you can be removed from the United States even if you are already a lawful permanent resident or have another form of immigration status.

Understanding the differences between these categories is paramount to maintaining your residency in the United States. For instance, a conviction that might result in a relatively light sentence under Louisiana law could be classified as an aggravated felony under federal immigration law. This is where the guidance of experienced immigration law attorneys becomes invaluable in assessing the potential immigration impact of a criminal charge.

While not a complete list, here are some broad categories of crimes that can significantly impact your immigration status in Louisiana:

• Crimes Involving Moral Turpitude (CIMT): This is a broad category encompassing corrupt conduct that could be considered inherently vile or depraved, contrary to the accepted rules of morality and the duties owed to society in general. Examples can include theft, fraud, assault with intent to harm, and certain drug offenses. Immigration officials often look at the specific facts and circumstances surrounding the conviction to determine if it qualifies as a CIMT. Even a single CIMT conviction can lead to inadmissibility or deportability.
• Aggravated Felonies: This term has a very specific and often counterintuitive definition under immigration law. It includes a wide range of offenses, not just violent felonies. Examples include certain drug trafficking offenses, theft offenses with a sentence of at least one year, and crimes of violence with a sentence of at least one year. A conviction for an aggravated felony carries particularly severe immigration consequences, often leading to mandatory detention and deportation with limited avenues for relief.
• Drug Offenses: Federal immigration law takes a strict stance on drug-related offenses. Convictions for drug trafficking, possession with intent to distribute, and even simple possession of certain controlled substances can lead to serious immigration consequences. There are limited exceptions and waivers available, making it essential to have knowledgeable representation to explore all possible options.
• Domestic Violence: Convictions for domestic violence, stalking, and child abuse can have severe immigration consequences. These offenses often trigger mandatory deportation proceedings and can make it extremely difficult to obtain future immigration benefits.

Firearms Offenses: Certain convictions involving firearms can also lead to inadmissibility and deportability under immigration law. The specific nature of the offense and the sentence imposed will be key factors in determining the immigration consequences.

The specific immigration consequences of a criminal conviction can vary depending on several factors, including:

• The type and severity of the crime: As mentioned earlier, certain categories of crimes carry more severe immigration penalties.
• Your current immigration status: Lawful permanent residents, visa holders, and undocumented individuals may face different procedures and potential outcomes.
• Your immigration history: Prior immigration violations or criminal history can exacerbate the consequences.
• Whether you are in removal proceedings: If you are already in deportation proceedings, a criminal conviction can significantly complicate your case and make it more difficult to remain in the U.S.

Potential consequences can include:

• Denial of entry into the United States.
• Denial of applications for immigration benefits (e.g., green card, citizenship).
• Placement in deportation (removal) proceedings.
• Detention by immigration authorities.
• Loss of existing immigration status.
• Inability to return to the United States in the future.

Navigating these potential outcomes requires a deep understanding of both criminal and immigration law. The Jones Law Partners can provide you with a comprehensive assessment of the potential immigration consequences of your criminal charges in Louisiana and work tirelessly to mitigate those risks.

Even if you have a criminal conviction, there may be avenues for relief or defenses available in immigration court. These can be complicated and dependent on your specific circumstances, which requires a thorough understanding of immigration law and procedure. Some potential options might include:

• Waivers: In certain circumstances, individuals may be eligible for waivers that excuse certain criminal grounds of inadmissibility or deportability. Eligibility for waivers varies depending on the specific crime, your immigration history, and your ties to the United States.
• Cancellation of Removal: Long-term lawful permanent residents or certain non-permanent residents facing deportation may be eligible for cancellation of removal, which allows them to remain in the United States despite a criminal conviction. There are strict eligibility requirements for this form of relief.
• Asylum or other forms of humanitarian relief: In some cases, individuals fleeing persecution in their home country may be eligible for asylum, withholding of removal, or protection under the Convention Against Torture,1 even if they have a criminal history.   

Successfully pursuing these forms of relief requires meticulous preparation, a strong understanding of immigration law, and effective advocacy in immigration court. Having experienced legal representation, such as The Jones Law Partners, can significantly increase your chances of a favorable outcome.

Your immigration status is a significant aspect of your life in Louisiana. Protecting it requires proactive steps and informed legal guidance. Contact The Jones Law Partners today for a consultation to understand how we can help you navigate the complexities of criminal charges and their impact on your immigration future. Our immigration attorneys are here to provide the support and representation you need during this challenging time.