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How the Criminal Charges Against You Can Affect Immigration?

Handley LLC Nov. 25, 2020

If they get convicted for a felony, immigrants who undergo the legal naturalization process in the U.S. face harsh repercussions. Although you might still be in the US, it will no longer be considered legitimate or applicable to your application for citizenship. Basically, you're likely to get deported if you get convicted because you're still undocumented.

Therefore, finding the advice and representation of an experienced criminal defence attorney in OKC is the safest course of action to take if you get arrested. Your attorney will encourage you to explore other more favourable results that might even cause you to fully evade a conviction. Awareness is control, as they say, so here's some valuable information about arrest effects on your application of immigration.

Arrest vs. Conviction

The distinction between the arrest and the conviction is important to know first. For immigrants and residents alike, the meaning of both terms is the same. An arrest means you have been arrested on suspicion of having committed a certain crime. However, based on probable cause, you are arrested and still not found at fault. Whereas a conviction means that the state has been able to show that you're guilty beyond reasonable doubt.

When Is Arrest Important?

One of the most significant factors that U.S. immigration law takes into account when deciding on a case is good moral character. Your arrest record is another factor that U.S. immigration authorities will look at. This will be taken as part of your character evaluation if it is revealed that you have a history of substance addiction or drug trafficking. Therefore in order for the U.S. government to reject your application for citizenship, it is not mandatory for you to have a conviction.

The Previous Arrests

It's critical that you report any arrests or convictions or detentions or citations you've gone through before your application as you experience the naturalization process. It is also in your best interest to report whether you have been involved in illegal activity regardless of whether you have been convicted of those activities or not.

If You Are Facing Charges, Find an Immigration Attorney.

Not working with an immigration attorney before taking a guilty plea is the greatest mistake that people sometimes make. In certain situations, avoiding prison time or having the shortest sentence possible or potentially avoiding fines might be the best choice for a person on the criminal side.

However, from an immigration perspective, this same choice might not be the right decision. In order to escape immigration repercussions, it is often easier to embrace the broader prison term or more serious consequences in the criminal domain. The immigration effects of a criminal crime can most frequently be much more extreme than the criminal consequences.

If you are someone other than a citizen of the United States, and this also includes legal permanent residents, you can certainly explore with both an immigration attorney and a criminal defence attorney the possible immigration implications of a criminal charge. More and more criminal lawyers are accepting their obligation to warn individuals about immigration implications, but it was a common problem in the past. People would actually get no notice from their criminal lawyers whatsoever or inadequate or even wrong guidance on the immigration implications of a certain offence, and would later come to find out that the arrest had a much greater effect on immigration.

See us here at Handley Law Center for criminal defence attorney we have your back. For other legal aid in OKC and surrounding areas including personal injury, wrongful death, divorce and family law contact us.

** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.