Legal immigration is a complex and lengthy process. Individuals have to submit appropriate paperwork to the United States Citizenship and Immigration Services (USCIS). They have to undergo background checks and a review of their medical records to ensure they meet immigration standards.
They also have to comply with immigration rules and local laws while residing in the United States. Immigrants can sometimes make mistakes that lead to their criminal prosecution. They might get pulled over for having one too many drinks before driving home or get arrested due to a loud argument that draws the attention of neighbors.
Some types of criminal charges can impact an immigrant’s rights. When can criminal activity potentially affect an immigrant’s status in the United States?
Good moral character
One of the most basic requirements for immigration is demonstrating good moral character. The USCIS establishes good moral character by performing criminal background checks. Certain types of crimes while in the United States could leave someone at risk of removal or of becoming ineligible to renew a visa. They may also become ineligible for naturalization or a green card. Crimes of moral turpitude that raise questions about an individual’s character can impact an immigrant’s opportunities.
Lengthy incarceration
Even minor offenses sometimes carry alarming penalties. The USCIS considers long-term incarceration a valid reason to deny an individual immigration opportunities. Anyone who spends at least $180 days in state custody could be at risk of removal from the United States. Regardless of time served, a lengthy prison sentence imposed by the courts could also affect immigration opportunities. Aggregate sentences of five years or more can result in immigration consequences.
Substance abuse concerns
USCIS immigration standards very clearly exclude those with substance abuse disorders. Therefore, most criminal charges related to drug use or distribution can make people ineligible for immigration opportunities. In fact, even repeated drunk driving convictions can be enough to warrant someone’s removal from the United States. The substance can be legal and still endanger an immigrant’s opportunities.
Understanding domestic laws and avoiding criminal convictions can help immigrants protect their right to remain in the United States. Immigrants who understand what charges are particularly dangerous can avoid scenarios where a single mistake could result in their removal from the country.