Criminal Immigration Consequences Attorneys in New York

How Criminal Offenses Impact Immigration Status

When you are arrested or convicted of a crime, federal law automatically places the offense into specific categories that trigger serious consequences for your legal status. 

Depending on the charge, a conviction can lead to three major outcomes:

1. Deportation Proceedings – The government can start immediate court action to remove you from the United States.
2. Mandatory Detention – You can be held in immigration custody without the option to pay bail or post bond while your case is processed.
3. Permanent Inadmissibility – You can be barred forever from getting a green card, re-entering the country, or becoming a U.S. citizen.

Aggravated Felonies

Despite the name, an “aggravated felony” under immigration law does not always match state felony definitions. It includes a wide array of state and federal offenses, such as theft, which carries a one-year sentence, drug trafficking, and certain firearms charges. 

An aggravated felony conviction carries the harshest consequences in immigration court, including a near-total loss of eligibility for discretionary relief (such as cancellation of removal and asylum), mandatory detention by ICE during proceedings, or permanent bar from returning to the United States.

Crimes Involving Moral Turpitude (CIMT)

A CIMT generally involves conduct that violates accepted community standards of honesty, justice, or good morals, such as fraud, theft, domestic violence, or assault with intent to cause harm.

• One CIMT – Can render you deportable if committed within five years of admission, with a potential sentence of one year or more.
• Two or More CIMTs – Renders a noncitizen deportable regardless of when committed, as long as they arise from separate criminal schemes.

Controlled Substance Violations

Federal law is exceptionally strict regarding drug offenses. A conviction or formal admission under any state or federal controlled-substance law makes a noncitizen deportable and inadmissible. The single narrow exception applies to a single offense of simple possession of 30 grams or less of marijuana.