Protecting Your Immigration Status When Criminal Charges Threaten Your Future
At Khashmati Law, P.C., we understand how terrifying it is to face criminal charges while also navigating the U.S. immigration system. Whether you’re a green card holder, visa holder, or undocumented immigrant, a criminal arrest or conviction can put your entire immigration status at risk.
You could be found inadmissible, lose eligibility for naturalization, be denied a green card renewal, or face detention and removal proceedings. The consequences are serious—but you don’t have to face them alone.
How Criminal Charges Affect Immigration
U.S. immigration law treats individuals differently depending on whether they are:
- Lawfully admitted (e.g., green card holders or visa holders)
- Applying for admission to the U.S.
- Undocumented or out of status
If you are already in the U.S. with legal status, certain criminal offenses may lead to deportation. If you’re seeking to enter or adjust your status, criminal conduct—even without a conviction—can render you inadmissible. Family members who rely on your immigration status may also be affected.
Don’t Plead Guilty Without Immigration Advice
Many people plead guilty to receive probation or reduce a sentence—without realizing the devastating impact it can have on their immigration status. Certain pleas can make you permanently inadmissible, deportable, or ineligible for relief. Before entering a plea in any criminal case, it is critical to speak with an experienced immigration attorney.
At Khashmati Law, P.C., we work in coordination with criminal defense attorneys to assess immigration risks, protect your legal options, and fight to preserve your right to remain in the United States.
“Good Moral Character” and Immigration Relief
Many immigration benefits—including citizenship through naturalization and cancellation of removal—require proof of good moral character. Criminal conduct, even in the absence of a conviction, may prevent you from meeting this standard. We can help you understand what’s at stake and whether any waivers or forms of relief apply to your case.
Criminal Charges That Can Trigger Immigration Consequences
Aggravated Felonies
Defined under INA §101(a)(43), these offenses carry the most serious immigration penalties—including mandatory detention and deportation. This category includes:
- Murder, rape, or sexual abuse of a minor
- Drug trafficking and firearm trafficking
- Fraud, tax evasion, or money laundering
- Crimes of violence or theft with a sentence of one year or more
- Alien smuggling, child pornography, and racketeering
- Forgery, perjury, bribery, and obstruction of justice
- Treason or disclosing classified information
- Attempt or conspiracy to commit any of the above
Note: Some misdemeanors are considered aggravated felonies under immigration law.
Crimes Involving Moral Turpitude (CIMTs)
Although not explicitly defined in the INA, these crimes typically involve fraud, dishonesty, or harmful intent, such as:
- Theft
- Assault with intent to cause harm
- Fraud and misrepresentation
- Domestic violence offenses
Convictions for CIMTs can lead to inadmissibility, deportability, or loss of immigration benefits.
Inadmissibility vs. Deportability: Key Differences
Inadmissibility Grounds May Include:
- Crimes of moral turpitude
- Multiple convictions
- Certain drug offenses
- Prostitution
- Human trafficking
- Money laundering
Deportable Offenses May Include:
- Aggravated felonies
- Crimes of moral turpitude
- Controlled substance violations (beyond simple marijuana possession)
- Firearm offenses
- Domestic violence or protective order violations
- High-speed flight from an immigration checkpoint
- Failing to register as a sex offender
Victims of trafficking with U visas may qualify for waivers if their offenses were directly connected to their exploitation.
Legal Support for Immigration and Criminal Defense
At Khashmati Law, P.C., we provide trusted immigration counsel to individuals and families affected by criminal charges. We can:
- Review how your criminal record impacts your immigration status
- Advise before you enter a plea
- Represent you in removal defense and bond hearings
- Pursue waivers and immigration relief where available
Your Future Matters—We’re Here to Defend It
If you or a loved one has been arrested or charged with a crime in New York or anywhere in the U.S., and you’re concerned about the immigration consequences, contact Khashmati Law, P.C. today at 516-717-4757 or schedule a consultation online.
We’ll give you honest guidance, assess your options, and stand with you throughout the legal process. Immigration is personal to us—and we’ll fight to protect what matters most to you.