Criminal convictions may have permanent immigration consequences if they are not handled properly. Non-citizens may face exclusion from the United States, deportation, denial or delay of naturalization as a result of a conviction.
Under the Immigration and Nationality Act, the following criminal convictions may lead to a deportation:
Crimes of moral turpitude- crimes that are morally debased or involve dishonesty such as theft, fraud, perjury, and embezzlement.
Aggravated felonies- As defined under I.N.A. § 101(a)(43), the list includes the crime of murder, rape, and illicit trafficking of a controlled substance or firearms.
Drug related crimes- Any conviction relating to a controlled substance, even simple possession, triggers deportation. The only drug related conviction in Washington that does not trigger deportation is a single simple possession of 30 grams or less of marijuana for personal use.
Other crimes specified by law- Domestic violence and firearms related charges may also trigger deportation.
With nonimmigrant visas, renewal may be denied as a result of a DUI conviction in addition to the deportable crimes listed above.
Defendants on a Deferred Action for Child Arrivals face even stricter standards and may have their renewal barred from a deferred finding on a DUI.
At TW Law, we can give advice on immigration consequences. We can also refer or work with an existing immigration counsel you may have.