The Impact of Criminal Convictions on Deportation Cases in NY

If you are a non-citizen residing in the United States and have been convicted of a crime in New York, your conviction might probably affect your immigration status. This might result in a deportation or removal order and make you ineligible for an immigration status upgrade. Therefore, it is best to learn about the impacts of any criminal conviction on deportation cases in NY. 

While it may seem hopeless to be arrested by ICE or get a deportation or removal order, several legal defenses may be used to fight an upcoming deportation. Understanding the strategies for preventing deportation following a criminal conviction will help you take charge of the issue and improve your chances of a successful ending if you find yourself in a similar circumstance. It is best to contact a New York immigration attorney who can assist you if you believe a conviction would result in your deportation.

Criminal Charges Affecting Immigration

While many criminal and even non-criminal charges may have an impact on immigration, the most serious and likely to have an effect on immigration and deportation cases in NY are those involving actions classified as crime, moral turpitude, or aggravated felonies. 

Because it can refer to a variety of offenses, including both felonies and misdemeanors, depending on the specific circumstances, the word “aggravated felony” is exclusive to immigration law. It does not always correspond to “violent felonies” as defined by the New York Penal Law or “aggravated felonies” as determined by a specific state.

The following are some of the most evident and frequent categories of crimes that will be included in these categories: 

  • Murder
  • Trafficking drugs
  • Illegal trafficking in explosives or guns
  • Primary battery
  • Submitting false tax returns
  • Theft, and
  • Not showing up for court when called.

The idea and classification of charges that qualify as “crimes of moral turpitude” are likewise exclusive to federal immigration law. This description of a specific offense alludes to transgressions of a particular community’s widely held moral principles, such as the vast and diverse United States community.

Since this category applies nationwide and the way crimes are treated and categorized in this context frequently varies, it is difficult to identify every offense that may fall under it. Nonetheless, the following are the offenses that are most likely to fit under this category: evasion of taxes, perjury, abuse of children, fraud by wire, and having a hidden firearm on hand.

Negative Effects of Criminal Convictions on Deportation Cases in NY

A conviction in New York carries varying consequences, and such convictions can have a significant impact on deportation cases in NY. There is the possibility of detention and deportation by Immigration and Customs Enforcement (ICE). Convictions for specific offenses might result in the loss of your valid immigration status, such as a green card-holding individual. They can also make it impossible for you to modify or renew it later. Crimes of “moral turpitude,” certain drug-related offenses, and aggravated felonies can jeopardize the immigration status of a lawful permanent resident.

Those who are illegally residing in New York or who are undocumented immigrants usually face harsher penalties for a criminal conviction. The jail may tell ICE that the illegal person has been placed under arrest for a minor offense alone. After that, the agency can attempt to detain them and initiate the deportation process.

Defending Criminal Convictions on Deportation Cases in NY

After receiving a criminal conviction, you might use different defense tactics to challenge a deportation or removal order. For example, you can appeal the case judgment, request asylum, ask for a waiver of relief from removal, argue that the offense doesn’t meet the correct categorization, or change your status.

Eliud Zavala, our New York immigration attorney, will help you with solid defense tactics to overturn your conviction or settle any issue surrounding your immigration status and deportation cases in NY.