Criminal convictions can affect your visa or your Green Card. When you apply to renew a visa or adjust your status, you have to pass a background check again. A conviction between when you enter the country and when you apply could mean you no longer qualify.
In some cases, criminal convictions are so serious that they actually lead to judicial deportation. Rather than waiting to review the case in the future, the courts may determine that the best solution is to review the case and revoke someone’s permission to be in the United States.
Certain crimes, including trafficking offenses and violent felonies, can lead to judicial deportation. The sentence you face could also lead to deportation, even if the crime itself is not immediately grounds for removal.
When does the sentence affect your right to stay in the country?
Longer sentences effectively impose a burden on the taxpayers by requiring that they support the incarcerated individuals. They also indicate that the offense is serious enough to warrant imprisonment for an extended period.
Under federal rules, any person convicted of an offense with a lengthy incarceration sentence attached could potentially face deportation. Anyone convicted of a violent crime or theft offense resulting in a sentence of five or more years of imprisonment may find themselves facing judicial deportation.
Anyone accused of a crime that has the potential of resulting in a prison sentence of five years or longer could face deportation because of the sentence they receive. Learning more about your rights as a criminal defendant and as an immigrant can help you protect against a worst-case scenario situation, such as your removal from the United States.