Crimmigration
Are you an immigrant in Chicago or Aurora who is facing a criminal charge or dealing with the consequences of a past conviction? If so, your immigration status may be at risk. Criminal charges and immigration law intersect in ways that can be difficult to predict, and the consequences of a conviction can reach far beyond the courtroom. Deportation, bars to admissibility, and loss of protected status are all real possibilities.
The crimmigration lawyers at Borjas Law Group, LLC., are here to help. We have dedicated our practice entirely to immigration law, and we have the experience to handle even the most complex crimmigration cases. Contact our Chicago or Aurora law office today to arrange a free in-person consultation, and let us help you fight to protect your future.
What Is Crimmigration?
“Crimmigration” is a term for the combination of two areas of law: criminal law and immigration law. It is a practice area that focuses on the ways that criminal charges or convictions can affect your immigration status. The connection between these two areas of law is significant since even a relatively minor criminal matter can have severe impacts for immigrants.
If you are an immigrant in Chicago or Aurora and are facing a criminal charge or already have a conviction on your record, a crimmigration attorney can explain what that means for your case. The consequences can be serious, but the right lawyer can help you explore all of your options.
How a Criminal Charge Could Affect Your Immigration Status
A criminal charge does not have to result in a conviction to affect your immigration status. In some situations, an arrest record alone can raise red flags during the immigration process. A conviction, however, carries much more serious risks.
Depending on the nature of the offense, a conviction could make you deportable, bar you from re-entering the United States, or disqualify you from obtaining a green card or citizenship. It could also affect the visa renewal process or hurt your application for immigration benefits. For DACA recipients, even certain misdemeanor convictions can put protected status at risk.
Every situation is different, and the specific consequences you face depend on factors like the type of offense, the sentence, and your current immigration status. A crimmigration lawyer can review your unique circumstances and explain your options for moving forward.
Crimes That Can Trigger Removal Proceedings
A criminal record does not stay separate from your immigration case. Whether you are applying for citizenship or simply renewing a visa, immigration authorities will review your criminal history, and certain offenses could put your status at risk. In some cases, a single conviction is enough to trigger removal proceedings. Here are some common types of offenses that could affect your status:
- Aggravated Felonies: This category includes offenses such as murder, rape, drug trafficking, firearms trafficking, and certain theft or fraud crimes. A conviction for an aggravated felony can bar you from nearly every form of immigration relief and can result in mandatory deportation.
- Crimes Involving Moral Turpitude (CIMTs): CIMTs are offenses that courts consider morally reprehensible or dishonest, such as fraud, robbery, assault with intent to cause serious harm, and certain sex crimes. Even one CIMT conviction can render you deportable or inadmissible.
- Drug Offenses: A conviction for drug possession, drug distribution, or trafficking can make you removable, even if it is for a relatively small amount. It could also block you from obtaining or keeping lawful immigration status in the future.
- Domestic Violence and Related Offenses: A conviction for domestic violence, stalking, child abuse, or violation of a protective order can have immediate immigration consequences. These offenses are explicitly listed under federal immigration law as grounds for deportability.
- Firearms Offenses: These offenses include illegal purchase, sale, or possession of a firearm or destructive device. You do not need a felony conviction for this type of charge to affect your immigration status. Certain misdemeanor firearms convictions can be enough.
- Multiple Criminal Convictions: Even if no single offense on your record would trigger removal on its own, multiple convictions can still put your status at risk. If you have two or more convictions with combined sentences of five years or more, immigration authorities may try to deport you.
- Crimes Against Children: Sexual abuse of a minor is classified as an aggravated felony and carries harsh penalties under immigration law. Beyond that, any conviction that involves the exploitation or abuse of a child is likely to affect your immigration case in a serious way.
Other Immigration Consequences of a Criminal Record
Deportation is the consequence most people associate with crimmigration, but it is not the only one. A criminal record can follow you through every stage of the immigration process and create obstacles you might not expect. For example, a conviction could make you “inadmissible,” which means immigration authorities can bar you from entering or re-entering the US. It could also disqualify you from adjustment of status, which is how you obtain a green card while you are already in the country. If you are on the path to citizenship, a criminal record can interrupt or permanently block that process as well.
The Importance of Swift Action in Crimmigration Matters
Time is critical in crimmigration cases. If you or a family member is facing criminal charges, you should consult an immigration attorney as soon as possible, ideally before a plea is entered. The criminal defense attorney handling your case may not fully understand the immigration consequences of a guilty plea. And without that knowledge, they might recommend a plea agreement that could trigger deportation or other serious immigration consequences.
Even if you already have a conviction on your record, an immigration lawyer may still be able to help you move past it. For instance, they could help with options like waivers of inadmissibility or removal defense. But the time to pursue these options is limited. Do not wait to get the guidance you need.
Why Choose Borjas Law Group, LLC.?
When your immigration status is on the line, the right legal representation can change everything. This is not the time to settle for general legal advice from a law firm that only handles immigration matters every now and then. At Borjas Law Group, LLC., we focus exclusively on immigration law. When you work with us, you get attorneys who understand the full scope of your situation. Not just the criminal side, not just the immigration side, but how the two interact and what that could mean for your future.
Founding attorney Xavier Borjas built our law firm on a simple idea: every client deserves honest, skilled, and compassionate representation. As the son of immigrants himself, he knows firsthand what is at stake for clients and their families, and he brings that perspective to every case we handle.
The lawyers on our team speak Spanish and Tagalog, and we are happy to arrange for translation services in almost any language. That way, you can discuss your case in whichever language is most comfortable for you.
We serve clients across Chicago and Aurora with the same care and dedication, regardless of where they are in the immigration process or what charges they may be facing. We offer free in-person consultations and highly responsive service. Contact our team today, and let us help you protect your future.
Contact an Experienced Crimmigration Law Firm in Chicago
If a criminal charge is threatening your immigration status, now is the time to act. An experienced crimmigration lawyer at Borjas Law Group, LLC. can review your case and help you take the right steps to protect your future in the United States. Contact us today to arrange a free in-person consultation at our Chicago or Aurora law office.