Can a Misdemeanor Affect Your Immigration Status?

The U.S. immigration system can be extremely challenging for anyone from another country trying to live legally in the United States. Whether you’re here on a visa or a green card, you want to do all you can to adhere to the often complex and confusing requirements for staying in the country.

But what happens if you find yourself faced with criminal charges? Even a misdemeanor can impact your immigration status in the United States. If you’re a non-U.S. citizen in Pennsylvania facing a misdemeanor charge, the LLF Law Firm can help defend you and protect your rights. Call us at 888-535-3686 or complete our confidential online contact form to get started.

What Constitutes a Misdemeanor and Can It Threaten Your Visa or Green Card?

U.S. law defines a misdemeanor as “a crime less serious than a felony.” While misdemeanors generally result in less severe penalties than felonies, they can still affect your green card or visa application or renewal. When you are applying for or renewing a visa or green card, the U.S. Citizen and Immigration Services (USCIS) will take your fingerprints, which lets them find out if you have a criminal record.

Once you’re convicted of one or more misdemeanors, you may find yourself facing the possibility of deportation. If you have a green card, a misdemeanor conviction can hinder your ability to stay in the country or pursue citizenship. If you hold a temporary visa, a conviction can result in cancellation of your visa or refusal to renew it.

Certain types of misdemeanors are more likely to affect your immigration status. Among these are moral turpitude crimes such as fraud or other crimes involving moral depravity. While one misdemeanor conviction of a moral turpitude crime won’t lead to deportation, if you have multiple convictions, the U.S. Department of Homeland Security has grounds for pursuing deportation. If you commit a violent crime, even one that Pennsylvania considers a misdemeanor, the USCIS will treat it as an aggravated felony, which will have more severe consequences on your immigration status. If you’re convicted of any type of drug violation, the USCIS may begin the process of removing you from the country, even if Pennsylvania considers the crime a misdemeanor.

If you’re a foreign national facing deportation following a criminal conviction, you may still qualify for a 212(h) waiver that allows you to apply for or renew a green card and avoid deportation. Even if you can stay in the United States, your misdemeanor conviction can still delay your ability to apply for U.S. citizenship.

The LLF Law Firm Can Help Protect Your Immigration Status

If you’re a non-U.S. citizen in Pennsylvania facing a misdemeanor charge, you need to immediately arm yourself with a legal team that can protect your rights throughout the legal process, defend you against criminal charges, and help ensure your ability to stay in the United States. You need a Pennsylvania legal defense team that understands the nuances of how state laws affect criminal convictions and immigration status.

The Criminal Defense Team at the LLF Law Firm has Pennsylvania defense attorneys with many years of experience defending foreign nationals from misdemeanor charges and safeguarding their ability to legally remain in the United States. Call 888-535-3686 or complete our online form to learn more and set up an appointment.