Green cards, or permanent resident cards, grant immigrants the legal right to live and work in the United States indefinitely. However, maintaining lawful permanent resident (LPR) status comes with responsibilities. Certain criminal convictions can jeopardize your green card and even lead to deportation. For residents of California, it is vital to understand how specific crimes can put your immigration status at risk and what steps you can take to protect yourself. The consequences of these crimes can be life-altering, making it essential to stay informed and proactive.
Crimes That Can Lead to Green Card Revocation
Several types of crimes can lead to having your green card revoked under current federal law, including:
Crimes of Moral Turpitude (CMTs)
Crimes of moral turpitude are offenses that involve dishonesty, fraud, or behavior that shocks the public conscience. These crimes are often viewed as serious violations of ethical standards. Common examples include:
- Theft and Burglary: Shoplifting, robbery, or breaking into a property with the intent to commit a crime.
- Fraud: Acts like welfare fraud, tax fraud, or identity theft. Fraudulent schemes often result in significant harm to victims and are heavily penalized under immigration laws.
- Violent Crimes: Assault with a deadly weapon or domestic violence may also qualify, especially when they involve significant harm or threats.
A single conviction for a crime of moral turpitude can lead to deportation if it occurs within five years of your admission to the U.S. and carries a possible sentence of one year or more. Multiple CMT convictions at any time can also result in removal proceedings, underscoring the serious risks associated with such crimes.
Aggravated Felonies
Aggravated felonies are a specific category of crimes under U.S. immigration law. These offenses carry severe consequences, including automatic deportation and permanent inadmissibility. Even minor involvement in these crimes can trigger significant penalties. Examples of aggravated felonies include:
- Drug Trafficking: Sale, distribution, or trafficking of controlled substances. Even possession with intent to distribute can qualify.
- Firearms Offenses: Illegal possession or trafficking of firearms. Given the potential for harm, these offenses are aggressively prosecuted.
- Murder, Rape, or Sexual Abuse of a Minor: These violent crimes almost always trigger deportation proceedings and leave little room for legal relief.
- Fraud or Tax Evasion: If the loss to the victim exceeds $10,000, the financial impact elevates these crimes to the level of aggravated felonies.
Even a lawful permanent resident convicted of an aggravated felony cannot apply for most forms of relief from deportation. Additionally, these convictions can permanently bar reentry into the U.S.
Controlled Substance Violations
Drug-related offenses, even minor ones, can lead to deportation. Convictions for possession, manufacturing, or distribution of controlled substances often result in the loss of LPR status. However, an exception exists for a single conviction of possessing 30 grams or less of marijuana for personal use. Despite this exception, any drug-related charge should be taken seriously, as even accusations can trigger immigration scrutiny.
Domestic Violence and Related Offenses
California law takes domestic violence seriously, and certain convictions can have immigration consequences. These include:
- Domestic battery
- Child abuse or endangerment
- Violation of protective orders
Immigrants convicted of these crimes may face deportation, especially if the offense qualifies as a crime of moral turpitude or an aggravated felony. The impact on family relationships and personal reputation can also be devastating.
Crimes Involving False Statements
Lying to obtain immigration benefits, such as marriage fraud or falsifying documents, is another serious offense. Convictions for perjury, falsifying information on immigration forms, or using fraudulent identification can lead to green card revocation. These crimes undermine the integrity of the immigration system and are therefore treated with zero tolerance.
Crimes Resulting in Deportation Without Conviction
Even without a criminal conviction, green card holders can face deportation if their actions fall under certain categories, such as:
- Drug Abuse or Addiction: Evidence of habitual drug use, even without a conviction, can trigger removal proceedings.
- Terrorist Activities: Associating with terrorist organizations or financing terrorism carries severe consequences, including immediate deportation.
- Espionage or Sabotage: Acts threatening U.S. national security are grounds for expedited removal.
Additional Consequences for California Green Card Holders
California-specific laws can also impact green card holders. For instance, California’s “wobbler” offenses—crimes that can be charged as either a misdemeanor or a felony—may trigger immigration consequences depending on the circumstances and final sentencing. DUI offenses involving injury or death, for example, may qualify as crimes of moral turpitude or aggravated felonies. Understanding how state laws intersect with federal immigration regulations is crucial for LPRs.
How Can a Criminal Conviction Affect Your Immigration Status?
The Immigration and Nationality Act (INA) governs the rules for deportation and inadmissibility. A criminal conviction can lead to:
- Loss of Green Card: Revocation of lawful permanent resident status.
- Removal Proceedings: Facing deportation in immigration court, which can be a lengthy and stressful process.
- Bars to Reentry: Being permanently banned from returning to the U.S., separating you from family and livelihood.
- Loss of Pathway to Citizenship: A conviction can delay or disqualify you from naturalizing as a U.S. citizen, affecting your long-term stability in the U.S.
Steps to Protect Your Green Card After an Arrest or Conviction
If you are a California green card holder facing criminal charges, taking immediate action can make all the difference. Here are some steps to consider:
- Hire an Attorney with Criminal Defense Experience: Seek a lawyer who understands both California criminal law and federal immigration law. Your attorney can evaluate whether your charges carry immigration consequences and develop a defense strategy tailored to your case.
- Explore Alternative Sentencing Options: In some cases, plea agreements or alternative sentencing programs can help you avoid a conviction that triggers deportation. These alternatives often include rehabilitation programs or community service.
- Post-Conviction Relief: If you have already been convicted, a lawyer can help you seek relief, such as vacating a conviction or reducing a felony to a misdemeanor under California law. This step can sometimes eliminate the immigration consequences of a past conviction.
- Avoid Traveling Outside the U.S.: Even minor offenses can trigger scrutiny by immigration officials upon reentry, leading to detention or removal proceedings. Staying within the U.S. minimizes this risk.
- Maintain Good Moral Character: Demonstrating positive contributions to your community and adhering to all laws can support your case if you face deportation proceedings. Community service, employment, and family ties can all weigh in your favor.
Can You Regain Your Green Card After Revocation?
In limited circumstances, it may be possible to regain lawful permanent resident status after losing your green card. Options include:
- Cancellation of Removal: If you meet specific eligibility criteria, you may request cancellation of removal during deportation proceedings. This process often requires proving exceptional hardship to family members.
- Waivers of Inadmissibility: These waivers may be available for certain crimes, particularly if you can demonstrate hardship to a U.S. citizen or LPR family member. Waivers often involve showing rehabilitation and a lack of risk to the community.
- Reapplying for a Green Card: In rare cases, you may be eligible to apply for a new green card after deportation, depending on the crime and length of time since removal. This process requires navigating complex legal and procedural hurdles.
Why You Need an Experienced Criminal Defense Attorney
The stakes are high for green card holders facing criminal charges. At the Law Offices of M. Gabriela Guraiib, we understand how overwhelming and frightening this process can be. Our experienced legal team specializes in protecting the rights of the accused in California. We work tirelessly to minimize the negative consequences of criminal charges and ensure the best possible outcome for your case. Our in-depth knowledge of California law and federal policies enables us to build strong defenses tailored to your unique circumstances.
If you or a loved one are facing charges that could jeopardize your green card, don’t wait. Contact us today for a confidential consultation to discuss your legal options and take the first step toward securing your future in the United States. With the right legal support, you can navigate these challenges and protect your rights as a lawful permanent resident.
