Criminal convictions can carry serious immigration consequences for noncitizen defendants, including lawful permanent residents (green card holders), visa holders, and undocumented individuals.
While not every conviction will result in deportation, certain offenses under Arizona law may trigger removal or negatively impact a person’s ability to remain in or return to the United States. Some categories of criminal offenses that may lead to deportation include:
Aggravated Felonies
One of the most substantial risks for noncitizens involves convictions classified as an “aggravated felony” under the federal Immigration and Nationality Act (INA). An aggravated felony is a legal category used by immigration authorities, and its coverage goes beyond what Arizona law may label a felony.
Offenses considered aggravated felonies may include certain drug trafficking crimes, violent offenses, sexual abuse of a minor, theft or burglary offenses meeting specific sentencing requirements, and fraud involving losses exceeding $10,000.
Some offenses not labeled a felony under Arizona law could still be treated as an aggravated felony for immigration purposes. Even misdemeanor convictions under Arizona law can have serious immigration consequences, including potential deportation, depending on how the offense is classified under federal law.
Crimes Involving Moral Turpitude (CIMTs)
Crimes involving moral turpitude refer to offenses involving dishonesty, fraud, or reprehensible behavior. This can include various theft offenses, fraud, certain assaults, and others, depending on the statutory details.
Deportability under this category can depend on when the offense was committed (such as within five years after admission), the potential sentence for the offense, and whether the noncitizen has multiple qualifying convictions.
Controlled Substance Offenses
Federal law imposes severe immigration consequences for many drug-related convictions, including those for possession, manufacturing, or distribution. There is a narrow exception for a single conviction for possessing 30 grams or less of marijuana for personal use.
However, marijuana’s legalization for personal use under Arizona law does not eliminate the potential immigration consequences of marijuana-related offenses under federal law.
Domestic Violence and Related Offenses
Certain convictions related to domestic violence can cause a noncitizen to be deported. These include qualifying convictions for domestic violence, stalking, child abuse, child neglect, and child abandonment. Certain violations of protective orders can also create grounds for deportation.
Firearm Offenses
Noncitizens risk deportation upon conviction for certain crimes involving firearms or destructive devices, including unlawful possession, sale, or use. Federal rules determine whether a crime is deportable, even if Arizona classifies it differently.
Can You Be Deported for a First-Time Criminal Offense?
Yes, certain first-time criminal convictions can make a noncitizen deportable, depending on the exact offense and how it is classified under federal law. A single conviction for an aggravated felony, many drug crimes (with few exceptions), or other qualifying offenses can be enough to trigger deportation, even if it’s your first criminal conviction.
Additionally, if a first offense is a crime involving moral turpitude, it may lead to removal in some cases. However, not all first offenses result in deportation. The specific type of offense, as well as details like the length of the sentence, statutory definitions, and your overall immigration record, all play important roles in determining immigration impact.
How Can an Arizona Criminal Defense Lawyer Help Protect Your Immigration Status?
A knowledgeable Arizona criminal defense lawyer can be essential for noncitizens facing criminal charges.
Here’s how they can help:
- Review the charges: They will review your situation to identify how each charge or potential conviction could affect your immigration status before you consider a plea.
- Negotiate for immigration-safer outcomes: When legally possible, they may negotiate to reduce charges, modify plea terms, or seek alternatives that are less likely to result in deportation.
- Coordinate with immigration experts: In serious cases, a criminal defense attorney can work with specialized immigration counsel to evaluate your unique risks and defense options.
By proactively addressing immigration consequences at every phase of your criminal case, a defense attorney helps protect your opportunity to remain in the United States.
Contact Katsarelis Law Criminal Defense Attorneys To Schedule a Free Consultation With a Tucson Criminal Defense Attorney
If you are not a U.S. citizen and are facing any type of criminal accusation in Arizona, do not make decisions or accept any plea agreement without first getting advice from a qualified attorney.
If you need help, reach out to Katsarelis Law Criminal Defense Attorneys today to schedule your free case evaluation with a Tucson criminal defense lawyer.
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
