Criminal activity can have a significant impact on the rights of an immigrant. Most immigrants applying for visas or green cards must undergo a thorough criminal background check. Even those who have lived in the country for years have to undergo a background check if they want to naturalize and become United States citizens.
There are thousands of ways for people to break the law while living in the United States. Minor legal violations, such as traffic infractions, typically do not have much impact on immigration status. However, more serious criminal offenses can potentially put an immigrant at risk of removal or other serious immigration challenges. They may not be able to adjust their status and secure a green card. They may become ineligible for naturalization or a visa renewal.
Drug convictions receive special attention
The United States Citizenship and Immigration Services (USCIS) has clear rules about what criminal offenses impact an immigrant’s status. Violent crimes and crimes of moral turpitude can affect an immigrant’s status. Drug-related offenses also typically affect an immigrant’s options.
The federal government has a strict stance on drug prohibition and control. As such, drug offenses can have a chilling effect on immigration rights. The USCIS has relatively strong rules in place for drug-related convictions.
There are exceptions for minor possession offenses involving low-risk prohibited drugs. Any other significant drug-related offense is likely to impact immigration options. Possession of narcotics or other prohibited drugs can affect an immigrant’s status. So can any offenses related to manufacturing or trafficking drugs. Seemingly innocent actions, such as giving leftover medication to a co-worker, could result in criminal charges that negatively affect a defendant’s immigration status.
The best way to avoid removal or other immigration consequences related to pending drug charges is to fight back against those allegations. A successful defense prevents an immigrant from having a conviction. They can then pass the necessary background check to renew their visa, adjust their status or naturalize.
Reviewing what led to drug charges with a skilled legal team can help immigrants develop the best strategy for avoiding a conviction. Immigrants who are proactive about their status can prevent misunderstandings or mistakes from completely changing their lives.
