The American dream, often envisioned as a life characterized by authenticity, diligence, and liberty, inspiring aspirations to immigrate to the United States for a fresh start. However, immigrants may encounter significant challenges due to a lack of familiarity with the intricate justice system. This unfamiliarity can render them vulnerable to committing offenses that, while perhaps minor in their home countries, can trigger severe and life-altering immigration consequences within the U.S. When facing a criminal accusation or conviction, understanding the potential ramifications on one’s immigration status becomes paramount. Please continue reading as we explore what you should know about these matters and how an experienced Dallas County Criminal Lawyer can help you navigate this complex process.
What Immigration Consequences Does a Criminal Conviction Carry in TX?
Regardless of whether you are a green card holder or possess a valid visa, understanding the potential immigration consequences of a criminal conviction is crucial, as many crimes can lead to removal proceedings, also known as deportation. Non-citizens who are convicted of certain crimes, including aggravated felonies and crimes of moral turpitude. This encompasses offenses that are inherently evil or depraved. These crimes are essentially viewed as violations of basic moral duties and often associated with dishonesty, fraud, or violence.
A conviction for a crime of moral turpitude can lead to deportation in two scenarios. You may be deported if the conviction occurs within five years of entering the U.S. Alternatively, deportation can result from committing two serious, separate offenses after entering the country, even if the convictions are outside the initial five-year period. Importantly, committing a single crime of moral turpitude more than five years after entering the country typically results in imprisonment rather than deportation.
Furthermore, a criminal conviction can render foreign nationals inadmissible, which means they cannot enter or remain in the U.S. Criminal convictions can affect eligibility for immigration benefits. It can also bar foreign nationals from becoming U.S. citizens. Even if a conviction doesn’t result in immediate deportation, it can limit travel and future entry into the country.
What Should I Expect If I’m Facing Deportation?
If you are facing deportation in Texas, the process depends on your immigration status. For immigrants with valid legal status, a criminal conviction can lead to its termination and may prevent naturalization. If you are in the U.S. without legal status and are arrested, your fingerprints will be checked against an ICE database. If ICE determines you are in the country unlawfully, they may issue a “retainer,” requiring the jail to hold you for up to 48 hours for ICE to take custody. It’s important to understand that ICE can only place a criminal defendant on retainer if they have evidence of illegal presence, and the jail can only hold you for a maximum of 48 hours on this basis.
Given the complexity of immigration consequences following a criminal offense in Texas, it’s in your best interest to enlist the help of a determined attorney. At Spangler Law, we are prepared to help you navigate these difficult matters and fight for the justice you deserve. Connect with our firm today for assistance.
