Immigration consequences of a minor offense

Dondon, a foreign national from an Asian country, is presently here in the US working under a temporary work visa as a software engineer. He has been a valued employee of a large biotech company and in order to keep him, his employer filed a petition for him allowing him to be a permanent resident.

While the petition was pending, he was arrested for stealing a few packs of cigarettes and some items at a local convenience store. Subsequently, he was criminally charged for minor theft. He is now very worried about his case not only for a possible conviction but also how it would affect his pending immigration petition.

Dondon has reason to be afraid. A criminal arrest, however small or minor it may be, could trigger the police into reporting a non-immigrant or non-citizen to the immigration authorities. Every arrest, charge, or worse, a conviction has consequences on one's

immigration status and any pending petitions.

Obviously, convictions for the more serious offenses also known as felonies, such as murder, drug trafficking, etc., are no-brainers when it comes to determining whether these cause for deportation. It is the seemingly minor crimes such as the misdemeanors where immigrants fall into the false assumption that these do not affect their immigration status.

What usually happens is that when charged for these minor offenses such as that of Dondon's, the immigrant would just plead guilty, or agree to a plea bargain just to get rid of all the hassle of having to deal with a criminal case. What they do not know is that they are risking their future in doing so and that it would be too late much later when they realize that it was such a bad decision.

So if you are an immigrant arrested or charged for whatever offense, make sure you have a criminal defense attorney as well as an immigration attorney. Both of them must work together early on in your case so that your legal strategy is well planned out. It is important that your criminal case be dismissed and it is equally critical that your immigration status is protected and secured. Do not enter a plea when you are not fully apprised of what that plea means for your immigration future.

Explore with your attorneys if it is possible to be charged with alternative less serious offenses. Keep in mind that definitions on what an offense is or how grave the conviction is differ between the states and federal government. A state may define a crime as a less-serious offense but under federal law, it is already an aggravated felony. Watch out also if you are charged with a Crime Involving Moral Turpitude (CIMT).

In Dondon's case, a theft is considered a CIMT. Any offense that falls under CIMT could lead you into serious trouble. Be mindful if both your defense and immigration attorneys are aware of the CIMT angle.

"Do not enter a plea when you are not fully apprised of what that plea means for your immigration future."