Criminal Issues & Immigration

Criminal issues can often have a significant impact on a person’s ability to maintain their current immigration status and/or to seek immigration benefits in the future. This can be the case even for seemingly minor offenses or in cases in which the criminal penalties are not severe. It can also be the case even if the charges are ultimately dismissed, adjudication is deferred, or the offense is expunged.    

A person’s criminal record may be evaluated by the immigration agencies and courts in many different contexts: 

• In determining whether to terminate a person’s current immigration status; 
• In evaluating whether to grant a request for an extension or change of status;  
• In new applications for benefits (including but not limited to applications for lawful permanent residency); 
• In assessing whether an individual should be permitted to reenter the United States after travel abroad; 
• In adjudicating applications for naturalization (citizenship); 
• In determining whether or not to place a person into removal (deportation) proceedings; 
• In determining whether or not a person will be subject to mandatory detention during the course of removal proceedings and/or may seek a bond; and 
• In adjudicating any applications for relief from removal.  

An immigrant facing criminal issues should immediately hire an experienced immigration lawyer to provide advice on the potential immigration consequences of their current or prior criminal matters.  MJB attorneys utilize their knowledge of these potential consequences of criminal cases to successfully represent individuals with criminal issues in removal proceedings, post-conviction motions, and assisting criminal defense attorneys in cases to obtain a resolution that avoids adverse immigration consequences.