Immigrants must pass background checks to secure visas or green cards. Criminal charges while living in the United States can have major implications for immigrants already in the country. They could be at risk of losing their visas or green cards.
In fact, they could face removal proceedings or deportation. Many immigrants who fear the consequences of a criminal conviction might feel compelled to accept a plea deal. Does a plea bargain to a lesser offense or a reduced sentence protect an immigrant’s status?
Plea deals can endanger immigrants
Contrary to what many people assume, a plea deal to a lower charge does not protect an immigrant from removal. The United States Citizenship and Immigration Services (USCIS) may look at a plea deal as an indication of guilt.
The USCIS may handle the case as though the immigrant is guilty of the initial charge, not the reduced charge included in the plea bargain. Confusion about this rule can lead to immigrants making mistakes when responding to pending charges.
As such, prior court rulings make it mandatory for defense attorneys to notify their clients when a plea deal could have an impact on their immigration status. Immigrants responding to pending charges often face better outcomes when they mount comprehensive defense strategies instead of pleading guilty to avoid the most serious charges or penalties possible.
The nature of the offense, the prior record of the immigrant and the potential sentence all influence the immigration implications of a criminal conviction. Fighting criminal charges can often help immigrants limit their risk of deportation or removal proceedings.