Misdemeanors and Felonies
Facing criminal charges as an immigrant in the U.S. can have severe consequences, not only due to the criminal penalties themselves but also because of the potential impact on immigration status. Misdemeanors and felonies, ranging from DUIs and domestic battery to controlled substance charges, carry risks that could affect your ability to remain in the country, secure immigration benefits, or adjust your status. At Immigration Family Visa, we provide strategic defense to safeguard both your legal rights and immigration status, guiding clients through every step to help mitigate or avoid these consequences.
DUI (Driving Under the Influence)
Driving under the influence (DUI) is a common charge, but it poses unique challenges for immigrants. For non-U.S. citizens, a DUI conviction can lead to deportation, restrictions on re-entering the country, and potential barriers to lawful status. DUIs are particularly risky for immigrants because they may impact one’s eligibility to demonstrate "good moral character"—a key requirement for naturalization. Additionally, multiple DUI convictions or DUIs with aggravating factors, such as high blood alcohol levels or incidents involving injuries, can increase immigration consequences significantly.
At Immigration Family Visa, we aim to reduce these risks by seeking alternatives to standard DUI convictions, such as first-time offender programs or plea agreements to lesser charges that avoid formal convictions. These alternatives not only address the criminal charge but also help maintain immigration eligibility. We also counsel clients on how to manage the implications of an existing DUI record when it comes to international travel or visa applications.
For lawful permanent residents, avoiding further DUI charges is critical, as multiple DUI convictions can result in disqualification for citizenship due to the failure to meet good moral character requirements.
Domestic Battery
Domestic battery charges carry significant immigration risks, even if the offense is classified as a misdemeanor. Domestic violence convictions can be classified as "crimes involving moral turpitude" (CIMTs), which may result in deportation or inadmissibility. A domestic battery charge may also be considered an "aggravated felony," which poses some of the most serious risks, including permanent ineligibility for green cards or other immigration benefits. Additionally, convictions for domestic battery may affect not only an individual's ability to remain in the U.S. but also the ability to sponsor family members for immigration.
To help clients avoid these severe outcomes, Immigration Family Visa provides defense strategies focused on reducing charges or negotiating alternative resolutions. This may include programs such as anger management, counseling, or other court-approved programs that allow clients to satisfy legal requirements without triggering immigration penalties. Our attorneys work diligently to scrutinize evidence and seek dismissals or reduced charges wherever possible. If a conviction is unavoidable, we explore options like plea agreements to non-deportable offenses, which can still satisfy legal obligations without impacting immigration status. Our attorneys also help clients understand how these charges can impact family-based immigration options, guiding them through a process that prioritizes their long-term immigration goals.
Possession of Controlled Substances
Controlled substance charges are among the most damaging for immigrants under U.S. immigration law. Any conviction related to controlled substances, even minor possession charges, can result in deportation, ineligibility for re-entry, and denial of immigration benefits. Federal immigration law considers marijuana illegal, even in states like Nevada where it may be legal, adding an extra layer of complexity for immigrants facing marijuana charges.
At Immigration Family Visa, we aggressively defend clients facing drug-related charges by seeking outcomes that avoid immigration penalties. For first-time offenders, we often pursue pre-trial diversion programs, allowing clients to complete treatment or educational courses instead of facing a formal conviction. This approach helps protect their immigration status while addressing legal concerns.
For cases involving repeat offenses or charges of possession with intent to distribute, we work to reduce charges to lesser, non-drug-related offenses where possible. We also assist with sealing records once the case is resolved, helping to prevent past charges from affecting future immigration applications.
Other Charges
Criminal charges like theft, fraud, assault, and other misdemeanors or felonies can severely impact an immigrant’s ability to remain in the U.S. or achieve lawful status. For instance, theft and fraud are often classified as crimes involving moral turpitude (CIMTs), making individuals deportable or inadmissible. Assault and other violent crimes can be considered aggravated felonies, one of the most serious classifications under immigration law, leading to deportation and a bar on future immigration benefits.
Immigration Family Visa offers tailored defense strategies to address these types of charges, with the goal of securing dismissals or negotiating pleas that avoid immigration penalties. When a dismissal or reduction isn’t possible, we help clients explore post-conviction relief options such as vacating or expunging convictions. We also provide counseling on ways to demonstrate rehabilitation, which can be beneficial if the individual is preparing for immigration interviews or applications. By focusing on outcomes that prioritize our clients' immigration status, we help mitigate the long-term consequences of these charges, supporting clients’ efforts to secure a stable future in the U.S.
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