Impact of Crimes on Immigration (How to Lose Green Card or Prevent New Status)

Many green card holders get comfortable with the privileges afforded the Permanent Resident, and begin to believe that they have the same status as a U.S. citizen.  Unfortunately, this is not the case, and if they commit a crime, including domestic violence, the USCIS may confiscate their green card and put them into “removal” proceedings.  Under some of the old immigration laws, being forced to leave the U.S. was called deportation, but some recent changes in the immigration law have changed the terminology to removal from the U.S. rather than deportation.  A crime, particularly an aggravated  felony, can have immigration consequences far beyond the state law penalties.

There are lesser crimes than aggravated felonies that can also have a negative impact on immigration, and these are often called Crimes involving moral turpitude or CIMT. If the alien is charged with any of these types of crimes, the alien should consult an attorney who works in immigration areas of the law.

Immigration Detention

     If a non-citizen with or without valid immigration status commits a crime, particularly an aggravated felony, after they serve their state time, they may then be picked up by USCIS and placed in an immigration detention facility.  Such a person will be held until the immigration bond is determined, and if granted and paid, they will be released, subject to appearing in immigration court for removal (deportation) proceedings. If the bond is not granted, depending on the nature of the crime and other factors, the person must remain in custody until their merits hearing on their immigration status after the crime.

Immigration Court Executive Office for Immigration Review (EOIR)

     When a person runs afoul of the immigration laws and faces the possibility of being removed from the United States, they are placed in proceedings before the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR), better known as the Immigration Court.  During the course of the proceedings before the Immigration Court, the person will have an opportunity to present their case to an Immigration Judge in the hopes of canceling the removal proceedings and thereby remaining in the United States.  Such a person would be best advised to seek the representation of an attorney, to defend them in the proceedings.