Everyone makes mistakes now and then. It is simply a part of life. Some mistakes, however, are more serious than others. For example, this past Fourth of July you may have had a little too much to drink and on your way home you got a DUI. While getting a DUI is no fun for anyone, if you are in the U.S. on a work visa you may wonder if this DUI will get you deported.
The sad truth
Even if an immigrant is in the U.S. legally, they can still be deported if they are charged with a crime. They can even be deported after they have served their sentence in jail. While the federal government claims they only focus on noncitizens who commit serious crimes or are repeat offenders, oftentimes an immigrant in the U.S. faces deportation for even a minor offense, such as DUI. While noncitizens who commit an “aggravated felony” may be deported, Congress has made it so that a noncitizen may face deportation for a crime that is not necessarily “aggravated” or a “felony.”
What happens after you are convicted of a crime?
If a noncitizen is convicted of a crime, they may face certain consequences as a result. They may face mandatory unreviewable detention. They may lose their eligibility for asylum. They may also lose their eligibility for cancellation of removal. In addition, they may lose their eligibility for some waivers of inadmissibility. They may also lose their eligibility for voluntary departure. They may also face permanent inadmissibility after departing from the U.S. Finally, should they try to illegally reenter the U.S. they could face enhanced penalties.
Do not lose hope
If a noncitizen is convicted of a crime in the U.S., the situation may seem hopeless. However, deportation does not have to be the answer. With the right help some immigrants may be able to challenge deportation. This post is for educational purposes only and does not contain legal advice. Our firm’s website on deportation and crimes may help noncitizens understand their rights and options.