What Happens to Immigrants Facing Criminal Charges in Pennsylvania?
Facing a criminal charge is indeed a stressful and terrifying experience. But what if your status is not that of a citizen of PA, but of an immigrant?
Well, the consequences are obviously more severe than mere incarceration or fines. Certain criminal charges can put your residency status in Pennsylvania on the line!
However, you still have immigrants’ rights, and therefore, you must exercise them from the outset of your arrest to make sure they are protected. Also, having an expert Pittsburgh criminal lawyer by your side can help you a lot in this scenario.
Consequences of Immigrants Facing Criminal Charges
For a PA citizen, a criminal conviction means facing imprisonment, steep fines, license suspension, etc.
But, when it comes to immigrants, they face certain additional risk factors, such as-
- Deportation.
- Loss of eligibility for a green card.
- Loss of immigration benefits.
Even if you are a legal immigrant and a permanent green card holder, you might still get deported if you’re convicted of certain crimes. For instance,
- If you’re convicted of a misdemeanor in PA, it is considered a deportable offense.
- If your sentence is suspended, or you face an imprisonment sentence of less than a year, it might trigger severe consequences based on the type and nature of the offense.
Crimes Resulting in Deportation
The Federal Immigration Law has established a broad framework that defines the type of criminal convictions that might trigger a deportation. Let’s take a closer look-
Aggravated felonies
The Immigration Law states quite a handful of crimes that come under this category. Surprisingly, some of them are considered misdemeanors under the Pennsylvania law. Some of the aggravated felonies that might trigger deportation are-
- Drug trafficking.
- Specific drug possession charges.
- Offenses related to firearms.
- Violent crimes.
- Domestic Violence/ PFA Orders
If you’re convicted of a domestic violence case or are facing convictions for violation of Protection-from-abuse (PFA) orders, you are sure to face deportation.
Drug-related offenses
If you’ve been charged with possessing 30 grams or less of marijuana, you might be excused. However, if you’re convicted of some other illegal drug charges, it might get your green cards disqualified. And this rule applies to non-violent charges as well!
CIMT
Crimes of Moral Turpitude (CIMT) are those that include the following charges-
- Burglary.
- Assault with intent to cause injuries.
- Sexual offenses.
- Shoplifting.
- Domestic violence.
- DUI with a resultant injury, or DUI with a minor present inside a vehicle.
Now, if you’ve been convicted of CIMT within the first 5 years in the U.S, or have been convicted of two or more CIMTS, you might face deportation, even if you possess a green card!
Your Rights as an Immigrant
No matter what your status as an immigrant is, you still have the following rights-
- You have the right to remain silent.
- You have the right to seek counsel from a Pittsburgh criminal lawyer.
- You have the right to a fair trial.
- You have the right to challenge the one who accused you.
Also, if you’re facing charges, hiring a seasoned Pittsburgh criminal lawyer who is well-acquainted with immigration laws is mandatory. They can correctly analyze whether the charges might trigger any deportation. On top of that, they can also negotiate pleas or help avoid convictions to save your citizenship status.
So, if you’re an immigrant and are facing criminal charges in PA, don’t sit back; call our Pittsburgh criminal lawyers ASAP. Dial 412-387-6901 or send an email to sean@seanloguelaw.com for any further queries.