Handling Criminal Charges as a Non-Citizen: Legal Risks and the Path to Protection

At the Law Office of Eric B. Morrell, we regularly handle cases where criminal charges intersect immigration law. In these complex and high-stakes situations, it is crucial to have a lawyer who is not only well-versed in criminal defense but also highly knowledgeable about the potential immigration consequences that can arise from a charge or conviction. 

If you are a non-citizen living in New Jersey facing criminal charges, it is essential to take immediate and strategic action to protect both your legal rights and your immigration status. A criminal conviction can have serious, sometimes irreversible consequences on your ability to remain in the United States, apply for citizenship or reunite with family members. Depending on the nature of the offense, you may face jail time, deportation, loss of green card or disqualification from naturalization or visa renewals. 

Facing criminal charges as a non-citizen carries significant risks with the most serious being the possibility of deportation and jail time. U.S. immigration law mandates that certain criminal offenses can make an individual subject to removal from the country, regardless of how long they have lived here. Offense that may lead to deportation include aggravated felonies such as murder, rape, drug trafficking and weapons violations. A conviction for any of these crimes can result in mandatory deportation. Additionally, crimes involving moral turpitude such as fraud, theft, assaults, drug-related offenses and domestic violence can also expose non-citizens to removal proceedings.

Green card holders (lawful permanent residents) are not immune from the consequences of a criminal conviction. While they are typically permitted to remain in the U.S. as long as they comply with the law, a criminal conviction can jeopardize their status. For example, convictions for aggravated felonies, crimes involving moral turpitude or certain drug-related offenses may lead to the loss of permanent resident status, restrictions on naturalization and deportation hearings. A serious conviction such as one involving domestic violence or theft can disqualify an individual from applying for U.S. citizenship and may even result in the denial of a naturalization application. In such cases, a green card holder may be subject to deportation proceedings even if they have lived in the U.S. for many years.

If you are in the U.S. on a temporary visa, such as a student visa (F-1), work visa (H-1B) or tourist visa (B-2), a criminal conviction could result in serious consequences for your status. A conviction for an aggravated felony or crime of moral turpitude can lead to the cancellation of your visa and removal from the U.S. Likewise, for those seeking to extend or adjust their status may face similar risks. Any criminal conviction for such offenses can lead to removal proceedings and endanger their ability to remain in the country.

With significant changes expected under the new administration, it is likely that efforts to deport non-citizens with criminal histories will intensify in the coming year. 

The consequences of committing a crime as a non-citizen in New Jersey can be severe and far-reaching. You must seek legal representation from an experienced criminal defense attorney who understands the intersection of criminal and immigration law. At the Law Office of Eric B. Morrell, we will assess the specific charges against you, identify potential defenses and work diligently to minimize any impact on your immigration status. It is critical to fully understand the potential immigration consequences before pleading guilty or accepting a plea agreement. Our law office works closely with immigration consultants to ensure accurate assessment of these consequences. We are committed to achieving the best possible outcomes to preserve your immigration status. Additionally, we have a bilingual paralegal (Spanish-speaking) available to assist and provide support. We are dedicated to offering the highest level of legal representation and guidance to safeguard your future in New Jersey. If you or someone you know is a non-citizen facing criminal charges, please contact our offices.

EBM Law’s Commitment
The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are: 

Criminal Defense

DUI/DWI

Guns & Weapons Crimes 

Pre-Trial Detention Hearings

Expungements for Prior Convictions