If you are not a U.S. citizen and you’ve been arrested or convicted of a crime as a defendant in Ohio, the consequences can extend beyond fines or jail time. A conviction may also affect your immigration status, including your ability to stay in the country or apply for lawful status in the future.
While not every offense leads to removal, the immigration consequences of a conviction can be just as serious (sometimes more so) than the criminal penalties themselves. As a result, learning about what’s at stake and how the law applies to your case is crucial.
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The Immigration Process After a Criminal Conviction
When someone is convicted of a crime in Ohio, that conviction is entered into the court record. If you are not a citizen, immigration authorities may be notified. This can trigger proceedings with U.S. Immigration and Customs Enforcement (ICE) and possibly lead to removal proceedings in immigration court.
The immigration process doesn’t focus on whether you’ve “served your time” or paid fines. Instead, it looks at the type of offense, the sentence imposed, and whether the conviction falls under categories that trigger deportation or inadmissibility. Sometimes, even certain misdemeanors under Ohio law can have major consequences under federal immigration law.
Types of Crimes That May Lead to Removal
Not every offense will result in deportation, but certain categories of crimes are treated especially seriously by immigration authorities.
These include:
- Aggravated felonies under federal law (which may be broader than Ohio’s definition of felony)
- Crimes of moral turpitude, which generally involve fraud, theft, or intent to harm
- Drug offenses, even involving small amounts of controlled substances
- Domestic violence and certain firearm offenses
If you are convicted of one of these, you may face mandatory removal or lose eligibility for relief such as asylum or adjustment of status.
How Criminal Convictions Affect Immigration Applications
Regardless of whether you are currently in removal proceedings, a conviction can impact your future immigration opportunities significantly. For example, it may:
- Block eligibility for a green card or lawful permanent residency
- Disqualify you from naturalization
- Prevent reentry into the United States after traveling abroad
- Eliminate certain forms of immigration relief, such as cancellation of removal or asylum
U.S. immigration law treats certain offenses very harshly, so it is important to ensure you keep up to date on the law and how it applies to your circumstances.
Why Criminal and Immigration Law Don’t Always Match
One of the most challenging aspects of these cases is that immigration law and Ohio criminal law often do not align with each other. A crime classified as a misdemeanor in Ohio could still be considered an aggravated felony under federal law. Likewise, an offense that seems minor to a criminal court judge might carry mandatory deportation consequences in immigration court.
This mismatch makes it vital to have legal representation that understands both systems. A defense strategy that might work in criminal court could create unintended immigration consequences if it isn’t carefully considered.
Can Past Convictions Be Revisited?
In some especially rare cases, immigrants may be able to challenge older convictions that now threaten their status. This might involve filing a motion to reopen or vacate a conviction if there were legal errors or if you weren’t informed about immigration consequences at the time of the plea.
Ohio courts have recognized the importance of warning non-citizens about potential immigration outcomes, and failure to provide such warnings could be grounds for relief. However, these options should not be relied upon and require immediate action.
Why Hiring an Immigration Defense Lawyer May Be in Your Best Interest
If you are facing criminal charges in Ohio and are not a U.S. citizen, it is crucial to consult with an attorney who understands how convictions can impact your immigration status. An experienced criminal defense lawyer who knows both areas of the law can:
- Review the charges to determine possible immigration consequences
- Negotiate plea deals that avoid deportation triggers when possible
- Advise you on the safest legal strategy for both criminal and immigration matters
- Work with immigration counsel if you are already in removal proceedings
Your lawyer’s role is not just to fight the criminal case against you, but also to protect your future in the United States.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation With a Cincinnati Criminal Defense Lawyer
If you are a non-citizen facing criminal charges in Ohio, your future in the United States may be on the line. A conviction could easily result in deportation, depending on the facts and circumstances of your case. You need an attorney who understands both criminal and immigration law to guide you through the process.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a free consultation with an experienced Cincinnati criminal defense lawyer at (513) 333-0014.
