A criminal conviction in California can significantly impact an individual’s immigration status, regardless of whether they are a permanent resident or an undocumented immigrant. Immigration law is complex, and a conviction can lead to serious consequences, including deportation, denial of visas, or difficulty obtaining citizenship.
Deportation risks for non-citizens
For non-citizens, a criminal conviction can lead to deportation. Some crimes, particularly those categorized as “aggravated felonies,” such as certain drug offenses or violent crimes, make deportation almost inevitable. Even seemingly minor offenses can trigger immigration penalties if they are considered crimes of moral turpitude, which can result in the loss of legal status or a ban from re-entering the country.
Criminal convictions and visa applications
A criminal record can affect the chances of receiving a visa to enter the United States. Immigration officials may deny visa applications based on past convictions, especially if they involve felonies, drugs, or other serious crimes. Applicants may also face difficulties with visa renewals, and it may become impossible to adjust to a permanent resident status if a criminal record exists.
Permanent residents and naturalization challenges
For lawful permanent residents (green card holders), a criminal conviction may complicate the path to citizenship. Even if a green card holder has lived in the U.S. for many years, a conviction for certain offenses can delay or prevent the naturalization process. Immigration officials may view criminal convictions as evidence that the individual does not meet the good moral character requirement needed for citizenship.
Navigating criminal convictions and immigration status in California requires a deep understanding of both state and federal laws. Individuals facing criminal charges and concerns about their immigration status should consult with attorneys to protect their rights.