When someone faces criminal charges in Buffalo, New York, it is not just about dealing with the potential penalties of the legal system. For individuals who are not U.S. citizens, criminal charges can have a serious impact on their immigration status. Immigration laws in the United States are strict and can make certain offenses lead to deportation, loss of legal status, or problems with future immigration applications. People often do not realize how closely linked criminal law and immigration law are, but the consequences of criminal charges can go beyond a courtroom and affect someone’s ability to stay in the country.
For immigrants in Buffalo, the type of criminal charge can determine the level of risk. Even a charge that seems minor might carry long-term consequences for immigration status. Immigration laws are written in a way that certain crimes, even if they do not require jail time, could still make a person removable or inadmissible under the law. It is important to understand these risks and the steps that can help protect one’s rights. At, Friedman & Ranzenhofer, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
What Types of Crimes Can Impact Immigration Status?
Not every crime will affect immigration status, but certain categories of offenses are particularly serious under immigration laws. Crimes involving moral turpitude are often grounds for deportation. These crimes generally involve dishonesty or actions that harm others, like fraud, theft, or violence. If a person is convicted of a crime involving moral turpitude, it can make them removable from the United States or ineligible for future visas or green cards.
Aggravated felonies are another category of crimes that severely affect immigration status. These include offenses like drug trafficking, human trafficking, certain firearm crimes, or even some types of theft or fraud, depending on the circumstances. A conviction for an aggravated felony often leads to mandatory removal proceedings, meaning that immigration officials are required to begin the process of deportation.
Even lesser-known offenses, like violating a protection order or certain misdemeanor charges, can trigger immigration consequences. While some offenses may seem small, their impact can grow once immigration officials review the details. Non-citizens must be cautious about pleading guilty to any charge without knowing the possible immigration risks.
How Immigration Status Affects the Criminal Process
For immigrants facing criminal charges in Buffalo, the situation is different from that of a U.S. citizen. An immigrant charged with a crime might face additional questions about their legal status, work authorization, or travel history. If arrested, the individual may also encounter Immigration and Customs Enforcement (ICE) officials during or after the criminal process. This adds extra stress and pressure since an immigrant’s presence in the United States can become part of the investigation.
Additionally, some immigrants are eligible for special immigration statuses, like asylum or Temporary Protected Status. Criminal charges can put these protections in danger. Even legal permanent residents, also known as green card holders, are not immune. A conviction for certain offenses can lead to deportation proceedings against a green card holder, even if they have lived in the United States for decades. The intersection between criminal law and immigration law is complex, and it requires a clear understanding of both systems.
Steps to Take if Criminal Charges Threaten Immigration Status
For immigrants in Buffalo, one of the most important things to do when facing criminal charges is to get advice from legal professionals who understand the stakes. It is important to share any information about immigration status with the lawyer handling the criminal case so they can work to minimize the immigration consequences. Ignoring the immigration impact of a criminal case can result in serious harm to one’s future in the United States.
Another key step is being cautious about how one responds to the charges. Sometimes, plea bargains in criminal cases seem like a quick solution, but they can lead to long-term problems for immigration. For example, pleading guilty to certain charges might result in mandatory deportation under immigration law. It is crucial to consider these risks and ensure that every decision in the criminal case takes the immigration consequences into account.
If a person is already facing removal proceedings due to a criminal charge, there may still be options to fight the case. Immigration judges have the ability to review the charges and determine whether they require deportation under the law. For some immigrants, applying for relief like cancellation of removal or asylum could help stop the deportation process, depending on the specific facts of the case.
The Role of Buffalo’s Immigration and Criminal Laws
Buffalo, located near the Canadian border, is a hub for immigration activity and enforcement. Immigrants in this region often deal with increased scrutiny due to the proximity to international crossings and border patrol presence. Criminal charges in Buffalo can quickly come to the attention of federal immigration authorities. Whether the charges result from local issues or incidents near the border, the stakes are high for immigrants.
For this reason, Buffalo residents who are not U.S. citizens must be proactive when navigating the criminal justice system. The city’s unique position as a border community means that interactions with law enforcement are often more complicated for immigrants. Knowing the local laws and procedures is critical to safeguarding immigration rights and preventing unnecessary consequences.
How Criminal Charges Can Affect Family and Community
When an immigrant faces the risk of deportation due to criminal charges, it is not just their life that is affected. Their family members, friends, and community also feel the impact. Deportation can separate families, leaving children without a parent or spouses without their partners. In some cases, the financial burden of legal fees and lost income adds to the stress.
Communities in Buffalo rely on the contributions of immigrants, and when someone is removed from the country, the loss can be felt on many levels. Beyond the legal challenges, the emotional toll on individuals and their loved ones is immense. It is essential for immigrants and their families to seek the right support during these times to protect their futures.
Why Immediate Action Is Necessary
For immigrants in Buffalo, taking immediate action after being charged with a crime is essential. Delaying can increase the risk of removal or make it harder to defend against the charges. Building a strong legal strategy early on allows for better preparation and protection of immigration status. Whether it involves challenging the criminal charges, negotiating with prosecutors, or applying for relief in immigration court, every step should be carefully planned.
Ignoring the situation or assuming it will resolve on its own is not an option. The consequences of inaction can include deportation, the loss of work authorization, or the inability to return to the United States in the future. Immigrants must stay informed and proactive to secure their rights and protect their place in the country.
Facing criminal charges as an immigrant in Buffalo, New York, can feel overwhelming, but you do not have to navigate these challenges alone. The attorneys at Friedman & Ranzenhofer, PC are dedicated to helping individuals protect their rights and secure their futures. With a deep understanding of the connection between criminal charges and immigration consequences, our team is here to provide the guidance and representation you need. Contact Friedman & Ranzenhofer, PC today to discuss your case and take the first step toward safeguarding your immigration status.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup