Immigrants accused of significant criminal offenses are often eager to resolve issues as quickly as possible. Especially if Minnesota state prosecutors pursue felony charges, immigrant defendants may be desperate to avoid a felony conviction. Serious felonies may lead to an immigrant losing their lawful status. They may be at risk of deportation due to a felony conviction or may be unable to pass the next background check required to renew their visa or green card.
Criminal defense attorneys can frequently secure certain concessions from prosecutors when representing their clients in court. One of the options available in Minnesota is a stay of imposition. A stay of imposition prevents an immediate criminal sentence, often by leading to probation instead. It may reduce a felony charge to a misdemeanor, at least according to a public background check. While this may seem like an excellent opportunity, it can actually be an immigration trap.
Federal standards are different
When federal agencies, such as the United States Citizenship and Immigration Services (USCIS), review an individual’s eligibility for renewing a visa, naturalizing or adjusting their status, a criminal background check is a standard part of that process. Significant criminal convictions can leave people ineligible to renew their visas, secure green cards or become citizens.
In fact, those convictions may be grounds for removal from the country. If an immigrant manages to secure a stay of imposition from the Minnesota criminal courts, they may assume that they are no longer at risk of serious immigration consequences.
However, the federal government often looks at the initial charge, rather than the final charge recorded as part of a plea arrangement or a stay of imposition. Simply put, avoiding a felony conviction after facing felony charges by reducing the charge to a misdemeanor officially does not necessarily protect an immigrant’s status.
It is of the utmost importance that immigrants understand these potential pitfalls that could leave them vulnerable to removal from the country before they take any significant steps while responding to pending criminal charges. Reviewing the state’s allegations with an attorney familiar with crimmigration matters can help immigrants avoid mistakes that could endanger their legal status and lead to their removal from the United States.