For non-U.S. citizens, any criminal arrest in Nassau County or throughout Long Island can lead to serious immigration consequences, even without a conviction. Simply coming into contact with the criminal justice system in New York can trigger immigration repercussions, often as soon as the arrest process begins. If you are not a United States citizen and have been arrested, you must contact a focused and skilled Long Island defense attorney knowledgeable on immigration consequences to guide you to the best possible outcome.
How Arrests in Nassau County Impact Immigration Status
An arrest on Long Island typically involves being taken into custody, fingerprinted, photographed, and then appearing before a local judge for arraignment. Even receiving a Desk Appearance Ticket (DAT) — which does not require extended custody — is still considered an “arrest” in New York and mandates a court appearance.
If you’re a non-citizen facing an arrest in Nassau or Suffolk County, the effects on your immigration status may be substantial. That is because following an arrest, records are frequently shared with federal agencies like the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and Immigration and Customs Enforcement (ICE). This notification alone can bring significant risks to your status in the United States.
Immigration Consequences for Arrests in Nassau County
For non-citizens—including permanent residents (“Green card holders”), conditional residents, and those on student, work, or visitor visas—an arrest can lead to various immigration consequences, such as:
- Denial of U.S. entry or issues during re-entry
- Inadmissibility for future immigration benefits
- Visa cancellation or revocation
- Deportation or removal proceedings
Certain Crimes Are More Dangerous for Non-Citizens on Long Island
Certain charges can lead to heightened immigration scrutiny, whether or not there’s a conviction. On Long Island, these include:
Crimes Involving Moral Turpitude (CIMT)
CIMTs encompass offenses like theft, violent crimes, fraud, forgery, and perjury.
If an individual:
- Entered the U.S. without status (undocumented) and is charged with a CIMT, removal proceedings may follow, unless they qualify for the “petty offense” exception—one misdemeanor or less and fewer than six months of jail time.
- Was legally admitted (visa, green card holders, etc.) and commits a CIMT within five years of U.S. entry, deportability risks increase. However, a single CIMT conviction committed more than five years post-admission generally does not trigger deportability for those falling under this category.
Crimes such as New York Penal Law 120.00(1) (Assault in the Third Degree) can qualify as a CIMT, especially if there’s intent to cause harm. Negligent acts do not meet the CIMT standard, though reckless acts might, depending on the crime’s severity.
Aggravated Felonies
Aggravated felonies can have severe immigration consequences, leading to near-automatic deportability. For individuals lacking any legal status or holding conditional status, conviction for an aggravated felony may even bypass a hearing before an Immigration Judge (IJ). Relief options are very limited in these cases. Common aggravated felonies include:
- Murder, rape, and sexual abuse of a minor
- Violent crimes or theft with sentences of one year or more
- Drug trafficking or sale-related offenses
- Child pornography charges
- Failure to appear in court for felony charges
- Fraud involving losses over $10,000
Controlled Substance Offenses
Controlled substance offenses often trigger removal proceedings. There is a limited exception for a single offense of possessing under 30 grams of marijuana for personal use. Notably, New York drug schedules sometimes include substances not listed in federal schedules, making certain charges potentially overbroad for federal immigration consequences.
Firearm Offenses
Firearm-related charges must meet specific criteria under federal law to be chargeable. Non-citizens who are legally admitted can be subject to deportation for these offenses. The term “firearm” in New York can occasionally be overbroad, so the specific nature of the weapon and details of the conviction are critical. Antique firearms are generally exempt.
Crimes of Domestic Violence, Crimes Against Children, and Violations of Orders of Protection
Charges in these categories are often chargeable only for admitted non-citizens. Domestic violence offenses require the victim to be a family member to qualify for deportation proceedings based on the charge.
Questionable Charges and Considerations
Certain charges can complicate the immigration process due to broad interpretations. Examples include:
- Assault in the Third Degree (NY Penal Law 120.00) — Counts as a CIMT only if intentional; a one-year sentence could classify it as an aggravated felony.
- Criminal Possession of a Weapon in the Fourth Degree (CPW 4th, NY Penal Law 265.01(4)) — Must clarify if a firearm is involved, as non-firearm weapons often differ in immigration impact.
- Forcible Touching (NY Penal Law 130.52) — May be overbroad under certain interpretations.
How a Conviction in Long Island Can Impact Immigration Status
While an arrest alone can carry immigration risks, a conviction can have even more substantial consequences. For non-citizens, convictions often lead to deportation proceedings or restrict future re-entry. Types of convictions with the most severe potential immigration impact include:
- Crimes Involving Moral Turpitude (CIMT)
- Aggravated Felonies
- Controlled Substance Offenses
- Firearm Offenses
- Domestic Violence and Offenses Against Children
- Criminal Contempt (especially violations of protective orders)
- Multiple Criminal Convictions
Removal Grounds for Aliens on Long Island
Deportability vs. Inadmissibility
- Removal based on deportability applies to aliens who have been legally admitted to the U.S.
- Removal based on inadmissibility applies to all aliens: those in the U.S. who have not been legally admitted to the U.S. (are undocumented), those in the U.S. who have been legally admitted, and those who were been legally admitted but traveled outside the United States and seek readmission.
Criminal Grounds for Deportability
- Controlled Substances Convictions
- Includes attempts or conspiracy to commit a controlled substance offense.
- Exception: A single offense of possession of 30 grams of marijuana or less for personal use.
- Crimes of Moral Turpitude (CIMT)
- Deportable if convicted of a CIMT with a potential sentence of 1 year or more within:
- 5 years of admission.
- 10 years if the alien was granted lawful permanent resident status due to significant assistance in a criminal prosecution.
- CIMT examples include:
- Murder, rape, theft, fraud, domestic violence, child abuse, etc.
- Exceptions include simple assault and minor property damage.
- Two or more CIMT convictions lead to deportability regardless of sentence.
- Aggravated Felonies
- Any conviction of an aggravated felony leads to deportability.
- Firearm and Destructive Device Convictions
- Conviction for purchasing, possessing, or carrying firearms or destructive devices leads to deportability.
- Espionage, Sabotage, and Treason
- Any conviction related to espionage or treason with a possible sentence of 5 or more years leads to deportability.
- Crimes of Domestic Violence, Stalking, Child Abuse, and Neglect
- Convictions for these crimes lead to deportability.
- Failure to Register as a Sex Offender
- Conviction for failing to register or update registration under the Sex Offender Registration and Notification Act leads to deportability.
- Violating a Protective Order
- Engaging in conduct that violates a protective order can lead to deportability.
- High-Speed Flight from an Immigration Checkpoint
- Conviction for high-speed flight from an immigration checkpoint leads to deportability.
- Failure to Register or Falsification of Documents
- Conviction for registration fraud leads to deportability.
Crimes Triggering Inadmissibility
- Crimes Involving Moral Turpitude
- Inadmissible if convicted of a CIMT or attempting to commit one, with exceptions for:
- Juvenile offenses committed before age 18.
- Offenses with a maximum sentence of 1 year or less and not sentenced to more than 6 months.
- Controlled Substance Offenses
- Inadmissible for violations of controlled substance laws, with a waiver for a single possession offense of 30 grams or less of marijuana.
- Multiple Criminal Convictions
- Inadmissible if convicted of two or more offenses with a total sentence of 5 years or more.
Conduct-Related Removal Grounds (No Conviction Required)
- CIMT Admissions
- Admission of a CIMT or its essential elements leads to inadmissibility, with exceptions for juveniles and petty offenses.
- Controlled Substance Admissions
- Admission of a controlled substance offense leads to inadmissibility.
- Illicit Trafficking
- Known or suspected involvement in drug trafficking leads to inadmissibility.
- Drug Abuse or Addiction
- Determination as a drug abuser or addict leads to removal.
- Prostitution-Related Grounds
- Various offenses related to prostitution lead to inadmissibility.
- Fraud or Misrepresentation
- Seeking entry into the U.S. by fraud or misrepresentation leads to inadmissibility.
Why Knowledgeable Representation Matters for Non-Citizens on Long Island
Even minor criminal charges can lead to serious immigration consequences for non-citizens. An arrest alone can trigger mandatory detention, deportation proceedings, impact visa renewals, and jeopardize future permanent residency or citizenship applications.
The Role of an Experience Long Island Criminal Defense Attorney
Working with a knowledgeable Long Island criminal defense attorney as early as possible is crucial for mitigating these risks. A skilled immigration consequences criminal defense attorney who understands both local criminal laws and their potential immigration consequences can craft plea bargains and develop plea allocutions in a way that minimizes harsh immigration outcomes. They can work strategically to reduce charges, seek alternatives to conviction, or negotiate penalties that preserve your ability to remain in the United States.
The Importance of Proper Documentation
For immigration purposes, only certain documents are considered reliable, such as certifications of conviction, plea minutes, and charging documents—but not sentencing minutes. This makes it even more important to have a defense attorney capable of carefully shaping plea agreements and ensuring that plea minutes support a favorable immigration outcome.
Collaborating with an Immigration Attorney
Consulting an experienced immigration attorney can provide further protection. Immigration laws are complex and constantly evolving, and collaboration between your criminal defense attorney and an immigration attorney helps safeguard both your legal and immigration interests.
Contact The R.M.L. Law Firm, PLLC for Long Island Immigration Consequences Advice Today
If you or someone you know is a non-citizen facing criminal charges in Nassau County, Long Island, The R.M.L. Law Firm, PLLC is here to help. We know the challenges of navigating both criminal and immigration issues and will work to protect your rights, future, and ability to remain in the United States.
With extensive experience in Long Island courts, we provide the representation you need to address these complex situations. Don’t leave your future to chance—take the first step toward a strong defense today and contact our firm.
