# Pereida v. Barr – The Supreme Court Has Made It Tougher for Undocumented Immigrants - Link: https://www.lumlawgroup.com/pereida-v-barr-the-supreme-court-has-made-it-tougher-for-undocumented-immigrants/ - Published: 2021-03-15T20:53:24-07:00 - Author: Albert J Lum ## Pereida v. Barr – The Supreme Court Has Made It Tougher for Undocumented Immigrants The U.S. Supreme Court has made it more difficult for undocumented immigrants to avoid deportation. In a decision on March 4, 2021, the Court ruled in Pereida v. Barr that undocumented immigrant Clemente Pereida bore the burden of proving his conviction for using a fake Social Security card was not a "crime of moral turpitude." If this burden is not met, committing a crime of moral turpitude can disqualify immigrants from certain relief options, such as cancellation of removal. This ruling has significant implications for undocumented immigrants seeking to stay in the U.S. and highlights the challenges of navigating immigration laws. **Understanding How Criminal Charges Can Impact Immigration Status** Criminal charges can have serious consequences for undocumented immigrants, permanent residents (green card holders), and visa holders. A recent ruling now requires undocumented immigrants to prove that their violation is not considered a “crime of moral turpitude.” This creates additional challenges, as even pleading to a misdemeanor can potentially harm your immigration status. **Does a Misdemeanor Affect Immigration Status?** Many people assume that having a misdemeanor instead of a felony won’t impact their immigration status. Unfortunately, that’s not always true. Crimes classified as “ crimes of moral turpitude”—even minor ones—can lead to deportation, denial of permanent residency, or being barred from re-entering the United States. **What Should You Do If Arrested?** If you are undocumented, a permanent resident, or on a visa (student or work), it is critical to act carefully if you are arrested. Here’s what you should do:   1. **Get Legal Counsel Immediately** 2. ** Before making any statements to the police, consult a qualified criminal defense attorney and an experienced immigration attorney. These professionals can work together to ensure that any plea deal or outcome does not harm your immigration status.** 3.   4.   5. **Avoid Risky Situations** 6. ** The best way to protect your immigration status is to avoid potential legal trouble. For example, don’t drink and drive or get into a car with someone under the influence. A single offense could lead to permanent inadmissibility to the U.S.** 7.   8. **Why Hiring the Right Attorneys Is Essential** 9. Non-citizens face harsher consequences for criminal offenses than U.S. citizens. While a citizen might face jail time, a non-citizen could be deported, lose their legal status, and never be allowed to return to the U.S. For individuals who have lived in the U.S. for most of their lives, this outcome is devastating. That’s why it’s essential to have both a skilled immigration attorney and a criminal defense attorney by your side. 10. **Don’t Risk Your Future** 11. If you are facing criminal charges and are not a U.S. citizen, take immediate action to protect your immigration status. Work with attorneys who understand the complexities of immigration law and criminal law to help minimize the impact on your ability to stay in the United States. 12. **Keywords for SEO:** 13.   14. * How criminal charges affect immigration status * Immigration and criminal defense attorneys * Crimes of moral turpitude and immigration * Misdemeanors and deportation risks * Legal help for undocumented immigrants * Avoiding deportation for green card holders * Immigration consequences of criminal charges * Albert J Lum * Albert J Lum, Esq. has over 25 years experience as an attorney in the Greater Los Angeles area, specifically helping small business owners like himself, budding entrepreneurs, and anyone in need of assistance with intellectual property matters. ## Share: [PrevPreviousTPS Holders Cannot Adjust Status After Travel Abroad Under DHS Authorized Travel Document.](https://www.lumlawgroup.com/tps-holders-cannot-adjust-status-after-travel-abroad-under-dhs-authorized-travel-document/) [NextHouse Passes Immigration Bill – Pathway to Citizenship for DreamersNext](https://www.lumlawgroup.com/house-passes-immigration-bill-pathway-to-citizenship-for-dreamers-2/) ## Leave a Reply 󠀁[Cancel reply](https://www.lumlawgroup.com/pereida-v-barr-the-supreme-court-has-made-it-tougher-for-undocumented-immigrants/?output_format=markdown#respond)󠁿 Your email address will not be published. Required fields are marked * Comment * Name * Email * Website Δ