The effects of a sex crime conviction if you are not a U.S. citizen could cast a shadow over your whole life and the lives of others around you. In Texas, a conviction for a crime violating the Immigration and Nationality Act could mean getting uprooted from your life here, deported, and maybe even slammed with a lifetime ban from ever setting foot back in the United States.

Immigration authorities take this type of case extremely seriously and will act accordingly. Just last year over 860 people got deported from Texas for sex offenses.

If you have been falsely accused of a sex offense, having an experienced Houston sex crime defense lawyer from Scheiner Law Group in your corner can make an enormous difference. Call (346) 361-2163 today or fill out the form on our website to learn more about your rights.

What Are Some Sex Offenses Which Could Affect My Immigration Status?

Here are some of the most relevant charges that can endanger your immigration status:

Indecency with a Child: Anything involving inappropriate or sexual acts with a minor is considered to be a massive offense. The accused would be looking at potentially immediate deportation, and they might prevent you from ever returning to the country.
Sexual Assault: A conviction for sexual assault can be classified as an aggravated felony under immigration law, making the non-citizen automatically deportable.
Possession or Distribution of Child Pornography: Typically, Federal and State laws tend to carry out strong penalties for having or sharing explicit material, including a child. Even just one conviction can get you thrown out of the country permanently.
Sex with a Minor: Even if the child willingly agreed to the sexual interaction, if they are under the legal age of consent, you could be looking at deportation and a permanent ban from the U.S.
Rape: Rape is one of the highest offenses in this category and is classified as both an aggravated felony and a crime of moral turpitude under immigration law, and a conviction for rape almost always results in detention and deportation.
Prostitution: Any type of involvement in prostitution, no matter if it’s as a participant, promoter, or operator; if you benefit in some way, you could be facing serious immigration consequences, especially in cases when convicted for solicitation or pimping.
Public Lewdness: Even minor offenses like public indecency can be classified as crimes of moral turpitude, which could end up in deportation or ineligibility for immigration benefits.
Failure to Register as a Sex Offender: One of the most important consequences of a sex crime conviction is having to register in the National Sex Offender Registry. If you’re required to register as a sex offender and fail to do so, you could face additional criminal charges and an increased risk of deportation.

If you are facing any of these charges, it is crucial to seek legal help immediately. Prompt action can significantly impact the chances of defending your rights and preserving your ability to remain in the country.

What Happens If I’m Convicted of a Sex Crime?

After being convicted of a sex offense, The Department of Homeland Security, through a document called a Notice to Appear (NTA), starts a process, where you have to go through court immigration hearings with a judge deciding over your future.

Cases like this are not all the same. It shifts, changes, depending on your immigration status, creating different levels of vulnerability:

For those with a green card, or legal permanent residents, a conviction can trigger immediate removal proceedings, and the threat of detention is always present. Even if spared deportation, the dream of citizenship can vanish, and should they be deported, they may find the door to legal re-entry slammed shut, with unlawful attempts to return carrying severe prison sentences.
Even refugees and asylees, people who sought safety, are not immune. A conviction can override their need for protection, leading to removal. And even if they manage to stay, their path to a green card can be permanently blocked.
Those on temporary visas or with temporary protection status face a rapid, brutal consequence: a felony sex crime conviction can mean the immediate loss of their status, setting in motion the machinery of removal.
For undocumented immigrants, already living under the shadow of potential deportation, a conviction acts as a catalyst, accelerating the process with brutal efficiency.

The sad truth is that once a sentence is given and you are convicted, there is very little to do, and immigration judges have limited power to stop the removal. This makes acting fast so crucial. Finding a skilled Houston criminal defense attorney, one who understands the delicate nature of your case and the difficult procedure ahead is not just a legal strategy; it’s an act of self-preservation, a fight for the right to remain.

What Can I Do To Protect Myself After a Conviction?

Being convicted of a sexual offense for a non-citizen in Texas can destroy your immigration status, but it doesn’t necessarily have to end with deportation. There are actually different legal strategies that can be used in your favor to contest removal and secure one’s future within the United States. Acting fast and being backed up by an expert legal team will be crucial for your case. Having that in mind, consider the following steps:

Explore Post-Conviction Relief: Each case is unique, but knowing the details of yours is key to possibly appealing your conviction, seeking its reversal, or seeking post-conviction relief to reduce or change your sentence. A reduced sentence charge or sentence could lessen the immigration punishments, which could lead to you staying in the country.
Look Into Waivers or Relief Options: Some individuals going through possible deportation may be eligible for approaches like cancellation of removal, asylum, or other waiver options that could allow them to stay. However, they only apply to some cases, and it depends on the severity of the charges, family relations in the U.S., and how much time they’ve spent as residents.
Request Prosecutorial Discretion: For certain people, immigration authorities have the power to have the discretion of stopping or delaying the removal process. If you have strong family and community ties, a history of good moral conduct, or other humanitarian characteristics, your attorney may intercede with ICE or authorities to exercise discretion in your case.
Present Strong Evidence of Rehabilitation: Demonstrating a genuine commitment to turn your life around—such as completing rehabilitation programs, maintaining stable employment, and staying out of further legal trouble—may work in favor of your case in court. Character witness statements, like letters from your family members, employers, or community leaders, can also support the claim that you deserve to stay.
Work With an Experienced Immigration and Criminal Defense Attorney: The challenge here comes from the combination of two of the most complex areas of law, the immigration and the criminal ones. This is why you need an attorney who understands both to perfection and is versed in the whole system to help you navigate your options and find the best defense for your case so you can fight deportation and stay in your home.

Despite your conviction, there’s still a lot of room to fight. The legal system offers some options for those willing to work for their future. With the right legal strategy, you might be able to confront this terrible event and protect what matters to you the most.

What To Do If You Have Not Been Charged Yet

During the period when you have been accused of a sex crime and are being investigated, it’s time to move fast. Even without a conviction, immigration authorities can use the facts or any word you say to avoid you getting your green card or becoming a U.S. citizen.

Here are some key items to have in consideration:

Get Your Green Card or Apply for Naturalization ASAP:

If you’re eligible for a green card or naturalization, it’s best to apply right away. Immigration authorities don’t really need a criminal conviction to deny your application; they just need enough evidence or any admission suggesting a crime. If you do not apply fast, and there are charges filed later, you might risk getting your green card.

Even if the charges are dropped or dismissed at the end, the USCIS officer may ask you about them, and even an accidental admission could prevent you from getting lawful status or lead to deportation.

Apply for Naturalization as Soon as You’re Eligible:

Naturalization is the process of becoming a U.S. citizen. So, if you already have a green card and are eligible for naturalization, it is important to file for it as soon as possible. You have to meet certain standards to obtain it, such as high moral character. While a crime investigation doesn’t automatically disqualify you from becoming a citizen, they will likely use it to delay your process.

Be honest on your application about your criminal history—if you believe you haven’t committed a crime, you should indicate that on the form. However, if you’re under investigation and law enforcement has named you as a suspect or questioned you about a sexual offense, your naturalization application will likely be put on hold until the investigation ends.

Do not think twice about seeking legal help; this is a tricky process, and you’ll need it. If you’re under investigation, it’s important to speak with an experienced immigration attorney who can guide you through the process and help protect your future.

What if The Allegations Against Me Are Not True?

Being accused of any false allegation would be a heavy weight on anyone. But in Texas, with the harsh laws against sex crimes, and adding your immigration situation in the country, having false sex crime allegations against you might be terrifying. This can bring horrible consequences for you and your loved ones, so it’s extremely important to act quickly to protect your freedom, reputation, and your future. Here are some ways to fight back against wrongful claims:

Questioning the Accuser’s Story: Often, when people are lying, they tend to change their stories or the story doesn’t add up. If you can demonstrate that their version of events is inconsistent, it can create doubt about their credibility and the validity of their claim against you.
Establishing an Alibi: One big key piece of evidence is, in case you weren’t at the site of the events, to demonstrate it with concise proof. Witnesses, phone records, or video footage are the best ways to show you were somewhere else, discrediting the accuser’s allegations.
Examining Physical Evidence: If the physical evidence doesn’t match the accuser’s claims, it could be one of your strongest defenses. Whether it’s DNA, medical records, or lack of injuries, the absence of evidence can botch the accusations.
Showing Consent: In case there was a sexual act, but this was consensual, it is important to present any evidence that supports it, such as text messages, witness statements, or other types of communication that prove mutual agreement.

Dealing with false accusations may feel like fighting a war, but with the support of the right attorney, you can protect your rights and work toward clearing your name. It’s essential to take action fast and explore every option available to you.

Top Rated Sex Crime Attorneys in Houston, TX

At Scheiner Law Group, we’re dedicated to protecting your rights and standing up for you when facing false sex crime charges in Houston, TX. We know how devastating and confusing these charges can be, and we’re here to guide you through every step of the legal process. Our team is committed to providing strong, personalized defense strategies designed to protect your future.

If you’re dealing with accusations that threaten your reputation and freedom, trust us to fight for you and ensure your rights are fully defended. You don’t have to face this alone – we’re here to help.

How Will a Sex Crime Conviction Affect My Immigration Status in Texas?