The Crime Myth: Debunking Backwards Immigration Logic

The following account is based on a real case. Names and identifying details have been changed to protect client confidentiality.

Some potential clients have asked: “Does one have to commit a crime to get papers?”.

When Konare Law first encountered this question from a potential client, the attorneys thought they were joking. They weren’t.

This myth circulates in immigrant communities with disturbing frequency, and it’s dangerously false.

Let’s be absolutely clear: Committing a crime is the fastest way to get deported from the United States, not the fastest way to get legal status.

So where does this backwards logic come from? 

The Myth’s Origin 

Here’s what actually happens: Some good people make mistakes. They get arrested for DUI, domestic violence, shoplifting, whatever. They’re placed in removal proceedings because of their crime. Then, sometimes—sometimes—they win cancellation of removal and are allowed to stay.

People see this and think: “They committed a crime and got papers. Therefore, committing a crime gets you papers”.

That’s like seeing someone survive a car accident and concluding that crashing your car is how you get to the hospital. The logic is completely inverted.

Victor’s Story 

Konare Law represented Victor when he was facing deportation after his second DUI conviction.

He’d been in the United States since 1997, arriving at age 17. He’d built a life here—four children, three of them U.S. citizens. He was the family’s sole provider.

But he’d made mistakes. Two DUIs during the ten-year period required to show good moral character. In immigration law, ‘good moral character’ refers to a person’s behavior and conduct over a required period, and even minor offenses can seriously threaten that requirement.

Having two DUIs creates a “strong presumption” that you lack good moral character—which disqualifies you from cancellation of removal.

The attorneys had to overcome that presumption. Not with the DUIs themselves—they were the problem, not the solution. The objective was to show that despite the DUIs, Victor’s positive attributes outweighed the negatives, and that the criminal convictions were an aberration in an otherwise good character record.

Here’s what Konare Law presented to the court:

What Actually Mattered: 

• He successfully completed probation 
• He paid all fines 
• He completed alcohol and drug treatment classes 
• He participated in Alcoholics Anonymous 
• He stopped drinking completely since 2014 
• He maintained steady employment throughout 
• He paid his taxes 
• He fulfilled his obligations to his family 
• He accepted his stepdaughter Julissa into the family when she fled El Salvador because her biological father—an MS-13 gang leader serving time for killing two police officers—had threatened to kill the family 

His three U.S. citizen children had spent their entire lives here. Two had learning disabilities and were on Individualized Education Plans. They spoke English at home and couldn’t read or write Spanish. Returning to El Salvador meant facing threats from Julissa’s gang-member father, inadequate healthcare, educational hardship, and extreme poverty.

The immigration judge granted his cancellation of removal.

Why He Won 

Victor won despite his criminal record, not because of it. He won because:

1. He showed genuine rehabilitation and remorse 
2. His positive factors outweighed his negative factors 
3. He proved exceptional and extremely unusual hardship to his U.S. citizen children 
4. He met every other requirement for cancellation of removal 
5. The judge exercised discretion in his favor 

The DUIs nearly destroyed his case. Significant effort was spent overcoming them. If Victor hadn’t committed those crimes, his case would have been stronger, not weaker, It’s important to understand that although Victor’s DUIs are what triggered his removal proceedings, this does not mean the crimes ‘helped’ him in any way. The DUIs put him at risk of deportation; they did not create an immigration benefit. Cancellation of removal was simply the only defense available once the government moved to deport him. If Victor had never been placed in removal proceedings, he wouldn’t have needed cancellation at all. His criminal record didn’t make him eligible; it forced him into a dangerous situation where he had to fight to remain in the United States. His win came despite the crimes, not because of them.

The Reality 

Here’s what crimes actually do in immigration law: 

• They make you deportable. Most criminal convictions trigger removal proceedings.
• They bar you from relief. Many crimes permanently disqualify you from cancellation, adjustment of status, asylum, and other forms of relief.
• They destroy good moral character. Even minor crimes can tank your application.
• They make judges less likely to grant discretionary relief. Judges don’t reward criminal conduct.

Even when someone with a criminal record wins their case, they win in spite of the crime, not because of it. The crime is always a negative factor. Always.

Don’t Do It 

If you’re undocumented and someone tells you to commit a crime to get papers, they’re either lying to you or profoundly ignorant of immigration law. Either way, don’t listen to them.

Committing a crime doesn’t create a pathway to legal status. It creates a pathway to detention, removal proceedings, and deportation. It makes you a priority for ICE enforcement. It gives immigration judges a reason to deny your case.

Stay away from criminal activity. It will not help you. It will destroy any chance you have of staying in the United States legally.

The Bottom Line 

Victor’s case succeeded because of his rehabilitation, his family ties, his employment history, his tax compliance, and the exceptional hardship his children would face. The DUIs were obstacles that had to be overcome, not assets to be leveraged.

If you’ve already made a mistake and have a criminal record, come talk to Konare Law. The Firm may be able to help you overcome it. But don’t make the mistake in the first place thinking it will somehow help you get papers. That’s not how immigration law works. That’s not how anything works.

Konare Law provides expert deportation defense, appeals, waivers, and immigration representation in Maryland, Florida, and California. Call (833) 888-0417.

This article is for informational purposes only and does not constitute legal advice. Every immigration case is different, and you should consult an attorney about your specific situation.