Understanding Immigration Status and Criminal Convictions
Immigrants facing criminal charges find themselves dealing with two separate legal systems—criminal law and immigration law. A conviction can trigger severe immigration consequences, even for lawful residents. Some offenses lead to immediate removal, while others make it harder to obtain or renew a visa.
The Interaction of the Criminal and Immigration Systems
Criminal and immigration courts operate independently, but they overlap in significant ways. A guilty plea or conviction doesn’t just result in penalties like fines or jail time—it can also lead to detention by Immigration and Customs Enforcement (ICE) and the start of removal proceedings. Even if a sentence is suspended or served in probation, immigration consequences can still apply.
Legal status plays a significant role in determining what happens next. Green card holders may be deported for certain offenses, while visa holders can lose their right to remain in the U.S.. Undocumented individuals face the greatest risk, as any criminal charge can put them on ICE’s radar. Because of these risks, it’s important for immigrants to consider both criminal and immigration law before making any legal decisions.
Categories of Crimes and Immigration Repercussions
Not all criminal offenses lead to deportation, but certain categories of crimes carry serious immigration consequences. Immigration law classifies crimes into specific categories. Understanding how these classifications affect immigration status is vital for anyone facing criminal charges.
What Crimes Affect Immigration?
Certain criminal offenses can lead to serious immigration consequences, including deportation, visa denials, and ineligibility for legal status. Some crimes trigger automatic removal, while others may require a judge to determine whether they warrant deportation. Immigration law categorizes these offenses into three main groups: aggravated felonies, crimes involving moral turpitude, and drug offenses.
Aggravated Felonies
Aggravated felonies are among the most serious offenses under immigration law. Despite the term “felony,” some crimes classified as aggravated felonies under immigration law may be misdemeanors under state law. A conviction for an aggravated felony can lead to immediate deportation, a permanent ban on reentry, and the loss of asylum eligibility.
Common aggravated felonies include:
- Murder and violent crimes – Homicide, sexual assault, and certain firearm offenses.
- Drug trafficking – The sale, distribution, or large-scale possession of controlled substances.
- Fraud and certain theft offenses– Crimes involving more than $10,000 in financial loss.
- Certain firearm offenses – Possession or use of a firearm in connection with a crime.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude (CIMTs) are offenses that involve dishonesty, fraud, or behavior that immigration law considers morally wrong. Even a single CIMT can make a visa holder inadmissible or put a green card holder at risk of removal.
Examples of CIMTs include:
- Fraud and financial crimes – Identity theft, credit card fraud, and embezzlement.
- Violent offenses – Domestic violence, assault with intent to cause harm, and robbery.
- Theft and burglary – Shoplifting, grand theft, and burglary with intent to commit a crime.
Whether a crime qualifies as a CIMT depends on the circumstances and intent behind the act. Some offenses are automatically considered CIMTs, while others require an immigration judge to review the case.
Drug Offenses
Drug-related crimes are a leading cause of deportation for immigrants. Even minor offenses, such as simple possession, can have serious immigration consequences. Convictions for possession of controlled substances (including marijuana), drug trafficking, or drug paraphernalia can result in inadmissibility or removal. Any involvement in the sale, manufacture, or distribution of drugs leads to automatic deportation. Since immigration law treats drug offenses harshly, legal guidance is essential in these cases.
Can a Misdemeanor Affect Immigration?
A misdemeanor may not seem serious, but it can still affect your immigration status. Some misdemeanors can lead to deportation, visa denials, or prevent you from obtaining a green card. The consequences depend on the type of crime and your immigration status.
Crimes involving moral turpitude, such as theft or fraud, can make a visa applicant inadmissible or put a green card holder at risk of removal. Drug-related offenses, even minor possession, often result in immigration consequences. Domestic violence and assault charges can also trigger deportation, especially if they involve threats or injury.
Even if a misdemeanor does not result in immediate removal, it can still create obstacles for citizenship, visa renewals, or status adjustments. A sentence of one year or more may even be treated as an aggravated felony under immigration law. Due to these risks, it’s important to approach any charge carefully.
Common Criminal Charges Against Immigrants
Certain criminal charges are more likely to affect immigrants, even if they seem minor under state law. Some offenses lead to immediate immigration consequences, while others complicate future applications for visas or green cards.
Common criminal charges that impact immigration status include:
- DUI (Driving Under the Influence) – A single DUI can trigger deportation proceedings in some cases. Multiple DUI offenses or DUI cases with aggravating factors (such as injuries) further affect a broader range on non-citizens.
- Domestic violence – Any conviction related to domestic violence, stalking, or violating a protective order can make an immigrant deportable.
- Theft and fraud – Shoplifting, credit card fraud, or identity theft often qualify as crimes involving moral turpitude.
- Drug offenses – Even minor possession charges can lead to deportation or visa ineligibility.
- Assault and violent crimes – Charges involving bodily harm, weapons, or threats can have severe immigration consequences.
Even misdemeanor versions of these offenses may lead to removal proceedings or prevent an immigrant from obtaining legal status.
Immigration Consequences of a Criminal Conviction Beyond Deportation
Deportation is one of the most serious consequences of a criminal conviction, but it’s not the only one. Even if an immigrant avoids removal, a conviction can still affect their legal status and future immigration opportunities.
Other immigration consequences of a criminal conviction include:
- Visa denials – A past conviction can make an immigrant ineligible for a visa, preventing them from reentering the U.S. after traveling abroad.
- Green card ineligibility – Certain crimes, including aggravated felonies and CIMTs, can prevent a permanent resident from renewing or maintaining their green card.
- Citizenship barriers – A criminal record can prevent an immigrant from becoming a U.S. citizen, especially if it affects their ability to prove “good moral character.”
- Travel restrictions – Traveling outside the U.S. with a criminal conviction can lead to denial of reentry, even for green card holders.
These long-term consequences make it critical for immigrants to fight criminal charges carefully.
Impact of Criminal Charges on Different Immigration Statuses
The immigration consequences of a criminal charge depend on a person’s legal status in the U.S. Green card holders, visa holders, and asylum seekers each face unique challenges when dealing with a criminal record.
Permanent Residents
Lawful permanent residents (green card holders) have more legal protections than non-immigrants, but they are not immune to deportation. A criminal conviction can put a green card holder at risk of removal, especially for:
- Aggravated felonies – Certain crimes, such as drug trafficking or fraud involving more than $10,000, trigger automatic deportation.
- Crimes involving moral turpitude – A single CIMT within the first five years of obtaining a green card, or two CIMTs at any time, can lead to removal.
- Drug offenses – Almost any drug conviction, except for simple possession of 30 grams or less of marijuana, makes a green card holder deportable.
Even if a conviction does not lead to immediate deportation, it can still affect naturalization. To become a U.S. citizen, a green card holder must show “good moral character.” A criminal record can delay or prevent an immigrant from applying for citizenship.
Visa Holders
Non-immigrant visa holders, such as those on student, work, or tourist visas, face even stricter immigration consequences for criminal charges. Since visa holders do not have the same rights as permanent residents, a single conviction can lead to:
- Visa revocation – Many visa holders find that their visas are automatically canceled after an arrest, even before a conviction.
- Denial of future visa applications – A criminal record can make renewing or obtaining a new visa impossible.
- Inadmissibility – If a visa holder leaves the U.S. after a conviction, they may be denied reentry based on their criminal history.
Because non-immigrant visas are temporary, U.S. immigration authorities take criminal records seriously. Even a misdemeanor can be enough to prevent a visa holder from staying in the country legally.
Asylum Seekers
Asylum seekers and refugees rely on their ability to prove they need protection from persecution. A criminal conviction can complicate this process, especially if the crime is considered particularly serious.
- Bars to asylum – Certain crimes, including aggravated felonies and drug offenses, can make an asylum seeker ineligible for protection.
- Loss of refugee status – If a refugee commits a crime, they may lose their legal status and face deportation.
- Withholding of removal complications – Some immigrants who are not eligible for asylum can still apply for withholding of removal, but serious criminal convictions may prevent them from qualifying.
Since asylum is based on humanitarian protection, U.S. immigration authorities carefully evaluate whether an applicant’s criminal record poses a risk to public safety. Even if an asylum seeker is not deported immediately, a criminal charge can make it much harder to secure long-term legal status.
Legal Defense and Mitigation Strategies
For immigrants facing criminal charges, the right legal strategy can mean the difference between staying in the U.S. and facing deportation. Criminal defense attorneys and immigration lawyers work to minimize the impact of a conviction on a person’s immigration status.
Legal Defense Strategies and Immigration Outcomes
A strong defense against criminal charges is critical for immigrants. The goal is to either get the charges dismissed or reduce them to an offense that does not carry immigration penalties. Common defense strategies include:
- Challenging the evidence – If law enforcement violated constitutional rights during an arrest or investigation, the case may be dismissed.
- Arguing lack of intent – Some offenses require proof of intent, which can be challenged in court.
- Negotiating lesser charges – A conviction for a lesser offense may avoid immigration consequences.
Even if a conviction cannot be avoided, the type of charge and sentence imposed can make a significant difference in an immigration case.
Plea Bargains and Immigration Implications
Plea deals can be dangerous for immigrants. Some plea agreements result in a conviction that triggers automatic deportation. Before accepting a plea, an immigrant should work with their attorney to:
- Avoid aggravated felonies – A plea that includes an aggravated felony will likely make a person deportable and permanently inadmissible.
- Reduce drug charges – Even a minor drug conviction can lead to removal, so negotiating for an alternative charge may be necessary.
- Minimize sentencing – A sentence of one year or more, even for a misdemeanor, can be treated as an aggravated felony.
- Terms of the plea agreement – The language of the agreement will be critical in determining whether a person is determined to have committed the crime, despite the final decision entered in state court.
In many cases, it is possible to negotiate a plea that avoids immigration consequences, but this requires careful planning.
Post-Conviction Relief and Immigration Benefits
Immigrants with past convictions may have options for post-conviction relief. In some cases, a conviction can be vacated if the guilty plea was entered without a full understanding of its immigration consequences, potentially overturning the charge. Seeking legal relief after a conviction can make a difference in an immigrant’s ability to remain in the U.S. or apply for future immigration benefits.
Waivers and Pardons for Immigration Purposes
Certain waivers and pardons can provide relief for immigrants facing removal:
- I-601 waivers – Available for some crimes involving moral turpitude.
- Governor’s pardon – A full pardon may eliminate some immigration consequences.
Since immigration law treats criminal records harshly, securing a strong defense and seeking available relief options is critical for protecting an immigrant’s future in the U.S.
Potential Defenses for Immigrants Facing Criminal Charges
Immigrants facing criminal charges may have legal defenses protecting their freedom and immigration status. Common strategies include:
- Challenging illegal searches or arrests
- Disputing intent or mistaken identity
- Negotiating reduced charges
- Asserting constitutional violations
A strong defense can help avoid severe immigration consequences.
Navigating Immigration Proceedings After Criminal Charges
A criminal conviction can trigger immigration proceedings, leading to detention, removal hearings, and possible deportation. Once a non-citizen is arrested or convicted, ICE may initiate removal proceedings, even if the person has lived in the U.S. for years.
Detention and Bond Hearings in Immigration Court
After an arrest or conviction, ICE may detain an immigrant, especially if the charge is a deportable offense. Some immigrants qualify for release on bond, while others are subject to mandatory detention—meaning they must remain in custody while their case proceeds.
At a bond hearing, an immigration judge decides whether to grant release based on the following:
- The person’s criminal history
- Whether they pose a danger to the community
- The likelihood that they will appear for future hearings
- The person’s current immigration status
If granted, bond amounts vary widely, but securing release allows an immigrant to better prepare their legal defense.
Removal Proceedings and Defenses Against Deportation
During removal proceedings, the government must prove that an immigrant is deportable. Possible defenses include:
- Asserting U.S. citizenship – Some individuals may unknowingly have a claim to citizenship.
- Cancellation of removal – Available to certain green card holders and long-term residents with qualifying family ties.
- Waivers for criminal convictions – Some immigrants may be eligible for a waiver that pardons their offense.
As experienced immigration attorneys, our team at Central Justice can argue for relief and present evidence to fight removal.
Appeals and Motions to Reopen Immigration Cases
If a judge orders deportation, immigrants still have legal options. Depending on the case, they can appeal with the Board of Immigration Appeals (BIA) or in federal court. Additionally, a motion to reopen may be filed if new evidence arises or if the conviction is vacated.
Practical Guidance for Immigrants
Facing criminal charges as an immigrant can be overwhelming, but taking the right steps early can help protect your legal status. Even minor offenses can have immigration consequences, so it’s important to act quickly and make informed decisions.
What Should I Do First if I Am an Immigrant Arrested for a Crime?
If you are arrested, your priority should be protecting both your criminal and immigration status. You should:
- Remain silent – Anything you say can be used against you in both criminal and immigration proceedings.
- Ask for a lawyer – Do not answer questions or agree to anything without an attorney present.
- Avoid signing documents – Immigration authorities may try to get you to sign a voluntary departure, which could waive your right to fight deportation.
- Inform your attorney about your immigration status – Not all criminal defense lawyers understand immigration law, so it’s essential to work with someone who does.
Can Pleading Guilty to a Crime Affect My Immigration Status?
Yes, pleading guilty can have serious immigration consequences. Some charges automatically trigger deportation, even without jail time. A conviction may also make you inadmissible, preventing reentry if you leave the U.S. Certain offenses can bar you from obtaining a green card or citizenship. Always consult an immigration attorney before accepting a plea deal.
How to Avoid Immigration Consequences of a Criminal Conviction
If you are facing charges, there are legal strategies that may help protect your immigration status. Requesting alternative charges can reduce the risk, as some offenses carry fewer immigration penalties than others. Negotiating a shorter sentence is also important since a conviction with a sentence of one year or more can be treated as an aggravated felony. In some cases, seeking post-conviction relief may allow you to vacate or modify a conviction to remove immigration consequences. Taking a proactive approach and working with an attorney can make a significant difference in minimizing the impact of a criminal charge on your future.
How to Clear Your Criminal Record as an Immigrant
Clearing a criminal record can help protect your immigration status, but not all forms of relief remove immigration consequences. Some key options include:
- Vacating a conviction – If a guilty plea was entered without understanding the immigration consequences, it may be possible to overturn the conviction.
- Post-conviction relief – Sentence modifications or pardons may help in some cases, but they do not always eliminate immigration penalties.
- Expungement – While expunging a record may help with employment or housing, it does not erase a conviction for immigration purposes.
Because immigration law treats criminal records differently than state courts, it’s important to understand which legal options can actually help prevent deportation or other penalties.
The Value of an Immigration Attorney
When facing criminal charges as an immigrant, the right legal representation can make all the difference. A conviction that seems minor under state law can lead to deportation, visa denials, or the loss of a green card. At Central Justice, we handle both criminal defense and immigration law, giving us the ability to protect your rights at every stage. Our team evaluates risks, builds strong defenses, negotiates plea deals that minimize immigration consequences, and explores post-conviction relief options. One mistake shouldn’t determine your future in the U.S. With the right legal strategy, you may be able to remain in the country and protect your immigration status.
Contact Our Orlando Immigration and Criminal Law Attorney Today
If you are an immigrant facing criminal charges, the decisions you make now can impact your ability to stay in the U.S. At Central Justice, we understand the challenges of defending both your freedom and your immigration status. Our team works to minimize the consequences of criminal charges and protect your future. Don’t wait until it’s too late—get legal help now. Contact us today for a consultation to discuss your case and explore the best options for staying in the U.S. while fighting your charges.
