Post Single

For immigrants in the United States, even a minor criminal charge can have life-changing consequences. What may seem like a simple arrest or court appearance can quickly turn into a threat of deportation, denial of immigration benefits, or separation from family.

How Criminal Charges Affect Immigration Status

Immigration law treats criminal charges very differently from what most people expect. Even charges that seem small under state law can have severe immigration consequences.

Possible outcomes include:

• Deportation (Removal Proceedings): A criminal conviction may trigger removal proceedings, even for lawful permanent residents (green card holders).
• Ineligibility for Asylum or Green Card: Certain crimes disqualify applicants from seeking or maintaining legal status.
• Loss of Immigration Benefits: Pending applications for asylum, adjustment of status, or naturalization may be denied.
• Detention by ICE: Immigrants with certain convictions may be held in detention without bond.

Types of Crimes That Impact Immigration

1. Crimes Involving Moral Turpitude (CIMTs)

• Examples: theft, fraud, domestic violence, or assault.
• Effect: One CIMT may be enough to block a green card or trigger removal.

2. Aggravated Felonies

• Examples: drug trafficking, burglary, rape, murder.
• Effect: Considered the most serious under immigration law — almost always leads to deportation with very limited defenses.

3. Drug Offenses

• Even minor drug possession (other than small amounts of marijuana) can make an immigrant deportable.

4. Domestic Violence & Protective Order Violations

• Immigration law has strict rules about crimes involving family or household members.

5. Multiple Convictions

• Even two or more less serious convictions can add up to deportability.

Immigration Proceedings After a Criminal Arrest

If you are arrested, your case may involve two different systems:

1. Criminal Court: Where the state handles the charges.
2. Immigration Court: Where ICE and the Department of Homeland Security (DHS) may seek to remove you.

These two systems overlap but do not always work together, which makes having an attorney experienced in both criminal defense and immigration law essential.

What to Do if You Are an Immigrant Facing Criminal Charges

• Do not plead guilty without legal advice. Many immigrants accept plea deals that make their immigration situation worse.
• Hire an attorney who understands immigration law. Not all criminal defense lawyers know the immigration consequences of charges.
• Act quickly. Immigration and criminal deadlines are strict — the earlier you seek help, the more options you may have.
• Know your rights. You have the right to remain silent, to an attorney, and to defend yourself in both criminal and immigration proceedings.

Criminal charges and immigration status are deeply connected, and the stakes are high. A single mistake in criminal court can mean losing your right to stay in the U.S. That’s why it is critical to have an attorney who understands both sides of the law.