Criminal charges can have life‑changing consequences for noncitizens, affecting not only freedom but also the ability to stay in or return to the United States. In immigration cases, a carefully planned criminal defense is essential to protect both your criminal record and your immigration status.
When a noncitizen is arrested or charged with a crime, the case does not end with the criminal court. A conviction, a guilty plea, or even certain admissions can trigger deportation, bar you from coming back to the United States, or make you ineligible for a green card or citizenship. Many offenses that may seem “minor” under state law can be treated very seriously under federal immigration law, including crimes involving moral turpitude, controlled substance offenses, domestic violence, theft, and some driving offenses. Because of this, criminal and immigration strategies must be coordinated from the very beginning of the case.
Criminal cases can affect immigration in several ways:
- Placing you into removal (deportation) proceedings after an arrest, conviction, or jail sentence.
- Making you inadmissible, which can block you from getting a visa, green card, or reentering the U.S. in the future.
- Making you deportable, even if you already hold a green card or long‑term status.
- Disqualifying you from asylum, cancellation of removal, certain waivers, or naturalization.
Even dismissed charges, diversion programs, or “no contest” pleas can have unexpected immigration impacts, so it is critical to get advice before you decide how to resolve a criminal case.
In cases involving noncitizens, effective criminal defense must consider both court consequences and immigration consequences at every step. Our approach typically includes:
- Carefully reviewing the charges, evidence, and your current immigration status.
- Identifying immigration‑safe defenses and negotiating strategies whenever possible.
- Working to avoid convictions that create deportation or inadmissibility grounds, or to restructure a plea to reduce immigration risk.
- Coordinating with your immigration case, including pending applications, prior orders, or ongoing removal proceedings.
In many situations, the goal is not only to fight the criminal case, but also to shape any outcome in a way that preserves your best possible options in Immigration Court or before USCIS.
We represent noncitizens facing a wide range of criminal charges that can impact immigration status, including:
- Drug offenses, from possession to distribution and related charges.
- Theft, fraud, and other property crimes.
- Domestic violence, battery, and related family‑law‑connected offenses.
- DUI and driving‑related offenses, especially when there are prior convictions or injuries.
- Weapons offenses and other serious felony charges.
Every case is different, and the immigration impact of any charge depends on the exact statute, the sentence, and your prior record. A detailed, individualized analysis is essential before entering any plea.
Not every criminal defense attorney is familiar with the complex ways that immigration law treats criminal convictions. For non-citizens, the risk of deportation or permanent separation from family can be more serious than the criminal sentence itself. A lawyer who understands both criminal defense and immigration law can:
- Explain the immigration risks of each option in your criminal case.
- Work with prosecutors and the court to pursue resolutions that limit those risks when possible.
- Coordinate your criminal defense with your current or future immigration applications.
- Help you plan for possible removal proceedings or other immigration actions that may follow.
If you are not a U.S. citizen and are facing criminal charges—or if you already have a conviction and are worried about immigration consequences—contact our office as soon as possible. Early, informed representation can make a critical difference for both your criminal record and your future in the United States.