For noncitizens living in the U.S., a criminal charge can do more than result in fines or jail time—it can also have severe immigration consequences. Even minor offenses can put lawful status at risk, lead to visa revocation, or trigger deportation proceedings. Understanding how criminal charges affect immigration status is crucial for anyone facing legal trouble, as the consequences can be life-altering.

Understanding the Connection Between Criminal Law and Immigration

Immigration and criminal law intersect in complex ways, often leading to serious consequences for noncitizens. When a noncitizen is arrested or convicted of a crime, Immigration and Customs Enforcement (ICE) may become involved, especially if the offense is considered a deportable crime. Immigration courts then determine whether a noncitizen should be removed from the U.S. based on their criminal record.

For lawful permanent residents (LPRs), visa holders, and undocumented immigrants, a criminal conviction can mean:

• Ineligibility for green card renewal or naturalization.
• Visa cancellation and immediate removal proceedings.
• Detention by ICE pending immigration court proceedings.
• Barriers to reentry after leaving the U.S.

Given these risks, securing legal representation from both a criminal defense attorney and an immigration lawyer is essential when facing criminal charges.

Types of Criminal Charges That Can Lead to Deportation

Not all crimes result in deportation, but certain offenses are considered particularly serious under immigration law. The following categories of crimes can trigger removal proceedings:

1. Crimes of Moral Turpitude (CMT)

Crimes of moral turpitude generally involve dishonesty, fraud, or harm to another person. These can include:

• Theft and fraud offenses (e.g., shoplifting, embezzlement).
• Domestic violence or child abuse.
• Aggravated assault and battery.

A single conviction may not always lead to deportation, but multiple CMT convictions or a CMT committed within five years of entering the U.S. could make a noncitizen deportable.

2. Aggravated Felonies

Under immigration law, aggravated felonies carry the most severe consequences. Examples include:

• Drug trafficking and distribution.
• Firearm offenses.
• Violent crimes such as murder, rape, and sexual abuse of a minor.
• Fraud or tax evasion involving more than $10,000.

Being convicted of an aggravated felony can lead to mandatory deportation without the possibility of relief.

3. Controlled Substance Offenses

Drug-related crimes, even minor possession charges, can have serious immigration consequences. While some first-time offenses may be eligible for waivers, repeat offenses or drug trafficking charges almost always result in removal proceedings.

4. Immigration-Related Fraud

Providing false information on an immigration application, using fake documents, or committing marriage fraud can lead to immediate removal and a permanent ban from reentering the U.S.

How Criminal Charges Can Affect Green Card Holders and Visa Holders

Green card holders and visa holders must be especially cautious about any criminal charges, as even minor offenses can impact their ability to stay in the U.S. Some of the risks include:

• Green Card Holders: Certain convictions can result in loss of permanent resident status and prevent eligibility for naturalization.
• Temporary Visa Holders: A visa can be revoked after a criminal conviction, even if the individual has not yet been convicted in court.
• Pending Immigration Applications: An arrest or conviction can jeopardize an asylum claim, adjustment of status, or any other pending immigration relief.

Because immigration consequences vary depending on the charge and jurisdiction, consulting with an immigration attorney immediately after an arrest is crucial.

Legal Options and Defenses for Immigrants Facing Criminal Charges

If you are a noncitizen facing criminal charges, there are legal strategies available to minimize the immigration consequences. Some possible defenses include:

1. Expungement of Criminal Records

Expungement, or sealing a criminal record, may help in some cases, but it does not automatically erase the immigration consequences of a conviction. A legal consultation is necessary to determine if expungement will be beneficial for your case.

2. Waivers for Certain Criminal Offenses

Certain noncitizens may qualify for waivers that allow them to remain in the U.S. despite a criminal conviction. These include waivers for:

• Crimes of moral turpitude.
• Some controlled substance offenses.
• Fraud and misrepresentation.

Applying for a waiver requires demonstrating strong ties to the U.S. and showing that deportation would cause extreme hardship to family members.

3. Post-Conviction Relief

If a conviction puts your immigration status at risk, seeking post-conviction relief may help. This could involve:

• Withdrawing a guilty plea.
• Reducing a felony charge to a misdemeanor.
• Challenging the conviction based on procedural errors.

Because criminal and immigration law are deeply interconnected, working with an attorney who understands both areas is essential for protecting your legal status.

How Law Group International Can Help Immigrants Facing Criminal Charges

At Law Group International, we specialize in helping noncitizens navigate the challenges of criminal charges and their impact on immigration status. Our experienced legal team understands both criminal and immigration law, allowing us to provide comprehensive defense strategies for our clients.

Our Services Include:

• Strategic Legal Defense: We work to minimize the immigration consequences of criminal charges.
• Representation in Immigration Court: If you are facing removal, we fight for your right to stay in the U.S.
• Waiver and Relief Applications: We assist in applying for waivers that may allow you to remain in the U.S.
• Post-Conviction Relief: If you have already been convicted, we explore legal remedies to protect your status.

Take Action Now: Protect Your Immigration Status

If you or a loved one is facing criminal charges that could impact your immigration status, seeking legal counsel immediately is crucial. A mistake in handling your case could result in deportation, denial of a green card, or loss of future immigration benefits.

At Law Group International, we are committed to providing expert legal defense for immigrants. Contact us today to schedule a consultation and take the first step in safeguarding your future in the U.S.