We serve immigration clients nationwide. Contact Us to schedule a consultation with one of our lawyers today.
Here’s something that happens more often than you’d think: someone gets arrested for something relatively minor. A DUI. A shoplifting charge. A bar fight. Their criminal defense attorney negotiates what seems like a great deal, probation, community service, case closed.
Except it’s not closed. Not for immigration.
What looks like a win in criminal court can be a disaster for your immigration case. A guilty plea that keeps you out of jail can trigger deportation. A dismissed charge that still shows up on your record can complicate a green card application years later. This is the intersection of criminal law and immigration law, immigration lawyers call it crimmigration.
U.S. immigration law treats criminal history very differently than the criminal justice system does. A crime that criminal court considers minor can be classified as a serious immigration offense. Criminal convictions can:
And it’s not just convictions. In some cases, even an arrest without a conviction, a pending charge, or an admission of criminal conduct can have immigration consequences.
This is the worst category for immigration purposes. If convicted of an aggravated felony, you are almost certainly deportable, barred from most forms of relief, and face a permanent bar to re-entering the United States. The immigration definition of ‘aggravated felony’ is broader than you might expect, it includes murder, rape, and drug trafficking, but also theft offenses with sentences of one year or more (even if suspended), certain fraud offenses involving more than $10,000, and some crimes of violence. A state misdemeanor can qualify as an immigration aggravated felony.
Generally defined as conduct that is inherently base, vile, or depraved, including fraud, theft, certain assaults, and many sex offenses. One CIMT committed within 5 years of admission can make you deportable. Two CIMTs committed at any time can make you deportable.
Almost any drug-related conviction makes you deportable and inadmissible. This includes simple possession (with one narrow exception). Drug trafficking is an aggravated felony. Even in states where marijuana is legal, a marijuana conviction can destroy an immigration case, federal law still classifies marijuana as a controlled substance, and immigration law follows federal law.
A single DUI without aggravating factors generally won’t make you deportable on its own. However, multiple DUIs can suggest lack of good moral character for citizenship. A DUI with aggravating factors (injury, a child in the car, extremely high BAC) may be treated more seriously. And if you’re undocumented and get pulled over for a DUI, the arrest itself can put you on ICE’s radar.
Domestic violence, stalking, child abuse, child neglect, and violations of protection orders are all grounds for deportation regardless of how long you’ve been in the United States.
Someone gets charged with a crime. Their criminal defense attorney negotiates a plea, lesser charge, probation, no jail time. The client thinks it’s over. Then they file for a green card or citizenship and USCIS sees the conviction. Or worse, ICE picks them up.
Criminal lawyers measure success by keeping you out of jail. Immigration lawyers measure success by keeping you in the country. Sometimes those goals require very different strategies.
⚠️ Before accepting any plea deal, any immigrant should consult with an immigration attorney. The Supreme Court ruled in Padilla v. Kentucky (2010) that defense attorneys must advise their clients about immigration consequences of guilty pleas. In practice, this advice is often inadequate or missing entirely. Call Godoy Law Office at (630) 345-4164 before you accept any plea.
It depends on the specific offense, the sentence, and the circumstances. Many people with criminal records can still obtain immigration benefits:
Every situation is highly fact-specific and requires a lawyer who understands both criminal and immigration law.
It can. Theft, fraud, drug possession, assault, and domestic violence misdemeanors can all create problems. The key is how the offense is classified under immigration law, not how the state labels it.
A single simple DUI possibly does not make you deportable on its own. However, multiple DUIs, a DUI with aggravating factors, or a DUI combined with other issues can create grounds for removal. If you’re undocumented, a DUI arrest can also result in an ICE encounter.
Exercise your right to remain silent. Ask for an attorney. Do not sign any documents without legal counsel. Do not discuss your immigration status with the police. Contact an immigration attorney as soon as possible, ideally before your criminal case is resolved.
In most cases, yes. Federal immigration law generally does not recognize state expungements. Even if a conviction is expunged under state law, USCIS and immigration courts may still treat it as a conviction. There are some exceptions depending on the specific state law and circumstances.
The attorneys at Godoy Law Office represent individuals at the intersection of criminal law and immigration law. We understand how a criminal case can impact your immigration case, and we work to protect both.
If you’ve been arrested, charged, or convicted and you’re worried about your immigration status, call us before you accept any plea deal or make any immigration filing.
📞 Call us today at 630-345-4164 for a consultation.
🌐 Serving clients from 8 office locations:
Oak Brook • Waukegan • Elgin • Orland Park • Berwyn • Aurora • Joliet • Chicago (Beverly)
Serving all of Chicago, Illinois and nationwide. Se habla español.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
