Immigration Consequences of Criminal Convictions
If you are a non-citizen facing criminal charges or removal proceedings, it is critical to retain counsel that understands how criminal convictions impact immigration status. At Thompson Law Advocates, we offer deep knowledge, practical strategies, and a client-focused approach designed to minimize or eliminate immigration consequences whenever possible.
Understanding the Immigration Consequences of Criminal Convictions
Immigration law is notoriously complex, and its intersection with criminal law makes it even more daunting. Not all criminal offenses carry immigration consequences, but many do—and the penalties can be severe, including deportation, detention, loss of immigration benefits, and permanent inadmissibility to the U.S.
Key Legal Frameworks
Several statutes govern when and how a criminal conviction affects immigration status:
- Immigration and Nationality Act (INA) – The INA sets forth the grounds of inadmissibility (§212) and deportability (§237). Under these provisions, non-citizens may be denied admission, green cards, visas, or naturalization—or be removed (deported) altogether—based on certain criminal conduct.
- INA § 237(a)(2): Provides a detailed list of deportable offenses, including:
- Crimes involving moral turpitude (CIMTs)
- Multiple criminal convictions
- Aggravated felonies
- Controlled substance violations
- Firearm offenses
- Domestic violence-related offenses
- INA § 212(a)(2): Defines inadmissibility based on:
- One or more crimes involving moral turpitude
- Drug-related offenses
- Prostitution and commercialized vice
- Serious criminal activity
- INA § 101(a)(43): Defines “aggravated felonies,” a classification that carries the harshest immigration consequences, often including mandatory detention and permanent removal.
These statutes are applied strictly and frequently interpreted in favor of enforcement. Even if a person has lawful permanent residence or other valid immigration status, a conviction can trigger proceedings for removal.
Common Criminal Offenses That Trigger Immigration Penalties
- Crimes Involving Moral Turpitude (CIMTs)
These include crimes such as fraud, theft, domestic violence, and certain types of assault. A CIMT can trigger removal if:
- The non-citizen is convicted within five years of admission and the sentence is one year or more.
- There are two or more CIMT convictions not arising from a single scheme.
- Aggravated Felonies
Though the name suggests serious crimes, some nonviolent or low-level offenses—like theft or tax fraud—can qualify as aggravated felonies under INA § 101(a)(43). Consequences include:
- Ineligibility for most forms of relief (e.g., asylum, cancellation of removal)
- Permanent inadmissibility
- Mandatory detention
- Controlled Substance Offenses
Any drug conviction—other than a single offense involving 30g or less of marijuana—can result in deportation. Even paraphernalia charges can be grounds for removal.
- Domestic Violence, Stalking, and Protective Order Violations
Convictions for these offenses can lead to removal under INA § 237(a)(2)(E), as can violations of protection orders.
- Firearm Offenses
Under INA § 237(a)(2)(C), any conviction relating to the possession, use, or sale of a firearm or destructive device renders a non-citizen deportable.
The Supreme Court’s Guidance: Padilla v. Kentucky
In Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court held that criminal defense attorneys must advise non-citizen clients about the immigration consequences of a guilty plea. Failure to do so constitutes ineffective assistance of counsel under the Sixth Amendment.
This decision has significant implications for post-conviction relief. If you were not advised of the immigration consequences of a plea, you may be eligible to have that conviction vacated—a crucial step in avoiding deportation.
How Thompson Law Advocates Can Help
1. Pre-Charge and Pre-Plea Counseling
We advise non-citizens charged with crimes on how to resolve the case without incurring immigration consequences. This includes:
- Negotiating plea agreements that avoid deportability
- Steering toward alternative charges or dispositions
- Working closely with criminal defense counsel to ensure constitutional compliance under Padilla
2. Deportation Defense and Removal Proceedings
We provide robust representation in immigration court, including:
- Bond hearings
- Motions to terminate or suppress
- Applications for relief from removal, such as:
- Cancellation of removal
- Asylum
- Withholding of removal
- Convention Against Torture (CAT) protection
- Waivers of inadmissibility
3. Post-Conviction Relief
If a conviction is already causing or could cause removal, we pursue post-conviction options, such as:
- Motions to withdraw guilty pleas
- Vacating convictions based on ineffective assistance
- Filing coram nobis petitions
- Working with criminal defense attorneys to modify sentences or expunge records
4. Naturalization and Green Card Applications
Some convictions bar naturalization or adjustment of status. We analyze your criminal history before filing, help you obtain necessary waivers, and represent you before USCIS to protect your path to citizenship or permanent residence.
5. Appeals and Federal Litigation
Our firm has handled appeals before the Board of Immigration Appeals (BIA) and federal courts, challenging unjust removals, improper application of the INA, and constitutional violations. When necessary, we file habeas corpus petitions to challenge unlawful detention.
Why Choose Thompson Law Advocates?
- Experienced Leadership: Peter Thompson has advised thousands of defense attorneys on immigration issues and has handled both trial and appellate matters at the highest levels.
- Immigration-Criminal Law Experience: Few firms focus exclusively on this intersection of law. We do—and we do it with unmatched focus and professionalism.
- Client-Centered Advocacy: We tailor each strategy to your specific background, immigration goals, and case history. Whether you’re facing a first-time offense or complex immigration proceedings, we treat your case with urgency and respect.
- Multicultural Understanding: We serve clients from a broad range of cultures, communities, and languages. We are committed to clear communication and culturally sensitive advocacy.
FAQs About Criminal Convictions and Immigration
Q: Will a misdemeanor conviction affect my immigration status?
A: It can. While not all misdemeanors are deportable offenses, some (e.g., domestic violence, theft, or drug possession) may trigger removal proceedings or bar future immigration benefits.
Q: I already pled guilty—can I still do anything?
A: Possibly. If your attorney failed to advise you of immigration consequences (as required under Padilla), you may be able to reopen your case or vacate the plea.
Q: I have a green card. Can I still be deported?
A: Yes. Lawful permanent residents can be deported for certain criminal convictions, especially aggravated felonies and multiple CIMTs.
Contact Us for a Consultation
If you or a loved one is a non-citizen facing criminal charges or immigration consequences, do not wait. These cases are complex and time-sensitive. A mistake now can lead to detention, denial of status, or permanent banishment from the United States. Contact us today for a consultation.