How Criminal Charges Affect Immigration Status

If you're not a U.S. citizen, even a single criminal charge or arrest can put your immigration status at risk. Whether you're applying for a green card, renewing a visa, or trying to become a U.S. citizen, it’s important to understand how the immigration system views criminal offenses—and what options you may have if you’ve been charged or convicted.

Arrests and Immigration: Not the Same as Conviction, But Still Serious

An arrest alone does not equal a conviction, but immigration officers can still consider it when evaluating moral character or deciding whether to grant a benefit. For example, someone with a pending arrest for domestic violence or DUI might face delays or extra scrutiny in a green card or naturalization case, even if the case hasn’t been resolved.

Immigration officials can look at police reports, charging documents, and even dismissed cases when assessing someone’s history. That’s why it's important to address any arrest seriously, even if you were never convicted.

If you are not a U.S. citizen and are currently facing criminal charges, it is essential that your criminal defense attorney understands the immigration consequences of different outcomes, or consults with an immigration attorney who does. The way your case is handled can make the difference between staying in the country or facing removal.

How Convictions Affect Immigration Status

U.S. immigration law has strict rules about criminal convictions. Some crimes can lead to deportation, denial of entry, or ineligibility for green cards or citizenship, even if the offense happened many years ago.

Here are a few examples of how certain convictions affect immigration:

• Crimes Involving Moral Turpitude (CIMTs): These include fraud, theft, domestic violence, and certain assault charges. A single conviction may not be fatal, but multiple CIMTs or a serious offense can lead to removal or denial of benefits.

• Aggravated Felonies: This term doesn’t always mean the crime was a felony under state law. It includes many offenses like drug trafficking, sexual abuse, and certain theft or firearms convictions. Aggravated felonies carry the most serious immigration consequences and can make someone permanently ineligible for most forms of relief.

• Controlled Substance Offenses: Convictions involving drugs (other than a one-time offense for simple possession of 30 grams or less of marijuana) often result in automatic denial of green cards and other immigration consequences such as deportation.

• Domestic Violence and Protective Orders: Convictions for domestic violence, stalking, or child abuse, as well as violations of protective orders, can lead to deportation.

Even minor or misdemeanor convictions can have serious consequences under immigration law.

Consequences for Different Immigration Situations

• Green Card Applicants: Criminal history can lead to denial of adjustment of status, especially if it involves drugs, violence, or fraud.

• Permanent Residents (Green Card Holders): Convictions can lead to loss of green card and removal proceedings.

• Visa Holders: A conviction could result in visa revocation, denial of re-entry, or inadmissibility for future visa applications.

• Naturalization Applicants: USCIS checks for “good moral character” during the 5- or 3-year period before applying. Even older convictions can still be reviewed and considered by USCIS officers.

If you have any kind of criminal record and plan to apply for a visa, green card, or citizenship, you should consult with an immigration attorney before filing. A professional review could help avoid serious mistakes that lead to denial or worse, removal.

What Is Post-Conviction Relief and How Can It Help?

Post-conviction relief is a legal process to challenge or modify a criminal conviction after the case has ended. This may involve:

• Vacating a conviction based on constitutional or procedural errors

• Reducing charges to avoid immigration consequences

• Modifying a sentence to avoid triggering immigration bars

If your conviction was legally flawed or you were not advised of the immigration consequences, post-conviction relief might help protect your status or reopen your immigration case.

Important: Simply expunging or sealing a record usually does not erase a conviction for immigration purposes. You should speak with both a criminal defense attorney and an experienced immigration attorney before pursuing relief.

Stay Informed

Criminal charges and convictions can have a lasting impact on your immigration future. If you’re unsure how your criminal history might affect your status, don’t guess, get legal advice before you apply for anything.

Tran Flores Law is here to help. Schedule a consultation to get clear, honest guidance tailored to your situation. The right legal advice today could make all the difference tomorrow.