For non-citizens living in the United States, a criminal conviction is not just a criminal matter — it is an immigration matter. A plea that seems minor from a criminal standpoint can have catastrophic immigration consequences, including mandatory deportation with no possibility of relief.
Deportability
The Immigration and Nationality Act makes non-citizens deportable for a wide range of criminal convictions, including:
- Aggravated felonies (a term of art in immigration law that includes many offenses that are not felonies under state law)
- Crimes involving moral turpitude
- Drug offenses (including simple possession in many cases)
- Domestic violence offenses
- Firearm offenses
- Crimes against children
Inadmissibility
Even without deportation, a conviction can make a person inadmissible — meaning they cannot reenter the U.S. after travel abroad, cannot adjust status to lawful permanent resident, and cannot obtain a visa. This affects green card holders and visa holders alike.
Naturalization
Certain convictions permanently bar naturalization to U.S. citizenship or reset the clock on the “good moral character” requirement. Even expunged convictions can count for immigration purposes.
The Padilla Obligation
The U.S. Supreme Court held in Padilla v. Kentucky that criminal defense attorneys are constitutionally required to advise non-citizen clients about the immigration consequences of a guilty plea. If you were not told about immigration consequences before accepting a plea, you may have grounds to challenge that conviction.
Get Advice Before Pleading
The time to address immigration consequences is before a plea is entered, not after. Attorney Christopher Carson handles both criminal defense and immigration matters and can evaluate the full picture before you make any decisions. Call (262) 860-8932.