Getting charged with a crime is stressful for anyone. When you’re not a U.S. citizen, the stakes are even higher. A criminal charge can affect your immigration status, ability to stay in the country, or chances of becoming a lawful permanent resident or citizen. It can even lead to removal (deportation) proceedings.
If you face criminal charges and immigration consequences are on the line, your defense strategy needs to be carefully planned. It’s not just about avoiding jail time or fines—your future in the United States may depend on how your case is handled.
Here’s why defending your case with immigration in mind is important, what defense strategies might be used, and how criminal and immigration attorneys can work together to protect you.
Why Criminal Charges Affect Immigration Status
U.S. immigration law classifies certain crimes as grounds of inadmissibility or deportability. These can include:
- Crimes involving moral turpitude (such as fraud, theft, or violence)
- Drug offenses
- Domestic violence or stalking
- Firearms violations
- Aggravated felonies (a broad category including serious crimes)
Even a conviction for what may seem like a minor offense can trigger immigration problems. For example, a DUI conviction or a theft charge may lead to removal or bar you from adjusting status.
In some cases, charges or convictions can cause you to lose existing immigration benefits or prevent you from obtaining new ones. This is why addressing immigration consequences early in your criminal case is critical.
Coordinating Criminal Defense With Immigration Concerns
If you are not a citizen and face criminal charges, it’s important to have both a criminal defense lawyer and an immigration attorney involved from the start. Here’s why:
- Some criminal defenses can prevent a conviction, but may carry other risks for immigration.
- Plea deals that look favorable in court may still trigger deportation or inadmissibility.
- Your defense attorney may not fully understand how immigration law applies to your case without consultation.
- Immigration lawyers can suggest alternative charges or legal options that minimize immigration harm.
By working together, both attorneys can develop a defense plan that balances criminal and immigration risks.
Common Defense Strategies to Protect Immigration Status
Challenging the Charges
Aggressively challenging the evidence, questioning witness credibility, or arguing lack of intent can sometimes lead to dropped charges or dismissal. Avoiding conviction entirely is the best way to prevent immigration consequences.
Seeking Lesser Charges
If the original charge carries severe immigration penalties, negotiating a plea to a lesser offense that does not trigger deportation or inadmissibility may be an option. For example, pleading to a non-moral turpitude offense instead of a crime involving moral turpitude.
Utilizing Diversion or Deferred Dispositions
In Virginia and other states, some offenses may qualify for diversion programs or deferred adjudication. These programs allow defendants to avoid formal convictions if they complete certain conditions, such as community service or counseling. Successful completion may prevent a conviction from counting against you in immigration matters.
However, it’s essential to check whether the immigration authorities will count participation in these programs as a conviction or offense.
Avoiding Guilty Pleas Without Immigration Advice
Many defendants plead guilty without fully understanding immigration consequences. This can lead to automatic deportation or loss of benefits. Always consult with an immigration attorney before accepting any plea deals.
Filing Motions to Withdraw Pleas
If you have already pleaded guilty without knowing the immigration risks, in some cases, you may be able to withdraw your plea and seek other options. This is a complicated process, but it can save your immigration status.
Exploring Post-Conviction Relief
Certain motions can reduce or vacate convictions after the fact. For example, challenging convictions that do not meet the definition of aggravated felonies under immigration law or that involve constitutional violations. Post-conviction relief can sometimes remove grounds for deportation or inadmissibility.
Preparing for Immigration Hearings
If removal proceedings are initiated, having a solid criminal defense record or showing that your conviction does not make you removable can help. In some cases, defenses like cancellation of removal, asylum, or adjustment of status may be available.
Understanding the Consequences of a Conviction
Even if a criminal case results in a conviction, the immigration consequences vary based on:
- The exact nature of the offense
- Whether it is classified as an aggravated felony under immigration law
- Whether it is a crime involving moral turpitude
- Whether it qualifies as a controlled substance offense
- Your immigration status and eligibility for relief
An experienced immigration attorney can carefully analyze the charges and convictions to predict consequences and suggest defenses or relief.
The Importance of Early Action
The best chance to protect your immigration status is early in the criminal case. Waiting until after conviction or removal proceedings have started often limits your options.
If you’re arrested or charged with a crime, seek legal help immediately. Don’t delay. The decisions you make early on, such as whether to accept a plea or go to trial, can shape your immigration future.
What You Can Do Now
- Contact an immigration attorney who understands criminal law and can advise you on consequences specific to your case.
- If possible, work with a criminal defense lawyer who coordinates with your immigration counsel.
- Gather all relevant information about your charges, criminal history, and immigration status.
- Be honest and provide full details to your attorneys.
- Avoid signing any plea agreements without first consulting an immigration expert.
How Saavedra & Perez Law Can Help
At Saavedra & Perez Law, we understand how complex the intersection of criminal and immigration law can be. Our team works closely with criminal defense lawyers to build strategies that protect your legal rights in both courts.
Whether you’re facing minor charges or serious felony allegations, we evaluate the immigration impact and guide you on the best path forward. We help clients avoid pitfalls that could lead to deportation or denial of benefits. Our goal is to protect your future in the United States while aggressively defending your case.
Facing criminal charges while worrying about immigration consequences is overwhelming. But you don’t have to face it alone. Early and coordinated legal help can make all the difference. If you or a loved one is charged with a crime and concerned about immigration, contact Saavedra & Perez Law as soon as possible. We are here to fight for your rights and your future.