Facing criminal charges as a noncitizen can seriously jeopardize your future in the United States. You may wonder, “How do criminal charges affect my immigration status?” The answer varies depending on the crime, the type of immigration status you have, and how the case is resolved in court. Some crimes can lead to deportation or removal from the United States, including misdemeanor charges.
Certain crimes (particularly those involving moral turpitude, drugs or drug trafficking offenses, and violence) carry more severe immigration consequences. If you have been charged with a crime, it is important to contact a knowledgeable attorney as soon as possible. At U.S. Law Center, our California immigration lawyers are experienced in both criminal and immigration law and can help you fight for your rights every step of the way.
Hire an Immigration Lawyer
At U.S. Law Center, we bring decades of experience handling complex immigration and criminal defense matters. Led by Sanjay Sobti, a California-licensed attorney since 1999, our firm is deeply familiar with how criminal charges impact immigration cases. We are aware of all the changing laws in this area and provide updated and effective legal representation.
If you are in the process of deportation or you would like to protect your legal status, we can provide legal strategies that are customized for your case. We work diligently to protect your rights and work towards securing your future in the United States.
The Consequences of Criminal Convictions
If you are a non-citizen and are convicted of a crime, you could be subject to deportation proceedings. This means that you could be removed from the United States and barred from returning in the future. Additionally, even if you are acquitted of a crime, being arrested or charged can lead to immigration consequences. For example, if you are arrested and detained, immigration authorities may place you in removal proceedings.
An immigration attorney can help you understand the specific immigration consequences that may result from a criminal conviction. They can also advise you on your options for relief from deportation. This can include the cancellation, removal, or adjustment of status, which may be available under certain circumstances.
Aggravated Felonies
Certain crimes are considered “aggravated felonies” under immigration law. These include heinous crimes such as murder, sexual abuse, and drug trafficking. If you are convicted of an aggravated felony, it is improbable that you will be able to remain in the United States.
An immigration attorney can help you understand what constitutes an “aggravated felony” under immigration law and provide guidance on how to defend against such charges. They can also advise you on your options for relief from deportation. This can include withholding removal or relief under the Convention Against Torture, which may be available to you even if you have been convicted of an aggravated felony.
The Interaction of the Criminal and Immigration Systems
When you are arrested and not a U.S. citizen, it is important to let your attorney know if you have any immigration status and if you have been placed in removal proceedings. The criminal justice system and immigration system are separate, but they interact in ways that can be detrimental to non-citizens. An immigration attorney can help you navigate the complexities of the criminal justice and immigration systems. They can also advise you on how to best protect your rights and interests in both proceedings.
Relief From Removal
If you are in deportation proceedings, you may be able to apply for relief from removal, such as asylum or withholding of removal. However, these forms of relief are not available to individuals convicted of certain crimes, including certain types of aggravated felonies. An immigration attorney can help you understand what forms of relief may be available. They can also assist you in preparing and presenting your case to immigration authorities.
The Value of an Immigration Attorney
An immigration attorney is a specialized legal professional trained and experienced in the field of immigration law. They provide legal representation and guidance to individuals, families, and organizations that are seeking to immigrate to a new country or are dealing with immigration-related issues.
An immigration attorney can also provide representation in immigration court. For example, if a client is facing deportation or other legal proceedings, an attorney can help them understand their rights and defend their case in court. This can be especially important for individuals or families who may need to become more familiar with the legal system or may need a better understanding of the English language.
Another vital role of an immigration attorney is to advise clients on compliance with immigration laws. This can include guidance on issues such as employment authorization, travel restrictions, and other regulations that may affect an individual’s ability to stay in a country legally. Without proper legal guidance, individuals may find themselves violating immigration laws and facing removal proceedings without having the legal background to understand their rights and options. An attorney can provide invaluable advice to those in this situation. This ensures that their rights are respected and that they can remain in their country legally to the best of their ability.
Noncitizens Make Up a Significant Portion of the Incarcerated Population
Transactional Records Access Clearinghouse (TRAC) found there were more than 13,000 noncitizens in ICE custody on one day in March 2025, and many of them were arrested for low-level or nonviolent crimes. Criminal charges often lead to immigration consequences, as these two systems can intersect and lead to punishment on both fronts.
Your immigration status will influence your criminal case, while your criminal case will have effects on your immigration status. A good immigration attorney can coordinate with your criminal defense lawyer to mitigate any long-term immigration consequences.
FAQs
Q: What Crimes Affect Immigration Status?
A: Certain convictions, particularly those defined as “aggravated felonies” for immigration purposes, can have serious immigration consequences for noncitizens, such as deportation. These include serious offenses like murder, sexual abuse, drug trafficking, and violent crimes.
Even less serious convictions, such as theft, fraud, or domestic violence, may also result in deportation or a bar from future immigration benefits. Immigration laws often classify offenses differently from how criminal courts do, meaning non-serious state law offenses might result in substantial immigration penalties.
Q: How Far Back Does the USCIS Background Check Go?
A: USCIS background checks generally run from the date of a person’s birth up until the present. This includes FBI fingerprinting and database and name-based checks for any criminal charges, arrests, or immigration violations in that time. While certain offenses will not result in automatic denial, nothing in the background is left unchecked.
The details of a background check are dependent on what benefit a person is applying for, but prior issues can always result in questions in the immigration process.
Q: Can a misdemeanor affect immigration?
A: Yes, a misdemeanor conviction can affect immigration status. While misdemeanors are generally considered less serious than felonies, any criminal conviction can lead to deportation for a non-citizen. Additionally, certain misdemeanors, such as those involving moral turpitude or controlled substances, may be considered more serious under immigration law and have more severe consequences.
Q: Do arrests affect immigration?
A: Yes, arrests can affect immigration status. Even if it does not result in a conviction, an arrest can have immigration consequences, such as being placed into removal proceedings. Additionally, an arrest may be considered a negative factor when determining an individual’s eligibility for certain immigration benefits.
Contact U.S. Law Center Today
At U.S. Law Center, we are experienced in all areas of immigration law and have the knowledge and skill needed to provide comprehensive legal representation to our clients. Our experienced attorneys can work closely with you throughout the process, providing guidance and support every step of the way. If you are facing an immigration-related situation and need legal assistance, contact U.S. Law Center today to schedule a consultation. We are here to help you navigate the complexities of the immigration system.
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