Orange County Abogado de Inmigración Penal

Facing criminal charges is a frightening situation on its own, but when your immigration status is on the line too, it’s understandable to feel overwhelmed. At U.S. Law Center, our Orange County criminal immigration lawyer works with clients facing deportation, detention, or other immigration consequences after an arrest or conviction.

Immigration law is a complex area, and California’s state laws can intersect with federal immigration statutes in ways that have a lasting impact on an individual’s life. One misstep can jeopardize future immigration relief and even lead to removal.
We can guide you through both systems, helping to ensure that your rights are protected every step of the way.

Hire a Criminal Immigration Lawyer

U.S. Law Center was founded with one goal in mind: to help our clients achieve their immigration goals. Attorney Sanjay Sobti and U.S. Law Center’s team handle each case with diligent preparation and knowledge of how the criminal and immigration legal systems overlap.

At U.S. Law Center, located in Orange County, we understand that our clients are confronting decisions that can have life-altering consequences for them and their families. We treat each case with undivided attention and provide straightforward advice and representation informed by experience with complex immigration issues.

How Criminal Charges Affect Immigration Status

Facing criminal charges is a grave matter on its own. You may face immigration consequences even without a conviction. Under the Immigration and Nationality Act, many criminal offenses can subject you to deportation, detention, or removal of lawful status. Some of the most common criminal offenses include crimes involving moral turpitude, controlled substance violations, or domestic violence.

As state and federal laws can be complex and overlapping, it’s important to understand how a state-level offense may affect federal immigration laws to protect your ability to stay in the country. In its Fiscal Year 2024 Annual Report, U.S. Immigration and Customs Enforcement (ICE) reported that of the 271,484 total individuals it removed in FY 2024, 88,763 of them were individuals who had been charged with or convicted of a criminal offense.

Navigating Dual Systems: Criminal and Immigration Courts

California’s criminal courts in Orange County and the federal immigration courts in Santa Ana and Los Angeles are two separate systems with their own judges, rules, and case files. But they are not entirely disconnected. In many cases, they are each involved in a client’s life. Actions, or even inaction, in one system can have serious repercussions in the other.

A plea deal in California may seem like the most ideal option for a criminal defendant, but if that deal is then reported to immigration authorities, the person might be placed into removal proceedings that lead to deportation.

Our U.S. Law Center attorney takes time to coordinate each client’s defense in both systems, when necessary, so that the decisions made in Orange County courtrooms don’t lead to the end of life in the United States. Timing of each action, including filing the right documents and communicating with each court, is crucial.

Common Immigration Consequences of Convictions

A conviction doesn’t automatically mean that removal will occur. Many criminal convictions carry significant consequences for immigration status. Crimes that involve fraud or controlled substances or are violent in nature may preclude relief options like cancellation of removal or adjustment of status.

Deferred judgments and probation still could be considered convictions under federal immigration law. Legal permanent residents can have their green cards taken away with a single slip-up.

Understanding which crimes fall under the broad federal definitions of aggravated felony or moral turpitude is important for clients and their criminal defense attorneys so they can make informed decisions before they plead guilty to a charge.

Preguntas frecuentes

Q: What Happens to My Immigration Status if I’m Arrested in Orange County?

A: If you are arrested in Orange County and hold an immigration status, there can be lasting consequences. A local or state agency can report fingerprint data and personal information to federal immigration databases through programs like Secure Communities. That information can be used by Immigration and Customs Enforcement (ICE) to issue a detainer or start removal proceedings. Criminal defense planning that includes immigration consequences should begin after a person is charged.

Q: Can a Criminal Conviction Lead to Deportation?

A: Convictions for certain crimes can make a person subject to deportation. Criminal conduct that is categorized as a crime of moral turpitude, a controlled substance offense, or an aggravated felony has the harshest immigration consequences. Even a simple or reduced plea at the state court level can be used to start the removal process after the information is reported to the federal immigration court. Knowing these potential consequences before making plea decisions can help protect a person’s status.

Q: Do Immigration and Criminal Courts Work Together?

A: Immigration and criminal courts could work together. The immigration court and criminal court systems are separate, but immigration consequences can arise from the resolution of a criminal case. The outcome of a criminal case can include a plea agreement or the dismissal of charges, with direct and immediate implications in immigration court. A criminal conviction may not be severe in state court, but can still be considered a deportable offense under federal law.

Q: Can I Fix My Record to Protect My Immigration Status?

A: You may be able to fix your record to protect your immigration status. In California, there are several avenues for post-conviction relief that can remedy past legal errors or reduce immigration consequences. These can include Penal Code §1473.7 motions to vacate a conviction or other judgment, expungement under Penal Code §1203.4, and sentence reduction. While these remedies do not erase a criminal record, they can help reclassify a conviction and alter how it is treated by immigration authorities.

Orange County Abogado de Inmigración Penal

Immigration cases are open-ended and ongoing. A criminal charge can take a pending immigration case in a completely different direction within minutes. A huge part of the U.S. Law Center’s legal strategy is to educate each client on how criminal convictions affect federal immigration law and the future of their rights.

We take the time to explain each option, prepare a strong defense, and speak to both criminal and immigration courts to lessen any impact on your case. Book a consultation today to hire a criminal immigration lawyer.