Crimmigration: Criminal Conviction & Immigration
Learn how a criminal conviction affects your immigration status in the US — deportation risks, key laws, and steps to protect yourself.
A criminal conviction can trigger deportation, denial of a green card, or bar naturalization. Under the Immigration and Nationality Act (INA), certain crimes — called "deportable offenses" — allow ICE to initiate deportation proceedings immediately. Consult an immigration attorney before pleading guilty to any charge; verify current procedures at the official USCIS website.
What Is Crimmigration?
Crimmigration is the intersection of criminal law and immigration law. When a non-citizen is convicted of a crime in the United States — or sometimes even abroad — that conviction can have severe immigration consequences: deportation, bars to adjustment of status, denial of naturalization, or permanent inadmissibility. Even a misdemeanor plea can end a legal immigration status built over many years.
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Immigrant rights, appeals and protective measures
USCIS and ICE both play roles in enforcing immigration consequences of criminal convictions. An experienced attorney such as Ilya Fishkin, immigration attorney can evaluate how a specific charge or plea affects your case.
Which Crimes Trigger Immigration Consequences?
Not every offense carries the same risk. Under INA §237 and INA §212, the following categories are the most serious:
- Aggravated felonies (INA §101(a)(43)): Includes murder, drug trafficking, firearms offenses, fraud over $10,000, and many others. An aggravated felony conviction almost always results in a deportation order and a permanent bar to re-entry.
- Crimes involving moral turpitude (CIMT): Fraud, theft, domestic violence, and similar offenses. Even one CIMT committed within five years of admission can make a non-citizen deportable.
- Controlled substance violations: Any drug conviction (with a narrow exception for a single offense of simple possession of 30 grams or less of marijuana) renders a non-citizen deportable under INA §237(a)(2)(B).
- Domestic violence and protective order violations: Covered under INA §237(a)(2)(E).
- Firearms offenses: Covered under INA §237(a)(2)(C).
Green card holders (lawful permanent residents) are not immune — a qualifying conviction can strip LPR status and lead to deportation proceedings.
Steps to Take After a Criminal Charge or Conviction
- Consult an immigration attorney immediately — before entering any plea. Criminal defense attorneys may not be aware of immigration consequences; you may need both a criminal defense lawyer and an immigration lawyer.
- Request a full record of your immigration history — gather your visa documents, I-94 records, green card, and any prior immigration filings.
- Explore post-conviction relief — vacating or modifying a conviction through state courts can sometimes eliminate the immigration consequences. Options include motions to withdraw a guilty plea (under Padilla v. Kentucky, 559 U.S. 356) or state-specific remedies.
- Respond promptly to any Notice to Appear (NTA) — if ICE initiates deportation proceedings, you have 30 days to appeal an order of removal to the Board of Immigration Appeals (BIA). Missing this deadline can make the order final.
- File a Motion to Reopen if needed — if you missed your hearing or new evidence emerged, a Motion to Reopen must generally be filed within 90 days of the final order of removal.
- Apply for a Stay of Deportation if removal is imminent — Form I-246 allows you to request that ICE delay deportation while you pursue legal remedies. Check the current filing fee at uscis.gov.
What the Law Says
The primary statutory framework for crimmigration is found in the Immigration and Nationality Act (INA), codified at 8 U.S.C. §§ 1101–1537. Key provisions include:
- INA §237 — grounds of deportability for non-citizens already in the US.
- INA §212 — grounds of inadmissibility, including criminal bars to re-entry or adjustment of status.
- INA §101(a)(43) — the full definition of "aggravated felony," which spans 21 sub-categories.
- 8 CFR §1003.23 — procedural rules for motions to reopen or reconsider before immigration courts.
The Supreme Court's decision in Padilla v. Kentucky (2010) established that criminal defense attorneys must advise non-citizen clients of the deportation consequences of a guilty plea. Failure to do so can constitute ineffective assistance of counsel and may be grounds for post-conviction relief.
The 30-day appeal deadline and the 90-day Motion to Reopen deadline are statutory deadlines — act immediately upon receiving any order of removal. For voluntary departure, the maximum period granted by an immigration judge is 120 days.
This material is for informational purposes only and does not constitute legal advice.
Frequently Asked Questions
Can a green card holder be deported for a DUI conviction?
Possibly. A single DUI is not automatically a deportable offense, but a DUI involving aggravating factors (injury, drugs, or a pattern of offenses) may qualify as a crime involving moral turpitude or an aggravated felony depending on state law and sentence imposed. Always consult an immigration attorney before resolving a DUI charge.
Does an expunged conviction affect immigration status?
Generally, yes. Under federal immigration law, an expungement under state law does NOT eliminate the immigration consequences of a conviction. The BIA and federal courts have consistently held that a state-expunged conviction still counts as a conviction for immigration purposes under INA §101(a)(48)(A). There are very narrow exceptions for certain first-time drug offenses under 8 U.S.C. §1182(h).
What happens if I plead guilty without being told about deportation consequences?
Under Padilla v. Kentucky (2010), your criminal defense attorney was constitutionally required to advise you of deportation consequences. If they failed to do so, you may have grounds for a post-conviction relief motion arguing ineffective assistance of counsel — potentially allowing you to withdraw the guilty plea. Contact an immigration attorney to evaluate your options.
Can I apply for asylum or withholding of removal if I have a criminal conviction?
Some convictions bar asylum entirely. An aggravated felony conviction bars asylum under INA §208(b)(2)(A)(ii). However, withholding of removal under INA §241(b)(3) may still be available unless the conviction is a particularly serious crime. Convention Against Torture (CAT) protection may also remain available. Each case is highly fact-specific — consult a qualified immigration attorney.