Immigration Consequences of Criminal Convictions8 U.S.C. § 1227 — Immigration & Nationality Act

Watch: Arrested Without Papers? What You Need to Know

Criminal Law and Immigration — A Critical Intersection

For non-citizens living in the United States — whether green card holders, visa holders, DACA recipients, or undocumented individuals — a criminal conviction can have immigration consequences far more severe than the criminal penalties themselves. Deportation, permanent bars to re-entry, denial of naturalization, and detention by ICE are all possible consequences of criminal convictions that many defendants and even some attorneys do not fully appreciate. At Virtuoso Law, we consider immigration consequences in every case involving a non-citizen client.

Deportable Offenses

Under federal immigration law, certain criminal convictions are classified as deportable offenses. These include aggravated felonies (a broad federal category that includes many offenses not typically considered "aggravated" under state law), crimes involving moral turpitude, drug offenses (even simple possession), domestic violence and child abuse offenses, firearms offenses, and crimes against persons. Even a misdemeanor conviction can trigger deportation if it falls into one of these categories.

The Padilla Warning

Under the U.S. Supreme Court decision Padilla v. Kentucky, criminal defense attorneys are constitutionally required to advise non-citizen clients about the potential immigration consequences of pleading guilty. Failure to provide this advice constitutes ineffective assistance of counsel and can be grounds to withdraw a plea. Our attorneys rigorously analyze immigration consequences before recommending any plea agreement to a non-citizen client.

Alternative Pleas to Avoid Deportation

In many cases, creative plea negotiations can result in a plea to a different offense that carries lesser or no immigration consequences while achieving a similar criminal outcome. For example, pleading to a domestic violence-adjacent offense rather than the domestic violence charge itself, or to a drug possession charge that does not trigger the federal drug deportation ground. These "immigration-safe" pleas require an attorney who understands both criminal and immigration law.

Contact Virtuoso Law — Hablamos Español

Non-citizens facing criminal charges need attorneys who understand the full picture. Call (833) 666-5245 for a confidential consultation — available 24/7. Our bilingual staff is ready to assist.