When Criminal Charges Trigger Immigration Trouble: What You Need to Know

You worked hard to build a life here. You got a visa, a green card, or maybe you applied for one. You’re educated, successful, and contributing to your field. Then something happens—a traffic stop, a misunderstanding at home, or a business deal that raises red flags. Suddenly, you’re not just dealing with the criminal court. You’re facing immigration consequences you never saw coming.

That’s the part most people don’t realize: when you’re not a U.S. citizen, one legal problem can turn into two.

Criminal Charges Can Put You on the Fast Track to Removal

Here’s the truth: if you’re convicted of a felony, even if you don’t spend a single day in jail, you’re likely to be labeled an “aggravated felon” under immigration law. That label makes you removable. In other words, you can still be deported.

It doesn’t matter how long you’ve been in the country. It doesn’t matter if you’ve built a life here or have family depending on you. If you’re not a citizen, even if you’re here legally on a business, student, or employment visa, you can be put into removal proceedings just because of a conviction.

And it’s not just felonies. Certain misdemeanors like domestic violence, shoplifting, and even DUI, are considered “crimes of moral turpitude.” Those can trigger removal, too.

You Can Be Deported Even Without a Conviction

This is where it gets even more alarming. Under the immigration code, removal doesn’t require a conviction. If the records or police reports suggest you committed the offense, you could still be deported even if the case was dropped, dismissed, or you were found not guilty.

Let that sink in.

Imagine you’re pulled over and a search turns up drugs. Fortunately, your lawyer gets the case dismissed because of an unlawful search. Even though the criminal court threw it out, immigration authorities still have the right to say, “We believe you committed a crime,” and use that to remove you from the country.

This Applies to Visas and Green Cards

Whether you’re here on an H1-B, E-2, EB-5, or even as a permanent resident, you’re not in the clear. Being a permanent resident does offer more protection, but not enough. If you’re charged with a crime while holding a green card, that charge can block you from renewing your permanent residency. You could show up for your renewal interview and walk out in ICE custody.

Worse, under the current political climates, immigration enforcement agencies have been known to disregard judges and push through removals with little warning. Things can change fast. And the consequences can be permanent.

You Need a Lawyer Who Sees the Whole Picture

Too many defense attorneys focus only on the criminal case in front of them. But that’s only half the story if you’re not a U.S. citizen.

If your lawyer isn’t asking you about your immigration status, they’re missing a critical part of your defense. They should be thinking two steps ahead. They should be working in conjunction with an immigration attorney. And they should be honest with you about what’s at stake, not just in court, but in your life.

Don’t Let One Charge Derail Your Future

If you’re in trouble, you don’t just need someone to argue your case. You need someone who gets the bigger picture. Someone who understands how one decision in a courtroom can affect your immigration status, family, career, and everything you’ve worked for.

If you’ve been charged with a crime and you’re not a U.S. citizen, don’t wait. The right choices now can mean the difference between staying in the country or being forced to leave it.

Barry Wax gives people in trouble the ability to make the right choices and regain control of their lives. If you’re facing criminal charges and concerned about your immigration status, call Barry. He’ll talk to you honestly, directly, and with the understanding you deserve.