Criminal charges and You’re Not a U.S. Citizen

Criminal Charges Put More Than Your Freedom at Risk

Being charged with a crime is serious. But if you’re not a U.S. citizen, it can be more than serious — it can be life-changing. Whether you’re a green card holder, DACA recipient, visa holder, or undocumented, one criminal charge can affect your ability to stay in the U.S., apply for citizenship, or return if you ever leave.

At the Law Office of Erin Bradley McAleer, we understand what’s at stake. For immigrants, the criminal justice system and the immigration system can overlap in ways that are complex and unforgiving. That’s why we approach every case involving non-citizen clients with added care and strategic planning.

You Don’t Need a Conviction to Face Immigration Trouble

One of the biggest misunderstandings people have is thinking immigration consequences only happen if you’re convicted. That’s not true. Sometimes, just being arrested or charged is enough to cause problems — especially with visa renewals, green card applications, or travel abroad. In some cases, ICE may become involved before your case even makes it to court.

This is especially important to understand if you’re applying for any immigration benefit. A pending criminal case can freeze your application or lead to denial — even if you’re eventually found not guilty.

Certain Charges Carry Serious Immigration Consequences

Not all criminal charges are treated equally by immigration authorities. Under federal law, offenses like theft, domestic violence, drug possession, or fraud may be considered crimes of “moral turpitude” or “aggravated felonies.” These classifications often lead to removal proceedings, bars on reentry, or denials of naturalization.

Worse still, immigration law may treat these offenses more harshly than Washington law does. A charge that seems minor in state court may still be a major problem when viewed through the lens of immigration.

A “Good Deal” in Court Might Still Hurt You

Even if your criminal case ends in what seems like a favorable outcome — a plea to a lesser charge, a diversion program, or a deferred sentence — it may still count as a “conviction” under immigration law. Immigration does not follow the same rules or definitions as criminal court.

This means that something like a guilty plea followed by a case dismissal may still create long-term consequences for your status.

Before accepting any deal, it’s critical to know how it will affect your immigration future. Many people don’t find out until it’s too late.

The Right Defense Strategy Looks at the Whole Picture

We take pride in our commitment to defending not just your case, but your life here in the U.S. At the Law Office of Erin Bradley McAleer, we understand that protecting your immigration status can be just as important as the outcome of your criminal case. That’s why we develop defense strategies with both in mind.

If needed, we also partner with experienced immigration attorneys to make sure your rights are protected across both legal systems. You don’t have to navigate this alone — and you shouldn’t.

What to Do If You’re a Non-Citizen Facing Charges

If you’re not a U.S. citizen and you’ve been arrested or charged with a crime in Washington, your first step should be to speak with a criminal defense attorney who understands immigration law. Be open about your status, and don’t plead guilty or accept any deal without getting clear, informed legal advice.

The sooner you act, the more options you may have to protect both your record and your right to stay in the U.S.

We’re Here to Protect Your Future

Criminal charges can threaten everything you’ve worked for — but you don’t have to face them alone. At the Law Office of Erin Bradley McAleer, we’re here to fight for your rights, protect your record, and help you preserve your future in this country. Call us today for a confidential consultation. We’ll take the time to understand your case and your status, and we’ll give you the defense you deserve — in court and beyond.