Can a Criminal Conviction Affect My Immigration Status

A criminal conviction can have serious and lasting consequences for anyone—but for non-citizens, the stakes are often even higher. Criminal charges can jeopardize your immigration status, lead to removal (deportation), or prevent you from becoming a U.S. citizen. Whether you hold a visa, a green card, or no lawful status, it is critical to understand how criminal law and immigration law intersect.

How Criminal Convictions Affect Immigration Status

Immigration law treats certain offenses more severely than others. Even a relatively minor criminal charge can trigger significant immigration consequences. Here are some of the most common ways convictions can impact your status:

1. Deportability

Certain convictions make a non-citizen deportable, meaning the government can initiate removal proceedings. Common deportable offenses include:

  • Crimes involving moral turpitude (CIMTs), such as theft, fraud, or some assault offenses
  • Aggravated felonies, including many drug trafficking, theft, and violent crimes
  • Domestic violence offenses
  • Firearms offenses
  • Controlled substance convictions (except in some limited cases, such as a single offense of simple possession of 30 grams or less of marijuana)

If you are deported, you may be barred from returning to the United States for years—or permanently.

2. Inadmissibility

Even if you are not yet a lawful permanent resident, criminal convictions can make you inadmissible, which means you are ineligible to adjust your status, obtain a visa, or re-enter the United States. Inadmissibility can also apply to individuals seeking asylum or other relief.

3. Impact on Naturalization

To become a U.S. citizen, you must demonstrate “good moral character.” Certain convictions, including DUI, domestic violence, or fraud, can prevent you from satisfying this requirement during the statutory period before your application.

4. Mandatory Detention

If you are arrested and charged with a deportable offense, you may be subject to mandatory immigration detention without the possibility of bond while your case is pending.

What Counts as a Conviction?

Immigration law has its own definition of a “conviction.” Even if your criminal case did not result in a formal judgment—such as if you entered a deferred disposition, stipulated order of continuance, or a similar program—it could still be considered a conviction for immigration purposes if:

  • You pled guilty or no contest, or admitted sufficient facts to warrant a finding of guilt; and
  • The court imposed some form of punishment, penalty, or restraint on your liberty.

This broad definition surprises many non-citizens and underscores the need for careful legal advice before resolving any criminal charge.

Because the consequences of a conviction can be severe and permanent, it is essential to work with both a criminal defense attorney and an experienced immigration lawyer whenever immigration status may be affected. Defense counsel can negotiate pleas that minimize immigration consequences or identify defenses that protect your status.

Consult with a Criminal Defense Attorney

If you have been charged with a crime in Washington, and you are concerned about how it may impact your immigration status, the Law Office of Erin Bradley McAleer is here to help you understand your rights and options. We regularly collaborate with immigration counsel to protect clients’ futures. Contact us today to schedule a confidential consultation.