Immigrants and Crimes

Criminal Charges and Immigration Status

If you are not a U.S. citizen and have been arrested or charged with a crime in California, the criminal case can potentially affect more than your criminal record.

Depending on the offense, conviction, sentence, immigration status, and other circumstances, a criminal case can affect:

• Lawful permanent residence;
• Naturalization;
• Visa status;
• Admission to the United States;
• DACA or other immigration benefits;
• Immigration bond;
• Removal or deportation proceedings; and
• Eligibility for certain forms of immigration relief.

The immigration consequences of a criminal case can be very different from the criminal penalties imposed by a California court.

For that reason, noncitizens should disclose their immigration status to their criminal-defense attorney before accepting a plea.

Does Every Criminal Conviction Affect Immigration Status?

No.

There is no single rule that applies to every criminal conviction.

Immigration consequences depend on the exact offense and the individual circumstances.

Important factors can include:

• The statute of conviction;
• The legal elements of the offense;
• The factual basis of the conviction;
• The sentence imposed;
• Whether there are prior convictions;
• Whether the offense involves a controlled substance;
• Whether the offense involves violence or domestic violence;
• Whether the offense may be considered a crime involving moral turpitude;
• Whether the person is a lawful permanent resident, visa holder, DACA recipient, or another type of noncitizen; and
• Whether the person is applying for an immigration benefit or is already in immigration proceedings.

What Is a Crime Involving Moral Turpitude?

A “crime involving moral turpitude,” or CIMT, is an immigration-law classificationthat can affect certain immigration benefits and proceedings.

Not every criminal offense qualifies as a CIMT.

Whether an offense qualifies depends on the precise statute and applicable immigration law. The analysis should therefore be based on the actual conviction rather than the everyday name of the offense.

What Are Aggravated Felonies?

“Aggravated felony” is a term defined by federal immigration law. It does not simply mean “a serious felony” under California law.

Certain convictions classified as aggravated felonies can have extremely serious immigration consequences.

Because the federal definition is detailed and offense-specific, a person facing a potentially serious felony should obtain immigration advice before accepting a plea.

Drug Crimes and Immigration

Drug offenses can create particularly serious immigration concerns.

The type of substance, the exact conviction, the conduct involved, and whether the case involves possession, possession for sale, transportation, or another drug offense can all matter.

Even when a criminal case appears relatively minor from a California sentencing perspective, a drug conviction can have significant immigration consequences.

If you are not a citizen and are facing a drug charge, do not enter a plea without first considering the immigration consequences.

Domestic Violence and Immigration

Domestic-violence allegations can create immigration issues in addition to the criminal penalties imposed by California law.

Potential concerns can include:

• Removal or deportation;
• Immigration benefits;
• Naturalization;
• Protective-order issues; and
• Other immigration consequences depending on the exact conviction and facts.

The immigration consequences depend on the exact offense and circumstances.

A person facing a domestic-violence charge should discuss immigration status with the criminal-defense attorney before accepting a plea.

Theft Crimes and Immigration

Theft-related convictions can also create immigration concerns.

The exact offense, statutory elements, sentence, and circumstances of the conviction can matter when determining whether an immigration consequence applies.

A plea to a different theft-related offense is not necessarily immigration-neutral simply because it reduces the criminal penalty.

DUI and Immigration

A DUI should also be evaluated carefully when the defendant is not a U.S. citizen.

A straightforward DUI does not automatically produce the same immigration result for every person. However, additional factors—such as multiple convictions, drug-related allegations, domestic-violence allegations, child-related conduct, or other criminal charges—can change the analysis.

If immigration status is important to you, discuss the DUI with both your criminal-defense attorney and, when appropriate, qualified immigration counsel before entering a plea.

DACA and Criminal Charges

People with DACA or other deferred-action status should take criminal arrests and convictions seriously.

The immigration consequences can depend on the offense, disposition, number of convictions, and applicable federal policy.

Because immigration policies can change, DACA recipients should obtain current individualized advice rather than relying on information from an older case or website article.

Can a Criminal Case Affect Naturalization?

Potentially.

Naturalization applicants must satisfy statutory requirements, including requirements relating to good moral character during the applicable period.

Criminal conduct can become relevant to the good-moral-character analysis.

However, the existence of an arrest or conviction does not automatically answer whether someone is eligible for naturalization.

The timing, offense, disposition, sentence, probation, prior history, and other circumstances should be reviewed before filing a naturalization application.

Can Expungement Fix Immigration Problems?

Not necessarily.

A California expungement can have important benefits under California law, but an expungement does not necessarily eliminate all federal immigration consequences.

If immigration status is involved, do not assume that expunging a criminal conviction makes the conviction irrelevant for immigration purposes.

The immigration consequences should be reviewed separately.

Why Immigration Status Should Be Discussed Before a Plea

One of the most important times to consider immigration consequences is before entering a plea.

Once a plea has been entered, options that may have been available earlier can become much more limited.

A criminal-defense attorney may sometimes be able to negotiate a disposition that is more favorable for a noncitizen, but no particular disposition should be described as “immigration safe” without analyzing the individual circumstances.

What Information Should I Give My Criminal-Defense Attorney?

Tell your attorney if you:

• Are a lawful permanent resident;
• Have a green card;
• Have DACA;
• Hold a student, employment, visitor, or other visa;
• Have a pending immigration application;
• Have previously been in immigration court;
• Have previously been detained by immigration authorities;
• Have prior criminal convictions;
• Have traveled internationally after a criminal case; or
• Are planning to travel outside the United States.

This information can be important when evaluating possible criminal-case resolutions.

Should I Hire an Immigration Attorney?

In some cases, yes.

Criminal defense and immigration law are separate areas of law.

A criminal-defense attorney can evaluate the criminal charges, evidence, defenses, and possible criminal dispositions. An immigration attorney can analyze the federal immigration consequences of those dispositions.

When immigration consequences could be significant, coordinated advice canhelp ensure that a criminal plea is evaluated from both perspectives.

Criminal Defense for Noncitizens in Orange County

Attorney Wais Azami represents clients throughout Orange County facing misdemeanor and felony criminal charges.

The Law Office of Wais Azami takes immigration status seriously when evaluatingcriminal cases and can help clients understand the criminal-defense issues thatmay affect their situation.

If you are not a U.S. citizen, tell us about your immigration status when you schedule your consultation so that it can be considered as part of the case evaluation.

Call (714) 321-9999 to schedule a consultation.

Law Office of Wais Azami
12832 Valley View St. #203
Garden Grove, CA 92845
(714) 321-9999
By Appointment Only

Important Legal Disclaimer

This page provides general information about the intersection of California criminal lawand U.S. immigration law. It is not individualized legal or immigration advice. Immigrationlaw and federal policies can change, and the consequences of a criminal charge depend on the precise offense, conviction, sentence, immigration status, and individual circumstances. Noncitizens should obtain individualized advice from qualified counsel before entering a plea, traveling internationally, or applying for an immigration benefit.