Many immigrants believe that once they have a visa or green card, they are safe — but a criminal conviction can put your entire immigration status at risk. In some cases, even a minor offense can lead to detention, loss of legal status, or deportation.
This guide explains how criminal convictions affect immigration status in 2025, which crimes are the most dangerous, and what to do if you’re arrested.
1. Immigration Law Treats Criminal Convictions Differently
Immigration law doesn’t always follow the same definitions as criminal law. Some crimes that seem minor in state court can have major immigration consequences.
For example:
- A dismissed case may still require disclosure
- A plea deal that avoids jail time may still be considered a conviction under immigration law
2. Common Immigration Consequences of a Conviction
A criminal conviction can lead to:
- Inadmissibility: You may be barred from getting a visa or green card
- Deportability: You may lose your current legal status
- Denial of naturalization: You may be blocked from becoming a U.S. citizen
- Detention: ICE may detain you during or after your criminal case
3. Crimes That Can Trigger Deportation
Certain convictions make you removable (deportable) from the U.S., including:
- Aggravated felonies (even if not a felony under state law): murder, rape, drug trafficking, theft with 1+ year sentence
- Crimes involving moral turpitude (CIMT): fraud, assault, domestic violence, theft
- Drug offenses: possession, sale, or trafficking (except some first-time marijuana cases)
- Firearms offenses
- Gang or terrorism-related activity
Even two or more convictions of any kind can trigger removal in some cases.
4. Can a Green Card Holder Be Deported for a Crime?
Yes. Green card holders (lawful permanent residents) can be placed in removal proceedings for certain offenses. A green card does not guarantee protection from deportation.
Examples:
- Theft conviction with a sentence of 1 year or more
- Drug possession (besides minor marijuana cases)
- Domestic violence or violation of a protection order
5. What If You’re Arrested?
If you’re arrested and not a U.S. citizen:
- Do not plead guilty without consulting an immigration attorney
- Ask your criminal defense lawyer to consult an immigration expert (“crimmigration” attorney)
- Ask about immigration-safe plea options
- Avoid admitting to facts that could trigger removal
6. Can You Fix or Reopen a Past Conviction?
In some cases, yes. You may be able to:
- Vacate a conviction (if your rights were violated)
- Reduce a sentence to avoid immigration triggers
- File a post-conviction relief motion
Consult with both a criminal and immigration lawyer to explore your options.
7. Defenses to Deportation Based on Criminal Convictions
You may still qualify for immigration relief, such as:
- Cancellation of removal (if you meet time and character requirements)
- Asylum or Withholding of Removal (if you fear return)
- U Visa or T Visa (for victims of crime or trafficking)
- Waivers (for certain crimes, especially if you have U.S. citizen family members)
A criminal charge can change your life — and your immigration status. If you’re not a U.S. citizen and facing criminal charges, your top priority should be getting immigration-safe legal advice before making any decisions.
Never assume a minor charge is harmless. Always protect your future by understanding how the criminal and immigration systems interact.
