Immigration law has its own vocabulary
A conviction for immigration purposes is not the same thing as a conviction under state law. Deferred adjudications, pleas that a state treats as non-convictions, and expunged records can all still count. So can conduct that never produced a conviction at all.
The categories that matter most are crimes involving moral turpitude, aggravated felonies as the immigration statute defines them — a term that reaches many offences that are neither aggravated nor felonies in ordinary usage — and controlled substance offences, where even a single conviction can be devastating.
The plea is where the case is won or lost
Two pleas with identical jail time can have opposite immigration results. What matters is the statute of conviction, the elements admitted, sometimes the sentence imposed, and sometimes a single word in the record.
Criminal defence lawyers are obliged to advise noncitizen clients about the immigration consequences of a plea, and the good ones ask for help. We work alongside criminal counsel to find a disposition that protects both sides of the problem where one exists — and to say honestly when it does not.
Post-conviction, and what is still possible
Where a plea was taken without proper advice, post-conviction relief in the criminal court may be available and can change the immigration analysis entirely. Where it is not, the question becomes which waiver or relief remains open.
Come to us before the plea if you possibly can. Afterwards, the options narrow sharply.
Questions we are asked about this
I only got probation. Is that still a problem?
It can be. Immigration consequences track the offence and often the sentence imposed rather than the time actually served, so probation and deferred dispositions frequently carry the same weight as jail.
My record was expunged. Does immigration still see it?
Generally yes. State expungement usually does not erase a conviction for federal immigration purposes, and non-disclosure compounds the problem.
Can a waiver fix a criminal ground?
Sometimes. Some grounds are waivable and some are not, and eligibility depends on the offence, the date and your family circumstances. That analysis is the first thing we do.