When Maria received a shoplifting citation, she thought paying the fine would end the matter. She didn’t know that accepting the plea bargain would jeopardize her green card and threaten everything she’d built over fifteen years in America.
Thousands of non-citizens face criminal charges without understanding the immigration consequences. What seems minor can lead to deportation, inadmissibility, or permanent family separation.
At the Law Office of Carrie Nguyen, we’ve guided hundreds of families through this situation. As immigrants ourselves, we understand your fear and stress. You are not alone, and there is a path forward.
Who Is at Risk?
Your immigration status determines the consequences you face:
- Green Card Holders: You have significant rights, but certain convictions can make you deportable or inadmissible. You may have more defense options available.
- Visa Holders: Criminal charges can result in visa revocation and removal before your case is resolved.
- DACA/TPS Recipients: Convictions involving moral turpitude or drugs can terminate your authorization.
- Undocumented Individuals: Even an arrest alone can trigger detention and removal proceedings.
What Counts as a “Conviction”?
Immigration law defines “conviction” more broadly than criminal law. You have a conviction if:
- A judge or jury found you guilty
- You entered a guilty or no contest plea
- You admitted sufficient facts AND the judge imposed punishment
Important: Deferred adjudication IS a conviction for immigration purposes. Don’t assume avoiding a criminal conviction means you’ve avoided immigration consequences.
Three Types of Criminal Offenses That Trigger Consequences
1. Aggravated Felonies
Despite the name, these aren’t always felonies under state law. They trigger the harshest penalties: mandatory detention, permanent inadmissibility, and ineligibility for most relief.
Examples: Murder, sexual abuse, drug trafficking, theft/fraud with one year+ sentence, violent crimes with one year+ sentence, money laundering.
2. Crimes Involving Moral Turpitude (CIMT)
Offenses involving dishonesty, fraud, or malicious intent. You’re deportable if convicted of:
- One CIMT within 5 years of admission (possible sentence of 1 year+), OR
- Two or more CIMTs from different incidents
3. Drug Convictions
Almost all drug convictions trigger consequences. One exception: simple possession of 30 grams or less of marijuana. Everything else (cocaine, meth, prescription drugs, paraphernalia) creates problems.
What Happens When You’re Arrested?
Local law enforcement shares your information with ICE. If ICE believes you’re removable, they place an “ICE hold” requesting you be detained for up to 48 hours.
In North Texas: You’ll be processed at the Dallas ICE office, then transferred to detention facilities in Alvarado, Haskell, or Johnson County while awaiting an immigration court hearing.
Mandatory Detention: Certain convictions mean ICE doesn’t have to offer bond: aggravated felonies, most drug offenses, firearm offenses.
Common Myths Debunked
- Myth: Probation protects me. Reality: Probation officers contact immigration authorities. The conviction itself triggers consequences.
- Myth: Community service keeps me under the radar. Reality: It’s run by the same sheriff’s department as the jail.
- Myth: Pre-trial diversion always helps. Reality: Only if it doesn’t involve a guilty plea. Many programs require pleas held in abeyance; that’s still a conviction.
What to Do Right Now
Before Arrest
- Consult an immigration attorney immediately to understand consequences and coordinate with your criminal attorney
- Ensure both attorneys work together; criminal strategies good for U.S. citizens can be disastrous for non-citizens
After Arrest
- Don’t sign anything from ICE without an attorney. Voluntary departure forms can permanently bar you from returning.
- Stay silent. Everything you say can be used against you in immigration court.
- Request a bond hearing. An attorney can advocate for your release while your case is pending.
- Gather documents now: employment proof, lease/mortgage, children’s school records, tax returns, family documentation.
Possible Relief Even After Conviction
A conviction doesn’t always mean deportation. Depending on your circumstances, you may qualify for:
- Cancellation of Removal: For those with 7-10+ years in the U.S. who can show extreme hardship to U.S. citizen/LPR family
- U Visa: For crime victims who cooperated with law enforcement
- VAWA: For domestic violence survivors
- Waivers: May forgive certain convictions if you can show extreme hardship to qualifying relatives
- Asylum: If you fear persecution based on protected grounds
Can You Return After Deportation?
It depends on the reason for removal, how you departed, and your family ties. Deportation typically triggers:
- 5-year bar for removal orders
- 10-year bar for removal after 1+ year unlawful presence
- 20-year or permanent bar for multiple removals or aggravated felonies
Waivers may be available. An experienced attorney can evaluate your options for legal return.
You Are Not Alone
Facing criminal charges when your immigration status is at risk is terrifying. The fear of separation from family and losing everything you’ve built can be overwhelming.
At the Law Office of Carrie Nguyen, our all-female, immigrant-led team has walked in similar shoes. We understand the complexities you’re navigating because many of us have lived through similar challenges.
We’ll guide you through every step, provide monthly updates, and fight for your right to remain with your family.
Call to Schedule Your Consultation: 817-330-9734 | www.carrielegal.com
About This Article
Based on content originally co-authored by Attorney Carrie Nguyen and criminal defense attorney Benson Varghese. Original article: versustexas.com/blog/immigration-consequences. This version has been rewritten for current practice.
Law Office of Carrie Nguyen
721 N Fielder Rd., Suite C, Arlington TX 76012
817-330-9734 | info@carrielegal.com
“You Are Not Alone”
