In addition to the usual concerns that a person may have when they are charged with a crime, many people fail to realize the impact that a conviction may have on their immigration status when they are not a citizen of the United States. While our firm practices in the area of criminal defense, we often represent individuals whose criminal charges could impact their non-resident status.
Immigration law is a complex area of law, which is why we partner with experienced immigration attorneys when a criminal case could affect lawful permanent residence, a visa, DACA, asylum, naturalization, or future admissibility. An essential part of managing immigration consequences is obtaining a criminal-court result that has been checked before the plea is entered. What looks like a good criminal resolution can still create removal, inadmissibility, mandatory detention, or loss of eligibility for relief.
Hiring an experienced criminal defense attorney is important in any case. It is especially important when the client is not a U.S. citizen. Green-card holders, visa holders, undocumented clients, refugees, asylum applicants, DACA recipients, and people applying for citizenship all need the criminal case and immigration consequences reviewed together.
What convictions create the most immigration risk?
Federal immigration law lists several criminal grounds of deportability and inadmissibility. The categories are technical, and the exact wording of the Wisconsin conviction matters.
- Controlled-substance convictions. Under 8 U.S.C. § 1227(a)(2)(B), most state or federal controlled-substance convictions create deportability, with a narrow exception for a single offense involving possession for personal use of 30 grams or less of marijuana.
- Aggravated felonies. 8 U.S.C. § 1101(a)(43) defines aggravated felony for immigration purposes. The phrase includes more than serious violent felonies. Some theft, fraud, drug, firearm, and obstruction offenses can qualify depending on sentence and elements.
- Crimes involving moral turpitude. 8 U.S.C. § 1227(a)(2)(A) treats certain crimes involving moral turpitude differently depending on timing, sentence exposure, and whether there are multiple convictions.
- Domestic violence, stalking, protection-order, child-abuse, and firearm offenses. These have specific immigration consequences under 8 U.S.C. § 1227(a)(2).
What should be checked before a non-citizen pleads?
The safest criminal plea is not always the lowest-looking criminal charge. Immigration law looks at statutory elements, sentence imposed, admissions in the record, drug type, loss amount, victim relationship, and whether the offense falls into a federal immigration category.
- Tell defense counsel your exact immigration status before any negotiation.
- Do not plead until criminal counsel and immigration counsel have reviewed the proposed statute, facts, and sentence.
- Avoid unnecessary admissions about drug type, intent to deliver, victim relationship, loss amount, or violence when the record can be narrowed lawfully.
- Check whether diversion, amendment, deferred prosecution, or sentence structure can reduce immigration harm.
This page is criminal-defense information, not immigration advice. We coordinate with immigration counsel because the immigration result can be more important than the criminal sentence.