Crimmigration Lawyer: Criminal Charges, Convictions and Your Immigration Status

Do you need a crimmigration lawyer?

You need a crimmigration lawyer if you are not a U.S. citizen and you have been arrested, charged, offered a plea or convicted. Crimmigration is the overlap of criminal law and immigration law, and the right counsel is an immigration lawyer who reads criminal records closely. The same facts are judged twice: once by a criminal court, and again under federal immigration law, which uses its own definitions.

That second judgment is where people get hurt. A shoplifting plea, a domestic dispute or a small amount of marijuana can carry immigration consequences far heavier than the criminal sentence. A crimmigration lawyer reads the criminal case through the immigration statute and helps steer it toward a result you can live with.

People facing criminal charges who should get advice now include:

• Green-card holders (lawful permanent residents) with a new arrest or an old conviction.
• Visa holders on H-1B, F-1, TN, L-1 or other status facing any criminal charge.
• DACA and TPS recipients, whose eligibility has its own criminal bars.
• Asylum applicants and refugees, because some crimes bar protection.
• Undocumented immigrants who were arrested, especially in counties that honor ICE detainers.
• Anyone applying for a green card or citizenship with any arrest on their record.
• Noncitizen veterans — see our report on immigrant veterans facing deportation.

Having a criminal record does not automatically mean deportation or denial. The outcome depends on the exact statute, the record of conviction, the sentence, your status and your history. That is why the analysis has to be specific.

Before you plead: what to do while the criminal case is open

Get an immigration-consequence analysis before you accept any plea, diversion or deal. Before the plea, your defense lawyer can still negotiate the charge, the statute, the factual statement and the sentence. After the plea, the options narrow to post-conviction relief, which is slower, costlier and less certain.

In Padilla v. Kentucky (2010), the Supreme Court held that the Sixth Amendment requires defense counsel to advise noncitizen clients about deportation risk. When the consequence is clear, the advice must be clear. Read the decision on the Supreme Court’s website.

Ohio adds its own protection. Before accepting a guilty or no-contest plea to most offenses, the court must warn a defendant that the plea may lead to deportation, exclusion or denial of naturalization (Ohio R.C. 2943.031). A judge’s warning is not legal advice about your case, and it does not replace your lawyer’s duty (State v. Romero, 2019-Ohio-1839).

Questions to raise with your criminal defense lawyer

• Which exact statute and subsection will I plead to, and does it match a deportation or inadmissibility ground?
• What will the written factual basis say? Immigration judges can read the record of conviction.
• Can the sentence be structured to stay under 365 days, including any suspended time?
• Is there an alternative plea to a different offense with the same practical penalty?
• Does diversion require a written admission of guilt? In Ohio, that admission can count as a conviction for immigration purposes (State v. Kona, 2016-Ohio-7796).

HLG can give your defense lawyer a written immigration-consequence analysis to use in negotiations. We coordinate with the defense attorney you choose; the criminal case stays in their hands.

Which criminal charges carry immigration consequences?

Federal immigration law groups crimes into categories, and each category triggers different consequences. Under the Immigration and Nationality Act (INA), the main deportable offenses are aggravated felonies, crimes involving moral turpitude, controlled substance offenses, firearm offenses and domestic violence-related offenses (8 U.S.C. 1227(a)(2)). A separate list decides who is inadmissible — that is, who can be refused a green card, a visa or reentry (8 U.S.C. 1182(a)(2)).

How Ohio state law changes the analysis

Ohio sentencing matters here. A first-degree misdemeanor in Ohio carries a maximum of 180 days in jail (Ohio R.C. 2929.24), which can affect the one-year and petty-offense thresholds. Every case still needs a statute-by-statute review.

For a fuller explanation of these categories, see our guide to how criminal convictions affect immigration status.

What counts as a “conviction” for immigration purposes?

For immigration purposes, a conviction exists when there is a formal judgment of guilt, or when you plead guilty or no contest (or admit enough facts) and the judge orders any punishment or restraint. This federal definition is broader than Ohio’s. A case that Ohio treats as dismissed or sealed may still be a conviction to immigration authorities (8 U.S.C. 1101(a)(48)).

• Diversion and intervention in lieu of conviction (ILC): if the program requires a guilty plea or a written admission, it can count, even after the case is later dismissed.
• Suspended sentences: a “term of imprisonment” includes time the judge suspended. A one-year suspended sentence counts as one year.
• Admissions without a conviction: admitting the elements of a drug offense or a moral turpitude crime to an immigration or consular officer can create inadmissibility by itself.
• Juvenile adjudications: generally are not convictions, but the underlying conduct can still matter in discretionary decisions.

How do the consequences differ by immigration status?

The same conviction affects people differently depending on their status. A green-card holder is judged mainly under the deportability grounds. Someone applying for a green card, a visa or reentry is judged under the inadmissibility grounds, which are broader in some ways.

Pending a green card through adjustment of status? A new arrest needs review before the interview, not after.

Can a past conviction be fixed? Post-conviction relief and ineffective assistance

Sometimes. Immigration law recognizes a vacated conviction only when the court vacated it because of a legal or procedural defect in the original case. A conviction erased for rehabilitation, hardship or to avoid immigration consequences still counts (Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)). The same rule applies to sentence changes (Matter of Thomas & Thompson, 27 I&N Dec. 674 (A.G. 2019)).

Post-conviction work is filed in the criminal court, often by criminal defense counsel, with HLG supplying the immigration analysis and coordinating timing with any immigration case.

What happens if ICE places a detainer?

An ICE detainer (Form I-247A) asks a jail to hold someone for up to 48 hours past their scheduled release so ICE can take custody. Posting criminal bond does not end the risk; a person released by the county can be transferred directly to ICE. See ICE’s detainer page and the Form I-247A.

Once in ICE custody, people from Ohio may be moved to other facilities, sometimes out of state. Families should act quickly. Our immigration detention, bond and habeas service explains release options, and our Ohio immigration bond guide covers bond hearings after the Sixth Circuit’s 2026 decision. Read how transfers work in our report on ICE flights at Akron-Canton Airport.

Certain convictions trigger mandatory detention, which limits bond. Whether that applies depends on the conviction and current law, so get advice before the person is moved.

Defending removal proceedings based on criminal grounds

A criminal conviction does not end the case in Immigration Court. Depending on the conviction and history, defenses can include challenging whether the conviction fits the charged ground, seeking relief from removal, or asking DHS to use its discretion.

• Cancellation of removal for green-card holders: five years as a permanent resident, seven years of continuous residence after admission, and no aggravated felony. A qualifying offense can stop the residence clock.
• Adjustment of status with a waiver: some people can apply for a green card in court, with a 212(h) waiver for certain CIMTs and a single minor marijuana offense. See our immigration waiver services.
• Asylum, withholding of removal and CAT: serious crimes can bar asylum and withholding, but Convention Against Torture deferral has no criminal bar.
• Challenging the charge: the government must prove the conviction fits the ground it alleges. The statute’s elements, not the police report, usually control.
• Appeals: an Immigration Judge’s decision, including a final order of removal, can be appealed to the Board of Immigration Appeals within 30 days. See our EOIR-26 BIA appeal service.

These defenses sit within HLG’s broader deportation defense practice. For what to expect at the Cleveland court, read our Cleveland Immigration Court guide.

Naturalization and good moral character with a criminal record

To become a citizen, you must show good moral character during the statutory period, usually five years. Murder and aggravated felonies (convictions on or after Nov. 29, 1990) are permanent bars. Other offenses during the period can bar or weigh against you, including two or more DUIs (USCIS Policy Manual, Vol. 12, Part F, Ch. 5).

Form N-400 asks about every arrest, citation and charge, including sealed and expunged records. Leaving one out can be treated as false testimony, which is its own bar. Filing can also bring a deportable conviction to the government’s attention. Have a lawyer review your record before you file. See our naturalization services.

How long does a crimmigration case take?

There is no single timeline. Each stage runs on a different clock: the criminal court’s calendar, ICE custody rules, the Immigration Court docket and USCIS processing. What matters most is acting before the earliest deadline.

What does a crimmigration lawyer cost?

HLG consultations cost $200 for one hour, by video, phone or in person. After the consultation, fees depend on the work: a written immigration analysis for a plea, post-conviction coordination, or full representation in Immigration Court. We explain the scope and fee in writing before you hire us. Government filing fees are separate.

Weigh the cost against what is at stake. A plea that avoids a deportation ground can save years of litigation, detention or separation from family.

How Herman Legal Group helps — and what to bring

HLG reviews the criminal case through the immigration statute, advises you and your defense lawyer, and represents you in any immigration case that follows. Our work in crimmigration matters includes:

• Immigration-consequence analysis of pending charges and plea offers.
• Written guidance for criminal defense counsel during plea negotiations.
• Review of old convictions before travel, green-card or citizenship filings.
• Coordination of post-conviction relief with criminal counsel.
• ICE detention, bond and removal defense in Immigration Court.
• Waivers, BIA appeals and federal court review where available.

Richard Herman and the HLG immigration team

Richard T. Herman, Esq. founded Herman Legal Group in 1995 and has practiced immigration law since 1993. He is admitted in Ohio, the U.S. District Court for the Northern District of Ohio and the U.S. Court of Appeals for the Sixth Circuit.

Vania Stefanova leads HLG’s Immigration Litigation Division, focusing on removal defense and appeals to the Board of Immigration Appeals. She speaks Russian, Bulgarian, Serbian and Croatian.

Luis Villarroel leads HLG’s Worthington office serving Columbus. His work includes family immigration and removal defense, in English and Spanish. See our Columbus deportation defense page.

Tameem Ansari has experience in family immigration, asylum and removal defense. He speaks Dari and Pashto.

Consultations are available in Cleveland, at our Columbus-area office in Worthington, and remotely anywhere. Paralegals who speak Arabic, French, Chinese and Russian can join attorney consultations. Choosing between firms? Read how to choose an ICE detention and bond lawyer in Ohio.