Criminal Immigration Lawyer

Check the immigration effect before the criminal case ends

If you are not a U.S. citizen and you have been arrested or charged, attorney Zachary Gold reads the charge, any plea offer and your immigration history, and tells you what each outcome would mean for your green card, visa or citizenship. If the criminal case has already ended, we look at waivers and at your defense in immigration court.

Your criminal defense lawyer or public defender handles the charge in criminal court. Zachary handles the immigration side, and with your permission he can explain it to your defense lawyer before you decide on a plea. A plea that looks mild in criminal court, such as probation with no jail time, can still lead to removal.

What a crimmigration lawyer does

Crimmigration is the name lawyers use for the point where criminal law and immigration law meet. The criminal court decides guilt and the sentence. Federal immigration law then attaches consequences to that record: removal, detention without bond, a denied green card or citizenship application, or questioning at the airport when a permanent resident comes home from a trip. A case that state law treats as a minor offense, or even as dismissed, can still be a conviction under the federal definition, so a crimmigration lawyer reads the criminal case with that definition in mind while there is still time to change the outcome.

How we read a criminal case for its immigration effect

Attorney Zachary Gold reviews the case himself, and our team collects the records. He starts with the facts immigration law turns on:

• your status today, and the date you were admitted or became a permanent resident
• the exact statute and subsection you are charged under, and the maximum sentence it allows
• the plea offer: what you would admit, and the sentence, including any suspended time
• any earlier arrest or conviction, in the United States or abroad
• trips abroad, and any pending green card, citizenship or asylum application

Bring the complaint or summons, the indictment if there is one, any written plea offer, your green card or passport and I-94, and every notice from USCIS or the immigration court. For an older case we need the certified court disposition, which a police report cannot replace.

A theft plea with a one-year sentence, even fully suspended, can make the conviction an aggravated felony, while a shorter sentence for the same offense may keep it out of that category. A diversion program can still count as a conviction if you admitted facts showing guilt and a judge ordered conditions such as supervision or community service. A permanent resident who flies home while a charge is pending can be stopped at the airport. Details like these decide whether a plea is safe, and they are what we check before you sign.

Criminal immigration cases we handle

• Immigration review of a pending charge or plea offer, for you and your criminal defense lawyer
• Permanent residents with an arrest or conviction who plan to travel, renew a green card or apply for citizenship
• Green card applications with a criminal record, including Form I-601 waivers
• Removal defense in immigration court after a conviction, including cancellation of removal
• Relatives held on an ICE detainer: finding where they are held and asking for bond where the law allows it
• Asylum cases where a conviction raises a bar to protection
• Checking whether post-conviction relief in the criminal courts could change the immigration result

Why clients bring a criminal case to Cruz Gold & Associates

• An immigration review before the plea. Zachary looks at the offer next to your immigration history and tells you which outcomes put your status at risk.
• Court defense in the same firm. If a conviction leads to a Notice to Appear, we represent you before the immigration judge and handle the appeal to the Board of Immigration Appeals.
• Waivers from the attorney who read the record. When an old conviction stands between you and a green card, we prepare the Form I-601 waiver and the hardship evidence it needs.
• Straight answers, even unwelcome ones. If a filing is not in your interest, or we cannot help, Zachary tells you so before you pay for it.

These reviews come from Ewing clients with green card and family cases. None of them came to us about a criminal charge.

Rated 5.0 on Google from 97 reviews of our Ewing office (October 2026)

What crimes can get you deported?

After admission, a permanent resident or visa holder can be deported on these grounds (INA 237(a)(2)):

• Crime involving moral turpitudeone conviction for an offense committed within five years after admission that carries a possible sentence of one year or more, or two moral turpitude convictions at any time after admission, whatever the sentence, unless they arose from a single scheme
• Aggravated felonya conviction at any time after admission, explained below
• Controlled substancesany drug conviction under state, federal or foreign law, except a single offense of possessing 30 grams or less of marijuana for your own use
• Firearmsbuying, selling, carrying or possessing a firearm in violation of any law
• Domestic violence, stalking and child abusea conviction for a crime of domestic violence, stalking, or child abuse, neglect or abandonment
• Violating a protection ordera court finding that you violated the part of a protection order that guards against threats of violence, repeated harassment or bodily injury, with or without a criminal conviction

For the five-year moral turpitude ground, what counts is the maximum sentence the law allows for the offense, whatever sentence you actually received. A full and unconditional pardon from the President or a governor removes the moral turpitude and aggravated felony grounds. It does not remove the drug, firearm or domestic violence grounds.

When does a criminal case count as a conviction for immigration?

The federal definition of a conviction is in INA 101(a)(48). A formal judgment of guilt counts. A case where the judge withholds a finding of guilt also counts if you pleaded guilty or no contest, or admitted enough facts to support guilt, and the judge ordered some punishment or restraint, such as probation or community service. A sentence counts in full even when the judge suspends it. A juvenile delinquency case is not a conviction (Matter of Devison), and USCIS says a diversion program that requires no admission or finding of guilt may not be one either (USCIS Policy Manual).

Charged in New Jersey, Pennsylvania or Texas

New Jersey

A disorderly persons offense counts as a conviction for immigration (Matter of S. Wong, 2022), and the Third Circuit upheld that in 2023 (Avila v. Attorney General).

Under the Attorney General's Immigrant Trust Directive, police and jails hold someone for ICE past release only if the person is charged with or was convicted of a violent or serious offense, was convicted of an indictable crime in the last five years, or has a final removal order signed by a federal judge, and then only until 11:59 p.m. that day. The Governor's office says a law signed on March 25, 2026 codifies the Directive (Governor's office). At the first court appearance, the prosecutor must confirm you were told that the charges may carry immigration consequences.

Pennsylvania

The court rules for Accelerated Rehabilitative Disposition (ARD) do not require a guilty plea (Pa.R.Crim.P. 310 to 320). What you say at the ARD hearing and the conditions the judge orders still need review. Pennsylvania's plea rule (Rule 590) does not yet mention immigration consequences; an amendment effective January 1, 2027 adds that warning (Pennsylvania Bulletin, August 2026).

Texas

Deferred adjudication starts with a plea of guilty or no contest (art. 42A.101), so it counts as a conviction for immigration even after Texas dismisses the case (Matter of Salazar-Regino). A pretrial intervention agreement can count too, when you admitted the facts and a judge ordered conditions (Matter of Mohamed).

Texas law enforcement agencies must honor ICE detainers unless the person shows proof of citizenship or lawful status (art. 2A.060), and since January 1, 2026 every sheriff who runs a jail must seek a 287(g) agreement with ICE (Gov't Code ch. 753). Texas judges must also warn every defendant before a plea that, for a non-citizen, it may lead to deportation (art. 26.13), but a warning of that kind says nothing about what a particular plea will do to your status.

What is an aggravated felony in immigration law?

An aggravated felony is a category of federal immigration law, and an offense that state law calls a misdemeanor can fall into it (INA 101(a)(43)). The main groups are:

• With no sentence requirementmurder, rape, sexual abuse of a minor, drug trafficking and firearms trafficking
• With a sentence of one year or more, even if suspendedtheft, including receiving stolen property; burglary; a crime of violence; forgery, counterfeiting and commercial bribery; obstruction of justice and perjury
• With more than $10,000 involvedfraud or tax evasion with a loss over $10,000, and money laundering of more than $10,000

Whether a state offense fits a group depends on the elements of the state statute compared with the federal definition. A simple DUI, for example, is not a crime of violence (Leocal v. Ashcroft).

An aggravated felony makes a person deportable and bars cancellation of removal for permanent residents (INA 240A(a)(3)), asylum (INA 208(b)(2)(B)(i)) and voluntary departure. A conviction on or after November 29, 1990 also bars citizenship permanently (8 CFR 316.10). After removal, the person cannot return at any time without the government's consent (INA 212(a)(9)(A)), and returning without it is a federal crime punishable by up to 20 years (8 U.S.C. 1326). For guilty or no-contest pleas and jury verdicts after September 17, 2026, the Board of Immigration Appeals also treats an aggravated felony as a separate bar to a green card (Matter of A-V-O-).

Can you get a green card with a criminal record?

A green card applicant, in the United States or at a consulate, must be admissible (INA 212(a)(2)). The main criminal grounds that block a green card are:

• a conviction for a crime involving moral turpitude or a drug offense, or admitting the essential elements of one, even without a conviction
• two or more convictions of any kind with total sentences of five years or more
• reason to believe you were involved in drug trafficking, with no conviction needed
• prostitution within the last 10 years

One moral turpitude offense is excused when its maximum possible penalty is one year or less and the sentence imposed was six months or less, or when you committed it under age 18 and both the crime and any jail time ended more than five years before applying. On September 22, 2026, the Board of Immigration Appeals held that an applicant's sworn admission at his green card interview that he had possessed and used cocaine made him inadmissible (Matter of Mendez Maldonado), so we prepare clients for those questions before the interview.

Form I-601 can waive moral turpitude offenses, multiple convictions, prostitution and a single possession of 30 grams or less of marijuana (INA 212(h)). It needs 15 years since the conduct and proof of rehabilitation, extreme hardship to a U.S. citizen or permanent resident spouse, parent, son or daughter, or VAWA self-petitioner status, and USCIS must also grant it in its discretion.

The waiver cannot cover other drug offenses. A person admitted to the United States as a permanent resident cannot use it after an aggravated felony conviction since that admission, or without 7 years of continuous lawful residence before removal proceedings began. For violent or dangerous crimes, approval needs extraordinary circumstances (8 CFR 212.7(d)). The provisional waiver on Form I-601A covers only unlawful presence, never a criminal ground (USCIS). A green card through adjustment of status is also discretionary, and a May 2026 USCIS memo tells officers to weigh the applicant's moral character (USCIS memo).

USCIS fees (fee schedule):

• Waiver of inadmissibility (I-601), filed with USCIS$1,050
• Green card application (I-485), age 14 or older$1,440 on paper, $1,390 online
• Permission to reapply after removal (I-212)$1,175

Can you become a U.S. citizen with a criminal record?

Citizenship generally requires good moral character during the five years before you apply and until the oath (INA 316). Some records end eligibility permanently: a murder conviction, or an aggravated felony conviction on or after November 29, 1990. Others bar it when they fall within those five years, such as a moral turpitude or drug offense (one possession of 30 grams or less of marijuana excepted), 180 days or more in jail on convictions, or two or more convictions with total sentences of five years or more (8 CFR 316.10). Two or more DUI convictions in that period create a presumption against good moral character (USCIS Policy Manual). USCIS can also look at conduct before the five years, and it will not approve the application while you are on probation, parole or a suspended sentence.

Since August 2025, USCIS officers are told to weigh the whole record, positive factors and misconduct alike (USCIS memo, August 15, 2025). Under a February 2025 memo, criminal cases generally go to ICE first, and USCIS issues a Notice to Appear when it denies an application, or the applicant withdraws it, from a removable person who was arrested for, charged with or convicted of a crime (USCIS memo, February 28, 2025). A record should therefore be checked for deportability before an N-400 is filed.

The N-400 asks about every offense, including expunged, sealed and juvenile cases, and you bring certified court records to the interview (N-400 instructions). The filing fee is $760 on paper or $710 online, and N-400 processing times differ from one USCIS field office to another.

What happens when ICE places a detainer?

An ICE detainer asks the jail to tell ICE before it releases a person, and to hold the person for up to 48 hours past release so ICE can take custody (ICE); the regulation does not count weekends and holidays in those 48 hours (8 CFR 287.7). ICE calls detainers requests, and whether a jail honors one depends on state law, which is why New Jersey and Texas differ.

Under the Laken Riley Act of January 2025, a person who entered without inspection, used fraud or misrepresentation, or lacks valid entry documents must be detained if charged with, arrested for, convicted of or admitting burglary, theft, larceny, shoplifting, assaulting a police officer, or a crime that causes death or serious bodily injury, even with no conviction (Public Law 119-1). Mandatory detention also covers people deportable for an aggravated felony, a drug or firearm offense or two moral turpitude convictions, and people inadmissible on criminal grounds (INA 236(c)). An immigration judge cannot set bond for them, although the person can ask the judge to decide whether they really fall into a mandatory group (EOIR Policy Memorandum 25-11).

To find a detained relative, search the ICE Online Detainee Locator with the A-number and country of birth, or the exact name and country of birth. Our page on deportation defense covers bond after the 2025 decision in Matter of Yajure Hurtado, and the detained courts in Elizabeth and Conroe.

Can a conviction be erased for immigration purposes?

A state expungement, or a dismissal after a rehabilitation program, does not remove a conviction for immigration purposes (Matter of Roldan). A conviction vacated because of a legal defect in the criminal case does (Matter of Pickering), and the person relying on the vacatur must show why the court granted it (Matter of De Jesus Platon, 2025). A later court order that changes a sentence counts for immigration only if it corrected a legal defect in the original case; otherwise the original sentence stands (Matter of Thomas and Thompson).

USCIS treats a conviction vacated because the criminal court failed to warn about immigration consequences as vacated for a defect (USCIS Policy Manual). Since 2010, criminal defense lawyers have also had to tell a non-citizen client whether a plea carries a risk of deportation (Padilla v. Kentucky), and a vacatur on that ground must still be shown to rest on a legal defect. Post-conviction relief is sought through the criminal courts under each state's rules and deadlines. In Pennsylvania, the petition is generally due within one year after the judgment becomes final (Pa.R.Crim.P. 901).

Laws, fees and decisions on this page were checked on uscis.gov, justice.gov/eoir, ice.gov, the New Jersey Attorney General's directive, federal statutes and regulations, and Pennsylvania and Texas statutes and court rules on October 6, 2026.

What happens after you call

1. Before the next criminal court date. Book the free consultation while the plea is still being negotiated.
2. Your options, compared. You get the immigration effect of each option on the table, and with your permission so does your defense lawyer.
3. When the criminal case closes. We order the certified disposition, which every later immigration filing will need.
4. The immigration step. A waiver, a renewal or a citizenship application, or a wait: USCIS will not approve an N-400 until probation or parole is over.
5. If ICE takes custody. Detained cases go to the Elizabeth court for New Jersey and Pennsylvania and to the Conroe court for the Houston area, and we defend the removal case there.

What a criminal immigration case costs

The first consultation with attorney Zachary Gold is free. A clean record usually means a lower fee, and criminal charges push it toward the higher end, as our page on what an immigration lawyer costs explains. Green card and citizenship filings usually have one flat fee, and immigration court work is billed by the hour against a retainer. A waiver also carries the $1,050 USCIS fee, paid to the government on top of our fee.

The attorney who reviews your record

Questions about criminal records and immigration

Can you be deported for a DUI?

A simple DUI is not on the list of crimes that make a permanent resident deportable, and it is not a crime of violence (Leocal v. Ashcroft). It can still cause trouble: an aggravated DUI while knowing your license was suspended can be a crime involving moral turpitude (Matter of Lopez-Meza), two DUIs create a presumption against the good moral character citizenship requires, and in 2026 the Board of Immigration Appeals denied release on bond to a man with drunk driving and boating arrests and a recent assault arrest (Matter of Morales Cuxun, 2026). A bill to make any DUI a ground for deportation passed the House in June 2025 and is not law (H.R. 875).

Can a green card holder be deported for a misdemeanor?

Yes, in some cases. Immigration law looks at the offense and the sentence, whatever label the state gives it. A drug, firearm or domestic violence misdemeanor can make a permanent resident deportable, and a theft misdemeanor with a one-year sentence, even suspended, can be an aggravated felony. In New Jersey, a disorderly persons offense counts as a conviction.

Can a green card holder be deported for domestic violence?

Yes. A conviction for a crime of domestic violence, stalking or child abuse after admission is a ground of deportation. So is a court finding that you violated the part of a protection order that guards against threats of violence, repeated harassment or bodily injury, including a civil restraining order from family court, even when there is no criminal conviction (INA 237(a)(2)(E)).

Does expungement help with immigration?

It does not remove the conviction for immigration purposes, and the citizenship form still asks about expunged records. A conviction vacated because of a legal defect in the criminal case no longer counts for immigration (Matter of Pickering).

Can I travel outside the U.S. with a criminal record?

Talk to a lawyer before you book a trip abroad. A permanent resident who has committed an offense that makes a person inadmissible is treated as seeking admission on the way back (INA 101(a)(13)(C)). In June 2026 the Supreme Court held that the officer at the border does not need clear and convincing proof of the offense to do that (Blanche v. Muk Choi Lau); the case involved a New Jersey charge still pending when the resident flew home.

Do I need an immigration lawyer if I already have a criminal defense lawyer?

Often, yes. Your defense lawyer must tell you whether a plea carries a risk of deportation, and the answer for your case depends on the exact statute, the sentence, your dates and your status. An immigration lawyer works those out for you and your defense lawyer before the plea, and your defense lawyer stays in charge of the criminal case.

How much does a criminal immigration lawyer cost?

It depends on what the case needs. Green card and citizenship filings usually have a flat fee quoted at the free consultation, and immigration court work is billed by the hour. Government fees come on top, for example $1,050 for a Form I-601 waiver filed with USCIS.

Related pages

• Deportation defense when a conviction leads to a Notice to Appear
• Green card lawyer for green cards and waivers
• Citizenship and naturalization once your record allows it
• Asylum lawyer when a conviction raises a bar to protection
• N-400 processing times for the citizenship timeline
• Immigration lawyers in New Jersey, our Ewing office
• Immigration lawyers in Philadelphia, our office on South Broad Street
• Immigration lawyers in Houston, our office on Caroline Street
• About attorney Zachary Gold
• What an immigration lawyer costs