One of the most critical — and often overlooked — areas of immigration law is the intersection with criminal law. A criminal conviction, even for what seems like a minor offense, can have severe and permanent immigration consequences.
Why Criminal-Immigration Law is Complex
Immigration law classifies offenses differently than criminal law. An offense that results in probation or a minor fine in Texas state court can still trigger automatic deportation under federal immigration law. This is sometimes called “crimmigration” — the overlap of criminal and immigration law.
Categories That Trigger Deportation
Aggravated Felonies
Under immigration law, “aggravated felony” has a much broader meaning than in criminal law. It includes murder, drug trafficking, firearms offenses, fraud over $10,000, and even some misdemeanor theft convictions. An aggravated felony conviction generally results in mandatory deportation with no discretion for the judge.
Crimes Involving Moral Turpitude (CIMT)
A broad category including fraud, theft, assault, and many others. Even one CIMT can make a person deportable if convicted within 5 years of admission. Two CIMTs at any time can also trigger removal.
Controlled Substance Offenses
Any drug conviction (except simple possession of 30g or less of marijuana for personal use) can make a person both deportable and permanently inadmissible.
Domestic Violence Convictions
A conviction for domestic violence, violation of a protective order, or crimes against children can result in deportation.
Texas-Specific Issues
Texas deferred adjudication (no final conviction on record) may still count as a conviction under immigration law. This surprises many people. Before accepting any plea deal, an immigrant should consult both a criminal attorney and an immigration attorney.
Post-Conviction Relief
In some cases, it may be possible to seek post-conviction relief such as a motion for new trial, appeal, or expungement to vacate a conviction that triggers immigration consequences. However, Texas expungements may not have the same effect under federal immigration law.
What To Do If You Have a Criminal History
- Do not assume a conviction does not affect your immigration status
- Consult an immigration attorney before filing any applications
- Explore whether any waivers are available for your situation
- Get a copy of your full criminal record for review
Attorney Advertising. Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Results may vary based on individual circumstances. Luis F. Hess, . Prosperidad Inmigración, 6671 SW Freeway Suite 820, Houston, TX 77074.
⚡ Schedule a consultation to review your immigration and criminal history — (281) 688-5958