How Does a Criminal Conviction Impact Immigration Status?

 Posted on April 14, 2026 in Immigration

A criminal conviction can have serious consequences for anyone who is not a U.S. citizen. This includes green card holders, visa holders, and people with temporary protected status. Depending on the crime, a conviction can lead to deportation, a ban from returning to the United States, or a permanent block on becoming a citizen.

These consequences are separate from whatever happens in criminal court. That means even a sentence with no jail time can still cause immigration problems. If you are not a citizen and you are facing criminal charges, or you have already been convicted, talking to a Naperville, IL immigration lawyer right away is one of the most important things you can do.

Why Does a Criminal Conviction Affect Immigration Status?

Immigration law and criminal law work differently. Under the Immigration and Nationality Act (INA), certain crimes can make a non-citizen deportable, inadmissible, or unable to apply for immigration benefits like a green card or citizenship. The criminal court does not think about your immigration status when it sentences you. Immigration authorities do not think about your criminal sentence when deciding whether to remove you. The two systems work independently of each other, which is why immigration consequences can catch people completely off guard.

What Types of Crimes Can Lead To Deportation?

Not every conviction causes immigration problems, but many do. Under 8 U.S.C. § 1227, the INA identifies several categories of crimes that can make a non-citizen deportable. These include:

• Aggravated felonies, which under immigration law can include crimes that are not even felonies under state law, such as certain theft offenses or any crime that results in a sentence of one year or more

• Crimes involving moral turpitude, a broad category that can include fraud, theft, and assault

• Drug offenses, including simple possession, in many cases

• Convictions for domestic violence, stalking, or violations of protective orders

• Firearms offenses

• Crimes against children

It is important to know that the label Illinois puts on a crime does not always control how immigration law treats it. A misdemeanor under Illinois law can still count as an aggravated felony under federal immigration law, depending on the sentence and the nature of the offense.

Does It Matter Whether You Are a Green Card Holder or a Visa Holder When You Are Convicted of a Crime?

If convicted, both green cards and visas are at risk. Many people think that having a green card protects them from deportation. It does not. A green card holder convicted of a deportable offense can be placed in removal proceedings just like someone on a temporary visa. The difference is that green card holders may have more options to fight removal based on how long they have lived in the United States and their ties to family here.

For visa holders, a conviction can get the visa revoked and bar the person from re-entering the country, even after a short trip abroad. This can happen without any formal removal proceeding ever being started.

Can a Guilty Plea Trigger Immigration Consequences?

Under 8 U.S.C. § 1101(a)(48)(A), a guilty plea is treated the same as a conviction for immigration purposes. That means accepting a plea deal, even to a lesser charge, can still result in deportation if the offense falls into a deportable category.

In the U.S. Supreme Court case Padilla v. Kentucky, the Court ruled that criminal defense attorneys must tell non-citizen clients about the immigration consequences of a guilty plea. If your criminal attorney did not do this, it may be possible to challenge the conviction.

Is It Possible To Avoid Immigration Consequences After a Conviction?

There are a few paths that may help avoid deportation after a conviction, depending on the situation. An immigration attorney may be able to pursue a waiver in certain cases. If the conviction happened because of bad legal advice, it may be possible to challenge it through post-conviction relief. In some cases, the exact wording of the conviction record matters, and working with both a criminal and immigration attorney to make sure that record is accurate can make a real difference.

In 2026, immigration enforcement in Illinois remains a major concern for many families, making it more important than ever to deal with any conviction that could affect your status before it becomes an active case against you.

Schedule a Free Consultation With Our Illinois Immigration Lawyer Today

The place where criminal law and immigration law meet is one of the hardest areas for any non-citizen to navigate alone. Attorney Steven H. Mevorah has been serving immigrants throughout Northern Illinois for more than 40 years. He understands what is at stake when a criminal conviction threatens your immigration status and can help you figure out your options, whether you are trying to get ahead of a problem or deal with something already in motion.

Call Mevorah & Giglio Law Offices at 630-932-9100 to talk with our Naperville, IL immigration lawyer today.