If you are not a citizen and have been arrested
Ask an immigration lawyer before any plea
A plea deal can look like a bargain, such as release today or no jail time, and still be the worst choice for your status. Have an immigration lawyer review it before you sign.
You can stay silent with ICE too
If immigration officers ask about your birthplace or status, you can remain silent and ask for a lawyer. Do not sign anything.
With a pending case, do not travel abroad
A green card holder with a pending case or certain convictions can be treated as seeking admission on return, and may be refused entry.
Gather your old case papers
Past arrest records, judgments, and plea forms all affect the analysis. If you cannot find them, we can help obtain them.
Hold off on green card or naturalization filings
Filing with a criminal record can draw scrutiny from immigration authorities. Assess the risk first, then decide when to file.
What the law says
These are general rules. Each case depends on the offense, the sentence, and your immigration status.
California Penal Code 1016.3
Defense counsel must consider and accurately advise non-citizen clients about the immigration consequences of a plea and, where possible, negotiate to avoid them. Prosecutors must also consider immigration consequences in plea negotiations.
Padilla v. Kentucky
The U.S. Supreme Court held in 2010 that defense lawyers must tell non-citizen clients how a plea will affect their immigration status.
California Penal Code 1473.7
A person who is no longer in criminal custody and did not understand the immigration consequences of a plea can sometimes move to vacate the conviction. Success depends on the record and the actual effect.
Immigration law defines 'conviction' its own way
A California dismissal under PC 1203.4 generally does not remove immigration consequences. Diversion that requires a guilty plea may still count as a conviction.
Sentence length matters
California caps misdemeanor sentences at 364 days, partly because a one-year sentence can trigger harsher immigration treatment. The length and form of the sentence are part of the negotiation.
The highest-risk categories
The same offense can have different consequences depending on your status, when you were admitted, and the sentence. Each case needs its own analysis.
- Crimes involving moral turpitude：Such as theft, fraud, and some assaults. Committed within a few years of admission, or more than once, they can lead to removal and affect admission, green cards, and naturalization.
- Drugs：Almost any controlled-substance conviction has serious consequences for non-citizens, with very narrow exceptions such as a single offense of possessing 30 grams or less of marijuana for personal use.
- Domestic violence, stalking, child abuse, protective order violations：Each of these can be a ground of removal on its own.
- Aggravated felonies：Broader than the name suggests: theft or violent offenses with a sentence of a year or more, or fraud with losses over $10,000. The consequences are the most severe, and most forms of relief are barred.
- Firearms offenses：Many firearms convictions are a ground of removal in themselves.
How we help
Immigration analysis before any plea
Before you accept any offer, our immigration lawyers analyze each plea option: the offense, the code section, the sentence, and the wording of the factual basis.
Negotiation guided by that analysis
Our criminal defense lawyer negotiates with the prosecutor for an alternative charge or disposition with less immigration impact. What is achievable depends on the case.
Revisiting old convictions
If no one explained the immigration consequences at the time, we evaluate a motion to vacate under PC 1473.7.
Next steps on immigration filings
Our immigration team handles when to file for a green card or naturalization and which court records to include.
Federal court when needed
When an immigration case is unreasonably delayed or wrongly denied, a federal lawsuit against the agency is sometimes an option.
Related matters
These examples are adapted from similar matters handled by our firm and other firms. Names, dates, places and amounts have been changed, and the outcomes are illustrative only.
A Ten-Year-Old Theft Case Surfaced During Naturalization, With No Immigration Advice Given at the Time. The Conviction Was Vacated, and a Plea to Trespass Resolved the Case
Old theft conviction vacated · Resolved same day on a lesser plea
Thought Accepting a Minor Plea Was Harmless. An Immigration Interview Revealed an Old Drug Case in the Way. Application Withdrawn, Conviction Vacated, Then Refiled
Old drug conviction vacated · Immigration path reopened
Pushed His Wife During an Argument. A Green Card Holder Faced a Domestic Violence Charge and Possible Removal. Resolved Through Classes and a Disturbing-the-Peace Plea
Pleaded to disturbing the peace · Domestic violence charge dismissed
Fees for criminal cases
Free first consultation
Tell us what happened and what paperwork you have. We will tell you how serious the charge is and what needs to happen next.
Flat fee, explained before you sign
Criminal matters are handled for a flat fee. What it covers, and what is billed separately, is written into the engagement agreement before you sign.
Court and third-party costs are separate
Court fines, class fees, and DMV fees are charged by the court or other agencies, not by us. We tell you about them in advance.
- Under the California Rules of Professional Conduct, a lawyer may not charge a fee in a criminal case that depends on the outcome.
- We do not promise any particular result. Every case turns on its own facts and evidence, and past results do not guarantee future outcomes.
Criminal cases and immigration FAQ
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
