When a Criminal Charge Becomes an Immigration Crisis
A single criminal charge — even a misdemeanor, even one that seems resolved — can put your green card, your visa, or your right to stay in this country at risk. Most people don't find out until after a plea has already been entered. At ATR Law Group, we evaluate the immigration consequences of any criminal charge from the very beginning, before any decision is made that can't be undone.
The Intersection of Criminal Law and Immigration Law Is Where Cases Get Lost
Crimmigration is the term used when criminal law and immigration law collide — and for non-citizens, that collision can be devastating. Green card holders, visa holders, DACA recipients, and long-term residents can all face deportation as a direct consequence of certain criminal convictions under federal immigration law. The problem is that most criminal defense attorneys are not immigration lawyers, and most immigration attorneys don't handle criminal cases. That gap is where people lose their status, their cases, and their futures.
ATR Law Group is built differently. We practice both criminal defense and immigration law, which means we can see the full picture of what a charge means — not just in a Phoenix courtroom, but before USCIS and in immigration court. Your criminal defense attorney should know immigration law too. Ours does.
Aggravated Felonies
Aggravated felony is a federal immigration classification — and it does not require a felony conviction under state law. Offenses including drug trafficking, theft with a sentence of one year or more, fraud above a certain threshold, and certain crimes of violence can all qualify. An aggravated felony conviction makes a non-citizen permanently deportable, bars most forms of immigration relief, and can result in mandatory detention. If you or a family member has been charged with an offense that could be classified this way, the immigration consequences must be evaluated immediately — before any plea is discussed.
Crimes Involving Moral Turpitude (CIMTs)
Crimes involving moral turpitude is a legal category that includes fraud, theft, assault with intent to harm, and a range of other offenses. A single CIMT conviction can make a non-citizen deportable if it carries a potential sentence of one year or more. Two CIMT convictions at any point in a person's life can also trigger deportability. What makes this category especially dangerous is that charges which appear minor under state law — or which were resolved through diversion or deferred adjudication — may still qualify as CIMTs under federal immigration law. We review the full record, not just the most recent charge.
Controlled Substance Offenses
Any conviction related to a controlled substance — including simple possession — is grounds for deportation under federal immigration law. There is no minimum threshold. A first-time possession charge that results in a state diversion program may still be treated as a conviction for immigration purposes. For clients pursuing a green card, naturalization, or any other immigration benefit, a drug charge on record creates a serious obstacle that must be addressed directly and strategically.
DUI and Domestic Violence Charges
A DUI in Arizona does not automatically trigger immigration consequences, but aggravating factors — a second offense, a DUI involving drugs, or a DUI classified as a felony — can change that analysis significantly. Domestic violence offenses carry their own immigration weight: a conviction for a crime of domestic violence makes a non-citizen deportable under federal law, regardless of how the charge was resolved at the state level. Both charge types require an attorney who understands what the immigration system will see in a record, not just what the criminal court record shows.
Old Convictions Can Still Surface — and Still Cause Damage
One of the most common surprises in immigration cases is discovering that a conviction from years ago — a guilty plea entered quickly, a misdemeanor that seemed minor at the time, a charge that was set aside or expunged under state law — still carries full weight under federal immigration law. Federal immigration statutes do not recognize state-level expungements or record sealing in the way most clients expect. A conviction that was cleared from your state record may still be treated as a conviction by USCIS or an immigration judge.
We review a client's full criminal history as part of any immigration representation. If something in that history creates a risk, we identify it before it surfaces somewhere else — in a green card interview, a naturalization application, or a removal proceeding.
Why Plea Deals Require Immigration Review Before You Sign
A plea deal that looks favorable under Arizona criminal law can still be an immigration disaster. Reduced charges, deferred adjudication, and diversion programs are often presented as wins — and in a purely criminal context, they may be. But under federal immigration law, what matters is the nature of the offense, not the label attached to it after negotiation. A plea to a reduced charge can still qualify as a CIMT. A diversion program can still be treated as a conviction. Accepting a deal without immigration review means making a permanent decision with incomplete information.
At ATR Law Group, we advise on the immigration implications of any proposed plea before a client agrees to anything. If a proposed resolution creates deportation risk, we work to find an alternative that protects both the criminal case and the immigration case.
How ATR Law Group Handles Crimmigration Cases
Our cross-practice capability is what makes this work. When a non-citizen client faces a criminal charge, we do not separate the criminal defense strategy from the immigration analysis — they are evaluated together from the first conversation. Here is how we approach these cases:
- We identify the immigration classification of every charge before any plea or resolution is discussed.
- We review the client's full immigration history and current status to understand what is at stake.
- We advise on the immigration consequences of every proposed plea, diversion, or disposition.
- We coordinate criminal defense strategy with immigration case posture so that a resolution in one proceeding does not undermine the other.
- Where a prior conviction is creating a problem in an ongoing immigration case, we evaluate whether any post-conviction relief options are available.
- We represent clients in both criminal court and immigration court when both proceedings are active.
One Firm. Both Sides of the Law.
Most people facing a criminal charge and an immigration case have to hire two separate attorneys and hope they communicate. At ATR Law Group, that coordination happens inside one firm, with one team that understands both proceedings and what each one means for the other. We offer free consultations, bilingual service in English and Spanish, and WhatsApp access for clients who need to reach us quickly. If a criminal charge is putting your immigration status at risk, the time to act is before any plea is entered — not after.
Frequently Asked Questions About Crimmigration in Arizona
Can a green card holder be deported for a criminal conviction?
Yes. Lawful permanent residents can be placed in removal proceedings and deported based on certain criminal convictions, including aggravated felonies, crimes involving moral turpitude, and controlled substance offenses. Long-term residency does not provide immunity from deportation if a conviction falls into a deportable category under federal law.Can a DUI affect my green card in Arizona?
A single first-offense DUI without aggravating factors typically does not trigger automatic deportability, but it can create complications in naturalization and green card renewal. A second DUI, a felony DUI, or a DUI involving controlled substances carries significantly higher immigration risk and should be evaluated by an attorney who handles both areas of law before any plea is entered.Will a drug charge get me deported in Phoenix?
Any controlled substance conviction — including simple possession — is a basis for deportation under federal immigration law. This applies even to first-time offenses and even when state-level diversion or expungement is involved. If you are a non-citizen facing a drug charge in Phoenix or anywhere in Maricopa County, the immigration consequences must be part of your defense strategy from the beginning.What is a crime involving moral turpitude, and why does it matter for immigration?
A crime involving moral turpitude (CIMT) is a legal category under federal immigration law that includes offenses generally considered to involve fraud, dishonesty, or intent to harm. A CIMT conviction can make a non-citizen inadmissible or deportable depending on the sentence and the number of convictions. The category is broader than most people expect, and a charge that appears minor under state law may still qualify.Can an old conviction affect my current immigration case?
Yes. Federal immigration law does not recognize state-level expungements or record sealing the way most clients assume. A conviction that was set aside, dismissed after diversion, or sealed under Arizona law may still be treated as a conviction by USCIS or an immigration judge. We review a client's full criminal history before any immigration filing to identify and address these risks proactively.
