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If you are not a U.S. citizen and you are facing a criminal charge — or if you have accepted a plea deal in the past — your immigration status could be at risk. This includes green card holders, visa holders, DACA recipients, and undocumented individuals. A guilty plea, a deferred adjudication, or even certain arrests can trigger deportation proceedings. Before you accept any deal in a criminal case, you need to speak with an attorney who understands both criminal and immigration law.
Why This Matters More Than Most People Realize
Many non-citizens — and even some criminal defense attorneys — do not fully understand how deeply immigration law and criminal law overlap. A charge that seems minor in a Texas courtroom can be catastrophic under federal immigration law. A plea deal that keeps you out of jail could still get you deported. A case that was dismissed or expunged in state court may still appear in federal immigration databases.
This is not a hypothetical. It happens regularly. And the consequences — removal from the country, separation from family, a permanent bar from returning — can be permanent.
Crimes That Can Trigger Deportation
Federal immigration law — not Texas law — determines which offenses can lead to removal. The categories most likely to trigger deportation include:
- Aggravated felonies. The name is misleading — under immigration law, an “aggravated felony” includes many offenses that are not felonies under state law. Examples include drug trafficking, theft or burglary with a sentence of one year or more (even if suspended), and fraud causing more than $10,000 in loss. An aggravated felony conviction means mandatory deportation with almost no path to relief.
- Crimes involving moral turpitude (CIMTs). This is a broad category that includes theft, fraud, assault, and domestic violence. A single CIMT committed within five years of entering the U.S. can make you deportable. Two CIMTs at any point in time can as well.
- Drug offenses. Almost any controlled substance conviction can make a non-citizen deportable and inadmissible.
- Domestic violence and protective order violations. These are grounds for deportation even as misdemeanors. Child abuse convictions fall into this category as well.
The Deferred Adjudication Trap
In Texas, deferred adjudication is often presented as a way to avoid a conviction — you complete probation, the case is dismissed, and your record stays clean. For U.S. citizens, this can be a good outcome.
Under federal immigration law, a deferred adjudication is treated as a conviction. The guilty plea you entered at the beginning of the process — before the case was deferred — is enough. USCIS and immigration courts do not care that the state case was later dismissed. If that plea involved a deportable offense, you are at risk.
What About Expungements?
A Texas expungement removes your record from state databases — but it does not erase it from federal immigration records. If you apply for a green card, a visa, citizenship, or any other immigration benefit, you are still required to disclose criminal history that was expunged under Texas law. Failing to disclose it is treated as willful misrepresentation, which is its own ground of inadmissibility.
The bottom line: an expungement helps you in Texas, but it does not protect your immigration status.
How Status Affects Your Risk
Your immigration status affects how a criminal charge plays out, but no status provides full protection:
- Green card holders can be deported or lose their residency based on certain convictions. Traveling outside the U.S. while a criminal case is pending — or after certain convictions — can result in being denied re-entry at the border. Permanent residents with long U.S. ties may have access to a defense called cancellation of removal, but this is not available for aggravated felony convictions.
- Visa holders can have criminal history discovered during a renewal or change-of-status application, which can result in a finding of inadmissibility and a referral to ICE — even for charges that occurred years earlier.
- DACA recipients can lose their DACA status for certain criminal convictions, and as of April 2026, DACA alone no longer automatically pauses an open removal case.
- Undocumented individuals face the highest exposure. Any contact with law enforcement creates an opportunity for ICE involvement, and a criminal charge significantly increases the risk of detention and removal proceedings.
What to Do If You or Someone You Know Is Facing a Charge
The most important step is to get legal advice before accepting any plea. A criminal defense attorney may negotiate a good deal under Texas law without realizing the immigration consequences. Even a charge that results in no jail time — probation, a fine, community service — can be enough to trigger removal if the underlying offense falls into one of the categories above.
Practical steps:
- Do not accept a plea or sign any documents without first consulting an attorney who understands immigration law.
- Do not speak to ICE without an attorney present. You have the right to remain silent.
- Do not travel outside the United States while a criminal case is open or your status is uncertain.
- Disclose all criminal history honestly on any immigration applications — including arrests, dismissed charges, and expunged records.
- If you previously accepted a plea without understanding the immigration consequences, post-conviction relief may be available. This requires coordination between a criminal attorney and an immigration attorney.
Have Questions About How a Criminal Charge Could Affect Your Immigration Status?
At the Law Office of Sovmya George, PLLC, we focus on immigration law — which means we understand how a criminal charge can affect your visa, your green card, your DACA status, or your ability to remain in the United States. If you or someone you know is a non-citizen concerned about how a past or current charge may affect their immigration status, we can help you understand your options.
We serve immigration clients nationwide.
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Sources
- U.S. Immigration and Nationality Act (INA) – Grounds of Deportability, 8 U.S.C. § 1227 (uscode.house.gov)
- U.S. Immigration and Nationality Act (INA) – Grounds of Inadmissibility, 8 U.S.C. § 1182 (uscode.house.gov)
- INA § 101(a)(43) – Definition of Aggravated Felony, 8 U.S.C. § 1101(a)(43) (uscode.house.gov)
- INA § 237(a)(2) – Criminal Offenses as Grounds for Removal (uscode.house.gov)
- U.S. Citizenship and Immigration Services (USCIS) – “Crimes and Immigration” (uscis.gov)
- U.S. Department of Justice, Executive Office for Immigration Review – Immigration Court Practice (justice.gov/eoir)
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Immigration and criminal law change frequently and vary by individual circumstances. If you have questions about your specific situation, consult a licensed attorney as soon as possible.