Can You Be Deported for Committing a Crime?
For non-citizens living in the United States—whether on a visa, green card, or undocumented—facing criminal charges can be terrifying. One of the most urgent concerns is whether a criminal charge could lead to deportation. Unfortunately, the answer is yes: under U.S. immigration law, certain crimes can trigger removal proceedings and result in deportation from the country. But not every criminal charge leads to deportation, and much depends on the type of offense, your immigration status, the outcome of your criminal case, and whether you have an experienced attorney protecting your rights.
Immigration Status Matters
Before we look at the crimes themselves, it’s important to understand that deportation risks vary depending on your status:
Undocumented immigrants are vulnerable to deportation at any time, but a criminal arrest can increase ICE’s involvement.
Visa holders (like students, tourists, or work-based visa recipients) can face deportation or visa cancellation if arrested or convicted.
Green card holders (lawful permanent residents) have more protection than undocumented individuals, but they can still be deported for certain offenses.
DACA recipients and others with temporary protections (like TPS or asylum) may lose their status entirely if convicted of a disqualifying offense.
Even a seemingly minor conviction can affect your ability to renew your visa or apply for naturalization in the future. That’s why it’s critical to work with an attorney who understands how criminal and immigration law intersect.
What Types of Crimes Can Lead to Deportation?
There are two broad categories of crimes that are considered deportable under immigration law: Crimes of Moral Turpitude and Aggravated Felonies.
Crimes of Moral Turpitude (CMT)
This is a vague legal term, but it generally refers to crimes involving dishonesty, fraud, or behavior that offends societal standards. Common examples include theft, fraud, domestic violence, drug offenses, and some assault charges. A single conviction for a Crime of Moral Turpitude within five years of admission to the U.S. can lead to removal—especially if the offense is punishable by one year or more in jail. Two or more CMTs, regardless of when they occur, can also trigger deportation.
Aggravated Felonies
Despite the name, an “aggravated felony” under immigration law doesn’t always match up with what’s considered a felony under state law. Some misdemeanors under Illinois law might be classified as aggravated felonies for immigration purposes. These include:
Firearm offenses
Sexual abuse
Murder or attempted murder
Rape or sexual assault
Money laundering
Certain fraud offenses involving more than $10,000
Conviction of an aggravated felony usually makes you deportable and ineligible for most forms of relief, including asylum or cancellation of removal. It also bars you from re-entering the U.S. after deportation.
What About DUI Charges?
DUI offenses are very common, but not all DUIs are deportable. A simple, first-time DUI may not result in removal proceedings, especially if there was no injury or aggravating factor. However, DUIs combined with other offenses, such as driving on a suspended license, DUI with a minor in the vehicle, repeat DUI convictions, or DUI involving injury or death, can raise red flags and lead to immigration consequences. If you are charged with DUI and you are not a U.S. citizen, it is critical to have a defense attorney who understands how to protect your immigration status.
What If I Wasn’t Convicted?
Even if your case is dismissed or you’re never formally convicted, you can still face serious immigration consequences. Admissions of guilt—like those made during a guilty plea—can still be used against you in immigration court, even if the charge is eventually dropped or deferred. In some situations, simply being arrested may put you on ICE’s radar, especially if the underlying offense is considered serious. Additionally, pre-trial diversion or court supervision agreements that avoid a conviction under state law may still be treated as convictions under federal immigration law. The bottom line: never accept a plea deal or agree to any court resolution without first speaking to a criminal defense attorney Chicago who understands the immigration consequences. What seems like a quick fix in criminal court could end up putting your status—and your future in the U.S.—at risk.
Can a Clean Record Be Restored?
Yes, in some cases. If you’ve already been convicted of a crime that’s now jeopardizing your immigration status, you may have options:
Post-conviction relief: In some cases, you can ask the criminal court to vacate or amend your conviction, especially if your constitutional rights were violated or you weren’t properly advised of the immigration consequences.
Expungement or sealing: While these processes don’t always erase the conviction for immigration purposes, they can still improve your record and sometimes help with future applications.
Pardon: A rare but powerful option that can eliminate immigration consequences for certain convictions.
Every case is different, and timing is critical. The sooner you act, the more options you may have.
What Should You Do If You’re Facing Criminal Charges?
If you’re a non-citizen and have been arrested or charged with a crime in Illinois, it’s critical to take immediate, informed action to protect both your legal and immigration status. First and foremost, do not plead guilty to any charge without consulting an attorney. Many immigrants accept plea deals hoping to quickly resolve their case, only to find out later that the plea disqualifies them from immigration relief or leads directly to deportation proceedings.
It’s essential to work with a lawyer who understands both criminal and immigration law. The immigration consequences of a conviction aren’t always obvious, and even seasoned Chicago criminal defense lawyer may not fully grasp how a specific charge or plea agreement could impact your ability to stay in the U.S. You should also avoid speaking to ICE or any immigration officials without legal representation, as anything you say can be used against you.
Finally, be completely honest with your attorney about your immigration history. Full transparency allows them to build the best possible defense and protect you from unintended consequences. When your status in the U.S. is on the line, having the right legal team behind you can make all the difference.
How Bernard Law Can Help
At Bernard Law, we understand that criminal charges affect more than your record—they can affect your ability to live, work, and raise your family in the U.S. That’s why we approach every case with a full understanding of both criminal defense and immigration consequences.
Whether you’ve been charged with DUI, unlawful firearm possession, domestic battery, or theft—we’re here to protect your rights, your freedom, and your future in this country. We also assist with expungement, post-conviction relief, and proactive legal strategies to keep your immigration journey on track.
Don’t let fear or a mistake define your future. If you or someone you love is facing criminal charges and has immigration concerns, now is the time to get legal help. Contact Bernard Law today for a confidential consultation. We’ll help you understand the risks, build a strong defense, and fight for your right to stay in the U.S.