If you or a loved one faces criminal charges in New York and worries about immigration status, you are not alone. The intersection of criminal law and immigration law—often called “crimmigration”—poses real risks for immigrants, green card holders, and visa recipients across the state. One arrest or charge can threaten years of family unity and hard work. At Usher Law Group, we draw on our understanding of New York’s legal system and the unique realities of immigration law to help you make smart decisions when it matters most. We communicate clearly, provide accessible support in English, Russian, and Spanish, and focus on protecting your future every step of the way.
What Does Crimmigration Mean for Immigrants in New York?
Crimmigration refers to where criminal and immigration laws overlap, resulting in serious consequences for many immigrants. In New York, almost any involvement with the criminal legal system—no matter how minor—can put lawful status, family stability, and future opportunities at risk. Anyone with a green card, student visa, work permit, or without legal status can face crimmigration issues. New York’s diverse immigrant communities often encounter additional uncertainty because local courts and federal agencies interact frequently and information moves quickly through official channels.
The crimmigration process starts as soon as an arrest happens. Law enforcement and courts may share arrest or conviction information with immigration authorities. For those navigating language barriers or who have little familiarity with the justice system, crimmigration problems become even more complicated. The stakes are immediate and high, as federal and state laws do not always align, and even small mistakes can have lasting effects. Understanding crimmigration in New York means knowing your legal and immigration status can change rapidly, sometimes before you realize it.
Real-life cases often involve green card holders facing accusations of minor theft, students apprehended for alleged misconduct, or undocumented individuals stopped during routine police encounters. The impact is direct and personal: each year, thousands of people in New York discover that a single criminal charge can suddenly threaten their ability to remain in the country. Working with attorneys who have handled both criminal and immigration matters—especially those who communicate in your preferred language—can be vital to protecting yourself at this delicate intersection.
How Can a Criminal Charge Impact Your Immigration Status?
Criminal charges in New York can set off a series of events that put your immigration status at risk, even before any verdict is reached. Whether you have a green card, a nonimmigrant visa, or undocumented status, facing criminal allegations means potential contact with immigration enforcement and changes to your ability to stay or return to the U.S.
Some charges considered minor under New York law—shoplifting, minor assault, or possession offenses—can create serious problems if labeled as deportable offenses under federal law. Authorities in New York often report arrests to federal immigration agencies. This can trigger an ICE detainer, restrictions on immigration benefits, or launch removal proceedings.
The specific risk depends on your particular immigration category:
- Green card holders can lose eligibility for citizenship or reentry privileges.
- Visa holders may have their visas revoked or face bans on renewal or extension.
- Undocumented immigrants are at risk of swift removal proceedings and face fewer available defenses.
Even if a state court grants a favorable outcome, the federal government may interpret the incident differently and still impose penalties. Plea agreements that avoid jail time might count as convictions for immigration purposes, and any perceived admission of guilt can impact your file. The only effective defense is one built with both immigration and criminal laws in mind, so every agreement or legal decision keeps your long-term interests at the center.
We regularly guide clients through these legal risks, pointing out where criminal court resolutions may conflict with federal immigration definitions. One careful conversation early in the process can preserve years of effort and help protect your family’s livelihood.
Which Crimes in New York Can Cause Deportation or Bar Immigration Benefits?
Certain criminal convictions in New York can make a person removable or ineligible for future immigration benefits. Federal immigration law pays special attention to so-called “crimes involving moral turpitude,” aggravated felonies, controlled substance violations, and defined acts of domestic violence. People are often surprised to learn that even minor misdemeanors may carry these consequences based on the circumstances or legal definitions used in their case.
For reference, the following crimes are most commonly linked to deportation or inadmissibility concerns:
- Theft, fraud, or offenses involving deceit—often classified as “moral turpitude.”
- Assault or domestic violence, particularly if injuries or restraining orders result.
- Drug offenses of almost any kind, with limited exceptions for first-time marijuana possession.
- Firearms crimes, certain sex offenses, and serious financial fraud classified as aggravated felonies under federal definitions.
U.S. immigration law and New York state criminal law do not always match on what constitutes these offenses. For example, a plea to a larceny misdemeanor might result in removal where another possible charge would not. Similarly, a case resolved through diversion or probation under state law may still trigger immigration consequences if the federal government considers it a conviction.
These differences place a premium on precise legal strategy and communication with both criminal defense and immigration attorneys. Every charge, plea, or adjudication needs close evaluation before making any agreements—especially when consequences can include mandatory removal or permanent bars to legal status in the U.S.
What Immediate Steps Should You Take After an Arrest in New York to Protect Immigration Status?
The moments following an arrest in New York are crucial for safeguarding your immigration options. Law enforcement and court personnel move quickly, and any misstep or statement may appear in your record within hours. Even if police or prosecutors seem to offer help or quick solutions, acting carefully is the only way to avoid unintended immigration consequences down the road.
Here are the steps we urge every immigrant to follow immediately after an arrest:
- Do not discuss your immigration status, birthplace, or how you entered the country with police or officials.
- Request to speak with a lawyer before making any statements or signing documents.
- Ask for an interpreter if you are not confident speaking English, to ensure precise understanding and communication.
- Contact a family member or trusted friend to help locate a law firm with direct experience in both criminal and immigration law.
- Never agree to a plea, diversion, or any agreement until you have fully discussed immigration risks with your legal team.
Following these protocols from the beginning can make a huge difference. Officers and prosecutors will usually move the process forward rapidly, and small, avoidable mistakes—like signing documents in a language you do not read fluently—may later hurt your case. Our bilingual team, communicating in English, Russian, and Spanish, can help bridge misunderstandings and give you control at a time when everything may seem out of your hands.
The time right after an arrest is also when we can work most effectively to prevent an ICE detainer from being lodged, or to challenge mistakes in the criminal record. The sooner you contact a qualified legal ally, the better your chances of managing the risk and making informed decisions under pressure.
Can You Avoid or Reduce Immigration Damage from a Conviction in New York?
Many people worry that an arrest inevitably leads to immigration disaster, but several options and strategies exist that may limit—or sometimes avoid—these outcomes. In New York, negotiating plea agreements or pursuing diversion programs often changes the type or severity of criminal disposition in a way that protects future immigration opportunities. It requires legal teams who understand both the state criminal system and the detailed rules of federal immigration law.
Some cases may qualify for pre-trial diversion programs, such as adjournments in contemplation of dismissal (ACD) or conditional discharge. With these outcomes:
- Court supervision or program completion can lead to charges being dropped if all conditions are satisfied.
- Formal convictions may be avoided under state law, but the actual immigration effect must be checked closely, as immigration authorities often review underlying facts as well.
Plea bargaining may also help, especially if charges can be reduced to offenses that do not fit the federal definition of “crimes involving moral turpitude” or “aggravated felonies.” However, the smallest details can change outcomes—a plea to disorderly conduct may be safe, while a theft plea is not. Only a lawyer with true crimmigration experience should guide such decisions.
When convictions have already occurred, post-conviction relief is sometimes available. Courts may vacate convictions due to legal errors or if your rights were not properly explained, particularly the immigration consequences. Successful motions to reopen cases or seek relief have helped people regain eligibility for green cards or prevent removal, but the process is complex and often time-sensitive. At Usher Law Group, we review your full case and identify every available opportunity to reduce the impact on you and your family.
How Do New York Courts & ICE Interact in Criminal & Immigration Cases?
The relationship between New York’s criminal justice system and Immigration & Customs Enforcement (ICE) creates additional complexity for immigrants charged with crimes. While New York City and some local jurisdictions have enacted “sanctuary” policies to reduce ICE cooperation, exceptions exist and these rules change frequently. Outside the city, routine cooperation is more common. Data-sharing, jail record transfers, and notification processes make it possible for ICE to learn about almost any arrest or conviction in the state.
For certain types of crimes, ICE may issue a detainer after learning about a person’s custody status. This means local authorities are asked to hold the individual so immigration enforcement can assume custody after criminal matters finish. These detainers are not always legally mandatory, but some jurisdictions will honor them, and the policy landscape shifts over time depending on political and law enforcement priorities.
People navigating New York’s courts should assume that ICE is aware of their status if any case involves criminal charges, especially for serious or repeat offenses. Our team stays up-to-date on developments in city, county, and federal policies. We plan and act with the assumption that information will travel between courtrooms and immigration agencies, offering more proactive protection for our clients. Our ability to communicate in English, Russian, and Spanish ensures no detail is lost in translation, making the process more manageable and less overwhelming for families under stress.
What Rights Do Immigrants Have in New York Criminal Proceedings?
Immigrants in New York retain crucial rights even while facing criminal charges. Law enforcement must provide Miranda warnings to anyone in custody before interrogation, regardless of their citizenship status. If they fail to do so, confessions or admissions may be challenged and sometimes thrown out of court. Knowledge of these rights empowers people to avoid incriminating themselves or making mistakes that carry extra immigration risks.
Court-appointed interpreters are required for defendants who do not speak English fluently. An interpreter ensures you can follow all proceedings, understand every court order, and communicate your side fully. Without proper interpretation, decisions may be challenged or reversed if unfairness is shown. At Usher Law Group, our multilingual team assures nothing gets misunderstood, and you can advocate with confidence during every hearing or meeting from day one.
Another right involves the duty of defense attorneys to advise all non-citizen clients about the immigration consequences of any plea, conviction, or admission. The U.S. Supreme Court ruling in Padilla v. Kentucky makes this mandatory. When this advice is lacking or incorrect, it may be possible to go back and reopen cases or modify agreements. Our approach at Usher Law Group always includes full discussion of immigration outcomes, giving our clients a comprehensive understanding of every legal option and risk.
How Can Criminal Charges Impact Your Family’s Immigration Status?
Criminal charges faced by one family member can disrupt immigration processes for an entire household. This may affect pending green card petitions, applications for family-based visas, or the renewal of lawful status for dependent children and spouses. For families in New York, where many relatives depend on a primary sponsor’s ability to remain in the U.S., a deportation or bar to adjustment can separate loved ones indefinitely.
Certain convictions, such as aggravated felonies or crimes involving moral turpitude, block family-based petitions and even impact the eligibility of U.S. citizen spouses and children to seek benefits on behalf of relatives. At the same time, ongoing criminal matters can delay or jeopardize green card renewals, DACA status, or citizenship applications for others in the household. This is why thinking about the entire family—not just the person facing charges—is crucial from the very beginning of any legal issue.
We include the family perspective in all planning and case assessments. By communicating with sponsors, relatives, and applicants in English, Russian, or Spanish, our team makes sure everyone understands how criminal defense and immigration choices are interconnected. Our commitment to family protection guides us as we develop a legal and strategy plan for every client in New York and beyond.
What Immigration Relief Is Available After a Conviction in New York?
Even after a criminal conviction, some forms of immigration relief may still be available, depending on the facts of the case. Waivers can be granted under certain circumstances, such as to green card holders who can show extreme hardship to U.S. citizen or lawful permanent resident family members. Humanitarian visas—including U visas for crime victims and VAWA petitions for survivors of domestic violence—offer alternative paths to protection, even with some convictions on record.
Those fleeing persecution, or who would face harm upon return to their home country, may be eligible for asylum or withholding of removal if their convictions do not involve bars under immigration law. The success of these applications depends on a thorough, early strategy that brings together criminal records, documentary evidence, and compelling personal statements. Our role at Usher Law Group includes mapping all possible relief options, identifying roadblocks, and building a plan around the unique challenges of each client.
Post-conviction motions also play a crucial role in immigration defense. If a conviction resulted from incorrect advice or lack of awareness about immigration consequences, a court may grant a motion to vacate or modify the outcome. These remedies are technical and should be pursued with urgency after discovering new information or errors. Early contact with our legal team helps ensure that all relief avenues are fully explored and every opportunity for review is addressed.
Why Work with a Crimmigration-Focused Law Firm in New York?
Choosing a law firm fluent in both criminal and immigration law is critical for navigating crimmigration cases in New York. Too often, attorneys who know only one side miss important ways to protect a client’s rights or limit immigration risks. Our collaborative, multilingual approach means we meet clients where they are—understanding their cultural background, legal history, and language needs—and tailor our guidance to fit each person’s situation.
Our capability to assist clients in English, Russian, and Spanish ensures the legal process is transparent, and no misunderstanding keeps someone from defending their status. Crimmigration requires cooperation, advocacy, and attention to detail. By staying informed of changing city and state enforcement policies and sharing information clearly with our clients, we offer a partnership that puts you in control. Our location in Brooklyn positions us to serve immigrants across all five boroughs and throughout New York and New Jersey.
We provide the personal care and in-depth legal support that larger firms may overlook. Your priorities become our priorities as we explain likely outcomes, set realistic expectations, and walk you step-by-step through every decision. Our goal is to provide reassurance, clarity, and a real plan so you can move forward confidently even in the face of difficult legal problems.
How Usher Law Group Supports You Through Crimmigration Challenges in New York
Handling crimmigration cases in New York demands up-to-date legal knowledge and genuine compassion for clients facing life-altering circumstances. At Usher Law Group, we offer guidance rooted in experience, cultural understanding, and personalized support for every individual and family. Our multilingual team can communicate clearly in English, Russian, or Spanish, making our services accessible to people from all backgrounds and communities across the city and state.
We focus on careful listening, strategic planning, and honest communication about available options in both criminal and immigration proceedings. Whether your situation involves a first-time charge or the aftermath of a conviction, we assess your risk, explain legal consequences, and develop a customized process to help you move forward. We anticipate the real effects on your whole family, not just the person accused, for better, more informed decisions throughout your case.
When you or a loved one needs direction in the face of criminal charges and immigration uncertainty, reach out to Usher Law Group for a confidential, supportive conversation about your rights and possibilities. Our team answers questions in your language and provides detailed advice you can use to protect your future. Take the next step and call (718) 484-7510 to get started.