A client is offered a plea that keeps him out of jail. In criminal court it looks like a win. Months later the same plea is the reason a green card is denied or removal proceedings begin. This is the most common and most avoidable disaster we see.
Immigration law reads the plea, not the sentence
Immigration consequences do not track how serious the case felt. They turn on how the offense is classified under federal immigration law, what the record of conviction says, and sometimes on the exact sentence imposed. An offense that carries no jail time can still be treated as a deportable offense, while a more serious-sounding charge may not be. The statute of conviction and its wording do the work.
What the record of conviction means
Immigration authorities generally look at a limited set of documents: the charging instrument, the plea colloquy, the judgment, and the sentence. What the plea agreement says — and what it leaves out — can decide a later case. Details that feel like formalities, such as which subsection you plead to or whether a specific amount or substance is named, can change the immigration result entirely.
Why defense counsel must know the status question
Under the Supreme Court's decision in Padilla v. Kentucky, defense counsel must advise a noncitizen client about the immigration consequences of a plea. In practice, that advice is only as good as the information counsel has: whether the client is a lawful permanent resident, has a pending application, has prior contacts with immigration authorities, or has a protection claim. We handle both sides of this, which is the point of our crimmigration work.
If the plea already happened
There may still be room. A motion to vacate under CPL 440.10 can challenge a conviction where, for example, the defendant was not properly advised. These motions are fact-intensive and time matters, but they are the reason old files are worth reopening before an immigration filing goes out.
What to do at the first appearance
Tell your criminal lawyer your immigration status before any plea is discussed, not after. Ask directly whether the proposed plea is safe for your status, and get that answer from someone who practices in both areas. If the answer is uncertain, that uncertainty is itself a reason to slow the case down.
Speak with an attorney before accepting any plea if you are not a United States citizen.
