Skip to content
Crimes » Immigration Consequences of Criminal Charge

Immigration Consequences of Criminal Charge

Avoid immigration consequences of a Minnesota criminal case
Immigration consequences: collateral?

Criminal Defense for Non-Citizens

Criminal prosecution can have serious immigration consequences for people who are not U.S. citizens. So you could face:

  • Deportation (Removal),
  • Denial of Naturalization, and-or suffer a
  • Bar to Re-Entry,
  • Other, such as renewal and upgrade problems

And therefore your criminal defense lawyer should have experience preventing immigration problems by managing the criminal case.

Thomas Gallagher, Minnesota Criminal Lawyer
Thomas Gallagher, Minnesota Criminal Lawyer

Can they deport a Permanent Resident for a criminal conviction?

Yes! So even if you are a Permanent Resident, a criminal charge can result in Removal or Deportation .

Do not let this happen to you. The best way to prevent criminal-law related immigration consequences is to avoid the triggering criminal conviction, first.

Attorney Thomas Gallagher has helped his clients avoid deportation for years.  Moreover, he has represented many non-citizens facing Minnesota criminal charges, over his 30 years in criminal defense.

And Attorney Thomas Gallagher teaches other lawyers how to avoid immigration law problems by defending the criminal case. For example, he recommends that clients also consult an immigration lawyer. And the immigration lawyer helps Attorney Thomas Gallagher prevent immigration problems.

So the criminal lawyer must have a working knowledge of immigration law and consequences.  And he should be able to work with a client’s immigration lawyer as well. 

This double approach helps us achieve the best possible outcome.

You can call Gallagher Criminal Defense to learn about how to avoid immigration consequences, with criminal defense: 612 333-1500

Avoid immigration consequences of a criminal conviction

Two most common grounds for Removal due to a criminal conviction

When a criminal case triggers an immigration law problem, the worst is Removal.  Also called Deportation, Removal from the United States is a severe penalty.

The two most common federal grounds for Removal due to criminal conviction are:

  1. Aggravated Felony
  2. Crimes of Moral Turpitude

So, preventing the conviction can prevent the immigration consequences. 

But why the quotation marks around “conviction?”  Because some criminal law outcomes that are not “convictions” under Minnesota law; are “convictions” under federal immigration law.  And that is only one of many traps for the unwary.

Beware! Some criminal lawyers know little of immigration law.  But that’s why you need a criminal lawyer who knows immigration law, like Attorney Thomas Gallagher.

Aggravated Felony Conviction

You need to know if a criminal charge is an “aggravated felony.”  And this is not intuitive.  So some federal “aggravated felonies” are:

And if a charge fits the “aggravated felony” definition, then we work to avoid a “conviction” for an “aggravated felony.”

Crimes of Moral Turpitude

Next, if a charge does not fit the federal “aggravated felony” definition; is it a “crime of moral turpitude?

The federal immigration law defines crimes of moral turpitude.  

But the federal statutes and rules are not always clear. 

So we look to the courts for guidance about which crimes fit the federal “crime of moral turpitude” definition.

Shoplifting is a "crime of moral turpitude"
Shoplifting: “crime of moral turpitude”

And generally, one conviction for a “crime of moral turpitude” does not trigger Removal or Deportation.

But just one “conviction” can cause other negative immigration consequences.

And even one “crime of moral turpitude” conviction can trigger immigration law problems, including denial of a Naturalization (citizenship) application.

But two convictions for a “crime of moral turpitude” will trigger Removal or Deportation.

So, you should avoid the first one. 

After all, you can’t end up with two, if you avoid the first.

Minnesota criminal charges that can cause immigration consequences:

Federal court criminal charges trigger immigration consequences too

Not only Minnesota criminal charges can create immigration law problems. So can federal court criminal charges. So if you’re facing federal charges, learn all you can about the federal court process.

And begin your defense with a Minnesota Federal Criminal Defense Attorney, right away.

Avoid ICE Arrest. Avoid immigration consequences.
Avoid ICE Arrest. Avoid immigration consequences

Attorney Thomas Gallagher can help you

Minnesota Defense Attorney Thomas Gallagher has represented non-citizen clients from these groups, so far:

  • Hmong
  • Vietnamese
  • Chinese
  • Asia
  • Mexican
  • South America
  • Philippine
  • Somali
  • African
  • European
  • Russia
  • India
  • Arabia
Gallagher Criminal Defense logo sm

Question about defending a criminal charge to avoid immigration consequences? Call Minneapolis Criminal Lawyer Thomas Gallagher at 612 333-1500

Call Now Button
Exit mobile version