Criminal defense & immigration
Immigration consequences of a criminal plea
Information for noncitizen clients facing criminal charges in Rockland, Orange, and Westchester Counties.
Before accepting a plea
If you are not a U.S. citizen, tell your defense lawyer about your immigration circumstances before negotiating or accepting a guilty plea. A resolution that seems favorable in criminal court can have different immigration consequences. Do not put sensitive immigration documents into a public inquiry form; request a private conversation.
What Padilla requires
In Padilla v. Kentucky (2010), the Supreme Court held that defense counsel must advise a noncitizen client about the immigration consequences of a guilty plea. When the deportation consequence is clear, advice must be correct and specific; when the law is unclear, counsel must warn of the risk of adverse immigration consequences. A general warning from the judge does not replace individualized advice from defense counsel.
The charge, plea, and sentence matter
Assessment depends on the particular offense, its legal elements, the plea, sentence, history, and individual immigration circumstances. Consequences can include risks to residence, admission to the United States, naturalization, or remaining in the country. Not every conviction has the same effect.
DWI and DWAI: a reduction is not a guarantee
Do not assume that reducing DWI to DWAI, receiving a noncustodial sentence, or resolving a lesser charge removes every immigration risk. The exact charge, record, and individual circumstances need evaluation before a resolution is accepted. This article does not classify any plea as universally safe.
Coordinate criminal defense and immigration advice
Ask your criminal-defense lawyer to coordinate with a qualified immigration lawyer before accepting a plea. Ask which consequences are known, what uncertainties remain, and what alternatives can be considered. The office offers interpreter-assisted Spanish support to facilitate communication with Yvonne; this is not a claim that she personally speaks Spanish.
If you already pleaded guilty
Seek criminal-defense and immigration advice promptly. Whether a plea can be challenged depends on the facts and applicable rules; Padilla does not automatically undo a conviction or guarantee that immigration proceedings will stop.
Sources & resources
General information, not legal advice or a promise of a criminal or immigration outcome. Prior results do not guarantee a similar outcome.