An arrest or a conviction can affect your immigration status, and the effect depends on the exact text of the law, the documents in the case, and your immigration situation. Vasquez Law Firm practices only immigration law: it does not handle criminal defense, analyzes the immigration consequences, and coordinates with the client's criminal defense attorney. The guide also explains immigration appeals and what happens with detention and bond.
- The criminal process and the immigration process are two different legal systems.
- The firm does not handle criminal defense; it coordinates with the client's criminal defense attorney.
- The consequences of a record are analyzed according to the law and the documents in the case.
- It covers immigration appeals and explains what happens with detention and bond.
Introduction
Anyone looking for an immigration and criminal attorney in Florida almost always faces the same question: what effect an arrest or a conviction will have on their immigration status. Vasquez Law Firm practices immigration law only. We do not handle criminal defense; we analyze the immigration consequences of a record and work in coordination with the client's criminal defense attorney. We also handle appeals before the immigration tribunals. To consult, call 1-844-YO-PELEO or contact us.
This guide explains how the criminal and immigration processes relate, which categories of crimes tend to be most relevant, when it is wise to speak with an immigration attorney, how appeals work, and what happens with detention and bond. It is aimed at non-citizens and their families throughout Florida, both those who already have a conviction and those who still face an open case.
The content is general information and does not constitute legal advice. The consequences of a record depend on the exact text of the law, the documents in the case, and your immigration situation, and must be analyzed with an attorney before making decisions.
What "immigration and criminal" means in practice
There are two distinct legal worlds. One is the criminal process, where a state or federal judge decides guilt and sentence. The other is the immigration process, where the federal government decides whether a person who is not a citizen can enter, stay, renew a permit, or become a resident. The two areas touch in a way that surprises many families: a plea agreement that looks favorable in criminal court can have serious immigration consequences, even for a permanent resident of many years.
That is why the expression "immigration and criminal attorneys" can be confusing. Criminal defense attorneys and immigration attorneys practice professions with different practices. Ideally, each does their own job and they talk to each other before the client makes a decision in the criminal case.
The U.S. Supreme Court, in Padilla v. Kentucky, recognized that criminal defense counsel must advise a non-citizen defendant about the risk of deportation. Even so, the detailed analysis usually requires someone who works with immigration law every day.
Categories of crimes that matter most in immigration
Immigration law does not classify crimes the way Florida criminal law does. Some of the categories reviewed most often are:
- Crimes involving moral turpitude: a broad category that can affect admission and adjustment of status.
- Aggravated felonies: an immigration term that includes offenses that are not always "serious" under criminal law, and that can close almost all avenues of relief.
- Controlled substance offenses: with very few exceptions, they have significant immigration consequences.
- Domestic violence, protective orders, and firearms: these have their own grounds of deportation.
The name of the charge is not enough. The exact text of the statute, the sentence, the conviction documents, and, in some cases, the type of disposition are examined. A person with an old case, a dismissal, or a suspended sentence may have immigration consequences that do not disappear with time. Each case must be reviewed with the official documents in hand.
When to consult before deciding in the criminal case
The best time to talk with an immigration attorney is before accepting a plea agreement or pleading guilty. After the conviction, immigration options are more limited. If you already have a conviction, it is still wise to review your situation before requesting renewal of your residence card, applying for citizenship, or traveling, because any of those filings can put your record in front of an officer.
To understand how a removal proceeding is handled, see our page on deportation defense. And if you are a relative of a person facing a criminal case, you can help by gathering the documents of their immigration status and the criminal defense attorney's information, so that both professionals can coordinate.
- Gather the status documents: residence card, I-94, passport, or work permit.
- Obtain a copy of the charging document and of any plea offer.
- Share the information with your criminal defense attorney and your immigration attorney.
- Ask for an immigration analysis before accepting an agreement.
- Keep all final documents of the case, including judgments.
Appeals in immigration cases
If an immigration judge denies your case and orders deportation, the decision is not always final. People looking for immigration appeals attorneys usually have a very short deadline, so the first step is to identify the exact deadline in the order. In general terms, an appeal to the Board of Immigration Appeals (BIA) is filed with Form EOIR-26, and the deadline is counted in days, not months.
The appeal process focuses on errors of law or procedure in the decision, not on retelling the whole story. The attorney reviews the hearing transcript, the written decision, and the evidence presented. If the BIA rejects the appeal, in some cases a petition for review can be filed with the federal court of appeals; for Florida, that court is the Eleventh Circuit Court of Appeals.
There are also motions to reopen or reconsider a case when there are new facts or an error in the decision. Each has its own requirements and deadlines. When someone looks for an attorney to appeal an immigration case, it is wise to ask three things: who prepares the brief, what type of error will be raised, and what risk exists while the appeal is pending. No firm can promise that an appeal will succeed.
What happens with detention and bond
Some people with criminal records are detained by immigration. Whether a person can request a bond before a judge depends on the ground for detention and on their history. If a relative is detained, we need their alien number (A-number), date of birth, and the name of the facility where they are held.
More information on our page about immigration bonds. In the meantime, the family can help by gathering evidence of community ties, such as proof of address, employment, family ties, and length of residence, which a judge may consider when evaluating a bond request, when the law allows one to be requested.
Forms of relief that may exist
Having a record does not always mean there are no options. Depending on the case, defenses or forms of relief may exist before the immigration judge, such as cancellation of removal for certain residents, asylum or protection under the Convention Against Torture, adjustment of status with a waiver, or voluntary departure. Each requires specific requirements, and some are closed if the conviction falls into certain categories, such as aggravated felonies.
That is why it is so important to know precisely what the conviction says. The same act can have very different consequences depending on the statute applied, the sentence imposed, and the way the case ended. Attorneys also review whether there were procedural errors, whether the conviction can be modified in criminal court with the help of the criminal defense attorney, or whether there is a remedy to challenge the decision.
The options also change if you are a permanent resident, if you have a visa, if you entered without inspection, or if you are applying for a benefit for the first time. There is no single answer, which is why each case is evaluated individually, without offering promises.
How families help in a case with a record
Families can contribute a lot. Gathering evidence of the person's ties to the community, such as letters from employers, religious leaders, neighbors, and relatives, can be useful when the judge or the agency has discretion to decide. It also helps to keep proof of tax payments, address, attendance at programs, and compliance with the conditions imposed by the criminal court.
Avoid, however, talking about the case with people who are not attorneys or giving statements to the authorities without advice. Anything that is said can be used later, and an innocent comment can contradict what is presented afterward. Stay calm, write down the dates, and contact an attorney. If the relative is detained, ask the detention facility how to receive calls and how to send documents, and keep the contact numbers they give you so as not to lose time in the critical days.
Document checklist for your consultation on immigration and criminal records
- A copy of the charging document, the judgment, and the probation order, if any.
- The criminal defense attorney's details, if there is an open case.
- Your residence card, passport, I-94, and any immigration document.
- The immigration judge's order and the notice of appeal, if a hearing has already taken place.
- Letters from USCIS, ICE, or the court.
- The alien number (A-number), if you have it.
- Documents that show your ties in the United States: address, employment, and family.
If you do not have copies of the criminal documents, request them from the court that handled the case. Official records are essential because the immigration analysis depends on the exact text of the conviction and not on what you remember or what you were told.
Timelines and expectations for the process
The timelines of a case with a record depend on whether there is an open criminal case, whether there is an immigration proceeding, and the court handling it. The immigration courts publish their calendars and USCIS publishes its processing times, and those figures change, so we do not offer dates.
There are strict deadlines that are worth knowing from day one, such as the time limit to appeal a judge's decision or to respond to a notice. Write them down with the exact date that appears on the document.
| Stage | What happens | Who acts |
|---|
| Review | Analysis of the conviction and immigration status | Immigration attorney |
| Coordination | Communication with the criminal defense attorney | Both attorneys |
| Strategy | Defense, benefit application, or appeal | Attorney and client |
| Hearing or filing | Before the immigration judge, USCIS, or the BIA | Judge or agency |
| Decision | Approval, denial, or additional remedy | Judge, BIA, or agency |
Records and USCIS filings: renewal, citizenship, and travel
A criminal record can also affect filings that seem routine. When renewing the permanent resident card, applying for citizenship, or returning from a trip, an officer can review records and ask questions. Answering accurately is essential: omitting an arrest or a conviction on a form can create an additional problem, separate from the record itself.
For that reason, before filing any application it is wise for an attorney to analyze the complete history, including old cases, dismissals, and minor penalties. There are times when the prudent thing is to wait, others when the criminal record should first be corrected with the help of the criminal defense attorney, and others when there is a form of waiver or relief that must be prepared in advance.
Cost factors and fee breakdown
The cost of a case with a record combines agency and court fees with legal fees, and varies greatly depending on complexity.
| Item | Amount | Notes |
|---|
| USCIS fees | Check USCIS for the current fee | Depends on the form |
| BIA appeal and other filings | Check with the court or agency for current fees | Review the current instructions |
| Copies of criminal records | Varies by case | Set by each court |
| Immigration bond | Varies by case | Set by the authority depending on the case |
| Legal fees | Varies by case | Explained in writing before hiring |
Official fees change, so always confirm the amount on the agency's or the court's website. In appeal cases, meeting the payment and the deadline is as important as the content of the brief.
Ask for a written agreement that explains what work it includes, for example whether it covers an appeal or only the first filing. Be wary of any attorney who guarantees a result, especially in cases with a record.
Common mistakes to avoid
- Accepting a criminal plea agreement without consulting its immigration consequences.
- Assuming an old or dismissed case no longer matters.
- Filing a USCIS application without reviewing the record.
- Omitting arrests or convictions on the forms.
- Letting the deadline to appeal a judge's decision pass.
- Ignoring an immigration court summons.
- Relying on someone who is not an attorney to decide what to do.
When to call an attorney
Consult an immigration attorney before accepting any agreement in a criminal case, before renewing your card, applying for citizenship, or traveling if you have a record, and immediately if you received a court summons, a removal order, or if a relative was detained. Verify the license with The Florida Bar and ask for the terms in writing. If you or a relative has an arrest and an uncertain immigration situation, write to us from our contact page.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando, Florida. We serve clients statewide by phone and secure video call, and in-person meetings take place in Orlando. The firm's founder is attorney William J. Vásquez, and consultations are offered in Spanish and English. We do not have offices in Miami, Tampa, or Jacksonville; we serve the entire state remotely. To speak with our team, call 1-844-YO-PELEO or write to us from our contact page.
Sources and references
Related services: deportation defense, immigration attorneys in Florida
Other ways to search for this help
People search for this help using different words. Related searches: attorney for immigration case; attorney to appeal an immigration case.
This article is general information, not legal advice. Every case is different; speak with an immigration attorney about your situation.
