An arrest, plea or conviction can affect a green card, a visa, DACA or a citizenship application, and the most important time to ask for immigration advice is before you accept any plea. A deal that looks minor in criminal court, such as a reduced charge or probation, can still have lasting immigration consequences, and options narrow sharply after a plea is entered. Vasquez Law Firm practices immigration law only and does not handle criminal defense, but advises on the immigration side and works alongside the client's defense lawyer.
- Get immigration advice before accepting any plea in a criminal case.
- A minor-looking criminal outcome can still carry lasting immigration consequences.
- Immigration categories such as aggravated felonies do not always match state labels.
- The firm does not handle criminal defense but works with defense counsel.
Introduction
A criminal immigration lawyer helps noncitizens understand how an arrest, a plea, or a conviction can affect their immigration status, and what can still be done about it. This guide is written for green card holders, visa holders, DACA recipients, and people without status in Florida, as well as for the family members who are often the ones searching late at night after an arrest. If you need to talk to someone about a specific situation, call 1-844-YO-PELEO or contact us.
The most important time to ask for immigration advice is before you accept any plea. A deal that looks minor in criminal court, such as a reduced charge, a short sentence, or probation, can still have lasting immigration consequences. Once a plea is entered, the options often narrow sharply, so the timing of the call matters as much as the answer.
Vasquez Law Firm practices immigration law only. We do not handle criminal defense. Instead, we advise on the immigration side of a criminal case and work alongside the client's criminal defense lawyer so that both sides of the problem are covered. This article is general information, not legal advice, and every case turns on its own facts.
Why a Criminal Case Is Also an Immigration Case
For a U.S. citizen, a criminal case ends when the sentence is complete. For a green card holder, a visa holder, a DACA recipient, or someone without status, the same case can also affect whether they may stay in the country, travel, renew a status, or become a citizen. Immigration law uses its own categories, and these do not always match how a Florida court labels an offense.
- Aggravated felonies. Despite the name, this immigration category can include some offenses that state law treats as misdemeanors. A conviction in this category carries some of the most severe consequences in immigration law.
- Crimes involving moral turpitude. A broad and often litigated category that can include certain theft, fraud, and assault offenses.
- Controlled substance offenses. Drug convictions, and in some cases drug-related conduct without a conviction, can create serious problems.
- Firearm and domestic violence offenses. These, along with violations of certain protective orders, are separate grounds of deportability.
Whether a particular Florida statute fits one of these categories often depends on the exact subsection, the wording of the charging document, and the record of conviction. That analysis is the core of what an immigration criminal lawyer does, and it is why two people with similar-sounding charges can face very different outcomes.
What a Crimmigration Attorney Does
The term crimmigration describes the place where criminal law and immigration law overlap. A crimmigration attorney concentrates on the immigration effects of a criminal case. The work is analytical and document-heavy, and it usually happens alongside, not instead of, the criminal defense.
- Reviewing the charges and possible pleas to identify which outcomes carry the most immigration risk.
- Explaining those risks in writing to the client and to the criminal defense lawyer so the defense team can factor them into negotiations.
- Analyzing how an old conviction affects a new application, such as a green card, a renewal, or naturalization.
- Representing clients in immigration court when the government starts removal proceedings, including requests for immigration bond where available.
- Evaluating whether relief may be available, such as cancellation of removal, a waiver, asylum-related protection, or other options, depending on the person's history.
Learn more about how we approach removal cases on our deportation defense page, and about release from detention on our immigration bond page.
Important Points Many People Do Not Know
"Conviction" means something broader in immigration law
Immigration law has its own definition of a conviction. In some situations, a plea of guilty or no contest combined with some form of punishment can count as a conviction for immigration purposes even when a Florida court withheld adjudication. Do not assume that a withheld adjudication or a successful probation ends the immigration question.
Sealing or expunging a record may not solve the immigration problem
Clearing a record under state law can help with jobs and housing, but it generally does not erase the conviction for immigration purposes. Immigration agencies can still ask about it, and applicants usually must disclose it. The details depend on the reason the record was cleared and on current law, so ask before relying on it.
Your defense lawyer has a duty to advise you
In Padilla v. Kentucky (2010), the U.S. Supreme Court held that criminal defense lawyers must advise noncitizen clients about the deportation risks of a guilty plea. Many defense lawyers bring in an immigration lawyer to make that advice precise.
An arrest can lead to ICE involvement
After an arrest, ICE may ask the jail to hold a person for transfer. If that happens to a family member, contact an immigration lawyer quickly and gather the person's full name, date of birth, and any identification numbers.
How the Process Works When a Criminal Case Touches Immigration
Every case is different, but the work usually follows a recognizable sequence. The earlier the immigration review starts, the more choices remain.
- Collect the arrest report, the charging document, any plea offer, and your immigration papers.
- Identify your current status and any prior filings, entries, or encounters with immigration officers.
- Compare the charge or the proposed plea with the immigration categories that could apply.
- Give written advice to you and, with your permission, to your criminal defense lawyer before a plea decision.
- If the criminal case ends, review the final disposition and decide whether to file, renew, travel, or wait.
- If the government starts removal proceedings, prepare the defense, any bond request, and any applications for relief.
When to Contact an Immigration Lawyer for Criminal Record Questions
The earlier the better. Contact an immigration lawyer for criminal record questions in any of these situations.
- You or a family member was just arrested and is not a U.S. citizen.
- Your defense lawyer has presented a plea offer.
- You plan to apply for a green card, renew a status, or apply for citizenship and have any arrest in your past, even one that was dismissed.
- You are a permanent resident with an old conviction and plan to travel abroad.
- You received a Notice to Appear or were detained by immigration authorities.
Applying for an immigration benefit with a removable offense on your record can draw attention to that offense. Get an analysis first, then decide whether and when to file.
Document Checklist for Your Immigration and Criminal Record Review
- Arrest reports, charging documents (the information or complaint), and any plea offer.
- Official court dispositions and sentencing documents for every past case, in Florida or elsewhere.
- Your green card, visa, employment authorization card, or other immigration documents.
- Any notices from USCIS, ICE, or the immigration court.
- Your passport and your I-94 record, if you have one.
- A list of every arrest, even if the charge was dropped or the case was dismissed.
- Probation or diversion paperwork, including proof that conditions were completed.
- Contact information for your criminal defense lawyer.
Certified court dispositions are usually more useful than a defendant's memory of what happened, so request them early from the clerk of the court that handled each case.
Timeline and Processing Expectations
Criminal cases and immigration cases run on separate clocks. A criminal case may resolve in weeks or drag on for many months, while an immigration consequence may not appear until years later, when you renew a card, apply for citizenship, or return from a trip abroad. For that reason we try to complete the immigration review before a plea, not after.
USCIS and the immigration courts publish their own current processing information, and those times change often, so we do not predict them here. The table below shows the general stages and who acts at each one.
| Stage | What happens | Who acts |
|---|
| Arrest and charging | Charges are filed; ICE may contact the jail | Prosecutor, jail, ICE |
| Plea decision | Immigration risks of each outcome are reviewed in writing | Immigration lawyer, defense lawyer, you |
| Final disposition | Court records are obtained and analyzed | Court clerk, immigration lawyer |
| Immigration filing or renewal | The record is disclosed as required | You, USCIS |
| Removal proceedings, if any | Notice to Appear, hearings, bond and relief requests | DHS, immigration judge, your lawyer |
Should You Look for One Lawyer for Both Cases?
Many people search for a criminal and immigration lawyer, a criminal and immigration attorney, or an immigration and criminal defense attorney, hoping one person can handle everything. Some lawyers practice both areas. Our firm does not: we are an immigration-only practice. Clients who come to us with a pending criminal case keep their criminal defense lawyer for the criminal court, and we provide the immigration analysis and handle any immigration proceedings. Two lawyers, each focused on one system and communicating with each other, is a common and workable arrangement.
When you compare criminal immigration lawyers, ask how they analyze Florida statutes for immigration purposes, whether they will put their advice in writing for your defense lawyer, and whether they handle immigration court. Be cautious about any lawyer who guarantees an outcome, and be wary of anyone who promises that a case will "go away." Florida Bar rules do not allow lawyers to claim they are better than others, so judge a lawyer by the clarity of the advice you receive.
Detention, Bond, and Immigration Court
If the government starts removal proceedings, the case moves to immigration court. It begins with a Notice to Appear that lists allegations and charges. The person appears at a master calendar hearing, where the judge asks whether the allegations are admitted or denied and which relief will be requested. Later hearings address the evidence.
A person held in ICE custody may be able to ask an immigration judge for a bond hearing, depending on the criminal history, the manner of entry, and the rules in force at the time. Some people are subject to mandatory detention, and the rules in this area have changed in recent years, so the current law must be checked case by case. Evidence of family ties, work history, and a stable address helps show that a person is not a flight risk. More detail is on our bond page.
Missing a hearing can lead to an order of removal issued in the person's absence, so every date on every notice should be tracked. If a person received an unfavorable decision from an immigration judge, an appeal to the Board of Immigration Appeals has a short deadline, so ask about it right away.
Cost Factors and Fee Breakdown
The total cost of immigration help in a criminal-record case depends on how many stages are involved and whether a court case follows. The table lists the usual items.
| Item | Amount | Notes |
|---|
| Review of criminal record and written immigration advice | Varies by case | Depends on the number of past cases and how many records must be obtained |
| Court records and dispositions | Check the court or agency for current fees | Charged by the clerk of the court that holds the file |
| USCIS application or renewal | Check USCIS for the current fee | Depends on the form; fee rules change |
| Immigration court representation | Varies by case | Depends on the number of hearings and the relief sought |
| Immigration bond | Check the court or agency for current fees | Set by ICE or the immigration judge |
Ask any lawyer to explain in writing what is included in the fee and what is not, including filing fees paid to government agencies. Government fees are set by the agencies and can change, so check the agency's current fee schedule before you file.
A written fee agreement protects both sides. It should describe the scope of the work, the stages covered, and what happens if the case takes a different direction than expected.
Common Mistakes to Avoid
- Accepting a plea without asking an immigration lawyer how it will be treated under immigration law.
- Assuming that a withheld adjudication, probation, or a sealed record means there is no conviction for immigration purposes.
- Filing for a green card, renewal, or citizenship before an analysis of old arrests, including dismissed ones.
- Traveling abroad with an old conviction without first checking whether it could be treated as a ground of inadmissibility.
- Failing to disclose an arrest on an application because the case was dismissed.
- Talking to immigration officers about your record without a lawyer.
- Missing a hearing date or failing to update your address with the court.
When to Call a Lawyer
Call as soon as a noncitizen is arrested, when a plea offer arrives, before filing any immigration application with an arrest in the background, and immediately if ICE detains someone or a Notice to Appear arrives. If a plea hearing or court date is coming up, tell us the date when you contact us so we can plan the review around it. Early advice is usually less costly in every sense than trying to repair a problem afterward.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando. We serve clients across Florida by phone and secure video, and we meet in person at the Orlando office. William J. Vásquez is the founding attorney, and consultations are available in English and Spanish. To talk about your situation, call 1-844-YO-PELEO or contact us.
Our consultations help clients across Florida, including Miami, Tampa, Jacksonville, and West Palm Beach, and we can coordinate directly with your criminal defense lawyer wherever the criminal case is pending.
Sources and References
Related services: immigration bond, immigration lawyers in Florida
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This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
