--- title: "Crimmigration Explained: How an Arrest or Conviction Can Affect Your Immigration Status - First Point Law Group" description: "Understand how a criminal charge affects immigration status: for green card holders, DACA recipients, visa holders, and citizenship applicants." url: "https://firstpointlaw.com/blog/immigration-law/crimmigration-explained-how-an-arrest-or-conviction-can-affect-your-immigration-status" --- [Immigration Law](/categories/immigration-law) # Crimmigration Explained: How an Arrest or Conviction Can Affect Your Immigration Status Understand how a criminal charge affects immigration status: for green card holders, DACA recipients, visa holders, and citizenship applicants. Written by [Attorney Katherine Martell](/attorneys/katherine-martell/) · November 3, 2026 · 6 min read ![A man waits on a bench in a sunlit courthouse hallway, holding his papers.](/_astro/cover.Roj5KIZN_1FJxcs.webp) *A man waits on a bench in a sunlit courthouse hallway, holding his papers. AI-generated illustration by First Point Law Group .* If you are not a U.S. citizen, you need to understand how a criminal charge affects immigration status before any plea is accepted or any deal is made. An arrest or a guilty plea can follow you into a green card application, a visa renewal, a DACA request, or a citizenship interview. The legal overlap between criminal law and immigration law has a name: crimmigration. You may never have typed that word into a search box, but if you have asked yourself Will this arrest affect my green card? or Can a Virginia conviction put my status at risk?, this is the area of law your question belongs to. We at First Point Law Group handle both sides of this picture from our Fairfax office at 10521 Judicial Drive, Suite 300. Our criminal defense attorneys defend the charge itself, and our immigration team reviews what a charge or a plea could mean for your status before you or your family makes a decision. By the time many households call us, the plea has already been entered and the options have narrowed. ## What “Crimmigration” Means Under Federal Law Immigration law uses its own standards to evaluate a criminal record. A result that seems minor in Virginia criminal court, such as a misdemeanor plea or a suspended sentence, can carry significant immigration weight. The Immigration and Nationality Act defines “conviction” more broadly than Virginia does. Under immigration law, a plea of guilty or no contest followed by probation or a suspended term generally counts as a conviction even when the Virginia court sealed the record or deferred adjudication. Expungements often do not change the immigration analysis. Two statutory sections form the framework. Inadmissibility, under INA § 212(a)(2), covers records that can block a person from obtaining a visa, a green card, re-entry to the United States, or adjustment of status. Deportability, under INA § 237(a)(2), covers records that can place a person in removal proceedings even after they have already obtained lawful status, including a green card. The categories that arise most often in Northern Virginia cases include crimes involving moral turpitude, controlled substance offenses, and aggravated felonies. That last term deserves attention: immigration law applies “aggravated felony” to some offenses that are misdemeanors under Virginia criminal law. A domestic violence offense or a firearms charge can each trigger a separate ground of deportability. Whether a specific Virginia statute falls into any of these categories depends on the elements of the offense and the full record of conviction. No general rule covers every case. ## How a Criminal Charge Affects Immigration Status: A Case-by-Case Look Green card holders. Lawful permanent residence is durable. It is not unconditional. Certain convictions can make a permanent resident deportable under INA § 237(a)(2) even after many years of lawful residence. A criminal record can also create problems at the border on a return trip and during the renewal process. If the card was obtained through marriage, our guide to the family-based green card process explains what a consistent record means at each stage of that petition. Visa holders. A criminal record can lead to a visa being revoked or a future application being denied. The State Department and USCIS each review criminal history when evaluating a renewal, an extension, or a change of status. DACA recipients. Under USCIS DACA guidelines, certain criminal convictions end eligibility for DACA or for renewal. A felony conviction ends it outright. A conviction that qualifies as a “significant misdemeanor” (a category that can include some offenses families consider routine) can also end eligibility, as can three or more convictions for other misdemeanors. It is the conviction that matters, not the charge alone. Applicants for citizenship. To naturalize, a person must show good moral character for the required statutory period before filing. USCIS reviews the complete criminal record, including arrests that did not result in a conviction, and Form N-400 requires disclosure of each one. Some offenses are a permanent bar to naturalization. Others create a conditional bar that runs through the statutory period and can delay the clock. ## The Plea Is the Pivot Point The charge is not always the decisive moment. The plea is. In Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court held that criminal defense counsel must advise noncitizen clients of the deportation consequences of a guilty plea. The Court recognized that for many noncitizens, removal from the United States is the most consequential result of a criminal case, more severe than the sentence the court imposes. What this means in practice: sometimes the choice of statute or the wording in the record of conviction can change the immigration outcome without changing the criminal one. Those options are available before the plea is accepted by the court. They close once the plea is entered and are very difficult to reverse. The right moment to involve an immigration lawyer is before any offer is weighed or accepted. Talk to an immigration lawyer before you accept any plea. That is the core message of this article. ## When a Family Matter Is Also in the Picture A criminal charge rarely arrives alone. For many families in Fairfax and Northern Virginia, a charge arrives in the same month as a pending petition and a custody calendar. The return date and the immigration interview can land on the same week. If you are also working through a divorce or family matter, our post on divorce in Virginia explains how Virginia courts handle those proceedings. We can review the immigration side and the family matter together, so a decision in one proceeding does not create a surprise in the other. Your Family. Your Future. Our Focus. ## What to Do After an Arrest Four steps matter from the moment of arrest: - Do not discuss your immigration status with anyone other than your lawyer. - Do not sign paperwork you do not understand, particularly any document from an immigration officer. - Secure a criminal defense lawyer for the criminal case. - Contact an immigration lawyer to review the charge and any plea offer before you decide. Keep every document: the charging papers, the court return dates, and any notices from ICE or the immigration court. Bring them to any consultation. ## Criminal Defense and Immigration Under One Roof First Point Law Group handles both criminal defense and immigration. The attorney defending your charge and the attorney reviewing its immigration consequences work at the same firm, so a plea offer can be weighed against its effect on your status before anyone accepts it. Our criminal defense practice, including DUI and reckless driving, is handled by attorneys Katherine Martell and Jad Sarsour. NOVA Criminal Attorney, the firm’s dedicated criminal defense site, has detailed guides to Virginia charges and the court process. The two cases run side by side. Your criminal defense attorney handles the Virginia court dates, and our immigration team reviews what each step means for your status and your household. That coordination is often where the most consequential decisions get made. ## Talk to Our Team Before You Accept Any Plea Talk to an immigration lawyer before you accept any plea. We at First Point Law Group review the file before we discuss strategy. We do not promise an outcome before we have read the papers. We serve families in English and Spanish from our office at 10521 Judicial Drive, Suite 300, Fairfax, VA 22030. Learn more about our immigration practice, call (703) 385-6868, or email info@firstpointlaw.com. Attorney advertising. Reading this article or contacting First Point Law Group does not create an attorney-client relationship. Do not send confidential information until we have agreed to represent you. This is general information, not legal advice. Every matter depends on its own facts. Tags #crimmigration #immigration-consequences #criminal-charge #green-card #daca Share Written by [Attorney Katherine Martell](/attorneys/katherine-martell/) Managing Partner · Last reviewed November 3, 2026 A litigator who has appeared before the Supreme Court of Virginia and federal court, Katherine guides the firm’s work across immigration, family, criminal and civil matters. [View profile](/attorneys/katherine-martell/) On this page - What “Crimmigration” Means Under Federal Law - How a Criminal Charge Affects Immigration Status: A Case-by-Case Look - The Plea Is the Pivot Point - When a Family Matter Is Also in the Picture - What to Do After an Arrest - Criminal Defense and Immigration Under One Roof - Talk to Our Team Before You Accept Any Plea ## Continue reading [Immigration Law](/categories/immigration-law) · October 10, 2026 [### A Step-by-Step Guide to the U.S. Family-Based Green Card Process](/blog/immigration-law/family-based-green-card-process-guide/) Learn how the family-based immigration process works, who is eligible, how long it can take, and what to expect at each stage. FirstPoint Law Group · 8 min [Family Law](/categories/family-law) · October 5, 2026 [### Divorce in Virginia: What You Need to Know](/blog/family-law/divorce-in-virginia-what-you-need-to-know/) Understand the divorce process in Virginia, including grounds for divorce, child custody, spousal support, and property division. FirstPoint Law Group · 6 min [Civil Litigation](/categories/civil-litigation) · September 18, 2026 [### When to Consider Civil Litigation for Your Case](/blog/civil-litigation/when-to-consider-civil-litigation/) Not every dispute needs a lawsuit, but some do. Here is how to know when civil litigation makes sense, and what to expect if you move forward. FirstPoint Law Group · 6 min ## Stay in the loop. One email when it’s worth it: new posts and updates, no spam. Thanks. Check your inbox to confirm. Free. Unsubscribe in one click.