Self-check
Could a conviction affect my immigration status? A self-check
If you are not a U.S. citizen, an arrest, a plea or a conviction can affect a green card, a visa or a future citizenship application. Answer five short questions to see which parts of the law may matter to you, with links to the official text.
General information, not legal advice. This self-check explains the law in general terms. It is not a substitute for a consultation with a lawyer, and it gives no result about your case. It has no form: nothing you click is saved or sent anywhere.
Self-check: five questions
Open each question, read the short explanation, and follow the link that fits your answer. You can stop at any result.
Question 1: Are you a U.S. citizen?
U.S. citizens, by birth or by naturalization, cannot be deported. The rules on this page are for noncitizens: green card holders (lawful permanent residents), visa holders and people with no status or a pending case.
Question 2: Is your criminal case still open, or have you been offered a plea deal?
The time before a plea is the most important moment. What you plead to, and the exact words in the court record, can decide the immigration effect.
Question 3: Did the case end in a "conviction" as immigration law defines it?
Immigration law has its own definition. Under 8 U.S.C. § 1101(a)(48)(A), a conviction is a formal judgment of guilt. It is also a conviction when the court withheld a finding of guilt, if (1) you pleaded guilty or no contest, admitted enough facts, or were found guilty, and (2) the judge ordered some punishment, penalty or restraint, such as probation, a fine or classes. So some "deferred adjudication" outcomes can still count. A pretrial diversion with no plea and no finding of guilt may not count, USCIS says. If the charges were dropped or you were found not guilty, there is no conviction.
Question 4: Did the offense involve drugs, violence or domestic violence, a firearm, theft or fraud, or a sentence of a year or more?
These are the kinds of offenses federal immigration law lists most often. Count the sentence the judge ordered, even if all or part of it was suspended (8 U.S.C. § 1101(a)(48)(B)).
Question 5: Are you planning to travel abroad, renew or apply for a green card, or apply for citizenship?
A record that has caused no problem for years can come up when you travel, file an application or go to an interview. Check before you act, not after.
What your answers may mean
You are a U.S. citizen, or you are not sure
A U.S. citizen cannot be deported, so a conviction does not put a citizen's status at risk the way it can for a noncitizen. One rare exception: a federal court can cancel a naturalization that was obtained illegally or by hiding a material fact or lying (8 U.S.C. § 1451(a)).
If you are not sure whether you are a citizen, for example because a parent became a citizen while you were a child, ask a lawyer before you assume either way. Our citizenship lawyer page explains how we help. If you are not a citizen, go on to Question 2.
This is general information. A lawyer should review your own situation.
Your case is still open: talk to an immigration lawyer before you plead
In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that a criminal defense lawyer "must inform her client whether his plea carries a risk of deportation." Tell your defense lawyer that you are not a U.S. citizen, and ask an immigration lawyer to review the plea offer before you accept it.
- The offense you plead to, the facts you admit and the sentence ordered can change the immigration effect.
- Some charges can lead to immigration detention without bond after release from jail (8 U.S.C. § 1226(c)).
- Do not talk about the facts of your case with immigration officers without a lawyer. Admissions can matter even without a conviction.
Our criminal immigration lawyer page explains how we work with defense lawyers. Then see Question 5.
This is general information. A lawyer should review your own situation.
Arrests and charges without a conviction
Most deportation grounds require a conviction, so an arrest alone usually does not make a person deportable. But it can still matter:
- Admissions. A person who "admits having committed" a crime involving moral turpitude or a drug offense can be inadmissible even without a conviction (8 U.S.C. § 1182(a)(2)(A)(i)). That matters for a green card application or for returning from a trip.
- Detention. Since the Laken Riley Act of January 2025 (Pub. L. 119-1), ICE must detain some people who were never admitted or paroled, or who lack valid entry documents or used fraud, if they are even charged with or arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or a crime that causes death or serious bodily injury.
- Citizenship. USCIS looks at conduct, not only convictions, when it decides good moral character.
Keep the final court papers that show the case was dismissed. Our criminal immigration lawyer page explains how we review records. Then see Question 5.
This is general information. A lawyer should review your own situation.
A conviction in one of the listed categories
Under 8 U.S.C. § 1227(a)(2), a noncitizen who was admitted, including a green card holder, can be deportable for:
- A crime involving moral turpitude committed within five years after admission (ten in some cases), if the crime can be punished by a year or more; or two or more such crimes at any time after admission that did not arise from a single scheme.
- An aggravated felony, a federal list in 8 U.S.C. § 1101(a)(43). Despite the name, it includes, for example, a theft, burglary or violent crime with a term of imprisonment of at least one year, and fraud with a loss of more than $10,000, as well as drug trafficking, murder, rape and sexual abuse of a minor. A green card holder with an aggravated felony cannot get cancellation of removal (8 U.S.C. § 1229b(a)(3)).
- A controlled-substance (drug) offense, except a single offense of possession for your own use of 30 grams or less of marijuana.
- A firearm offense, such as illegally buying, selling, owning, possessing or carrying a firearm.
- Domestic violence, stalking, or child abuse, neglect or abandonment, and a court finding that you violated the part of a protection order that protects against threats of violence, repeated harassment or bodily injury.
Separate lists in 8 U.S.C. § 1182(a)(2) decide who is inadmissible, which matters for green card applications and for travel. For example, any drug conviction can make a person inadmissible. Many of these offenses also trigger detention without bond (8 U.S.C. § 1226(c)).
Whether a specific state offense fits a category is a legal question that depends on the exact law and the court record. Some people may qualify for a waiver, such as the one in 8 U.S.C. § 1182(h), which is discretionary and has limits. See our criminal immigration lawyer and immigration waiver lawyer pages. Then see Question 5.
This is general information. A lawyer should review your own situation.
A minor offense, or you are not sure
Not every offense affects immigration status, but the label your state uses (misdemeanor, violation, infraction) does not decide the question. What matters is the federal definition of a conviction, the elements of the offense and the sentence ordered.
- Expunged or dismissed records. USCIS says an expunged record "does not remove the underlying conviction" for immigration purposes, and a state order that erases a conviction under a rehabilitation law has no effect on it. A conviction vacated because of a legal defect in the criminal case, by contrast, is not a conviction for immigration purposes (USCIS Policy Manual, Vol. 12, Part F, Ch. 2).
- A single small offense. There is a narrow exception for one crime involving moral turpitude whose maximum penalty is one year or less, if the sentence was not more than six months (8 U.S.C. § 1182(a)(2)(A)(ii)).
- Traffic offenses. A traffic ticket is not one of the categories in the deportation law. But some driving offenses are crimes, and USCIS treats two or more convictions for driving under the influence during the required period as a presumption against good moral character (USCIS Policy Manual, Vol. 12, Part F, Ch. 5).
Get the certified court disposition and have a lawyer read it. Our criminal immigration lawyer page explains how we review records. Then see Question 5.
This is general information. A lawyer should review your own situation.
Travel, green card or citizenship applications with a record
- Travel. A green card holder who has committed an offense listed in 8 U.S.C. § 1182(a)(2) is treated as seeking admission when returning from a trip, unless a waiver or cancellation was granted (8 U.S.C. § 1101(a)(13)(C)(v)). That means the person can be found inadmissible at the border.
- Green card applications. The inadmissibility grounds in 8 U.S.C. § 1182(a)(2) apply, including the rule on admissions without a conviction. Some can be waived under § 1182(h).
- Citizenship. Under 8 C.F.R. § 316.10, a conviction for murder at any time, or for an aggravated felony on or after November 29, 1990, bars good moral character. Other offenses during the required period, such as a crime involving moral turpitude or most drug offenses, can also bar it. USCIS will not approve the application while you are on probation, parole or a suspended sentence. An expunged drug record still counts as a conviction under the rule.
- Applying can start a removal case. USCIS says certain criminal conduct that bars good moral character "may make the alien subject to removal proceedings" (USCIS Policy Manual, Vol. 12, Part F, Ch. 1). You must also get your court records yourself, even if they were sealed or expunged.
Have a lawyer review your record before you travel or file. See our citizenship lawyer, green card lawyer and immigration waiver lawyer pages.
This is general information. A lawyer should review your own situation.
What to do next
- Get your records. Ask the criminal court for a certified copy of the final disposition of every arrest or charge, even old or minor ones and even if they were dismissed or sealed.
- Do not plead, travel or file until a lawyer has looked. It is easier to plan before a plea, a trip or an application than to fix a problem afterward.
- Tell the truth on every form. Do not leave out an arrest because it was dismissed or expunged. False statements can create a separate problem.
- If you already have a court date, you can check your immigration court date by A-number, and read our deportation defense lawyer page.
To talk with us about your record, use our contact page.
Frequently asked questions
What counts as a conviction for immigration purposes?
Under 8 U.S.C. 1101(a)(48)(A), a conviction is a formal judgment of guilt. It also counts when the court withheld a finding of guilt, if you pleaded guilty or no contest, admitted enough facts or were found guilty, and the judge ordered some punishment, penalty or restraint, such as probation or a fine. So some deferred adjudications can count as convictions.
Does an expungement remove the immigration effect of a conviction?
It may not. USCIS says an expunged record does not remove the underlying conviction for immigration purposes, and an order that erases a conviction under a state rehabilitation law has no effect on it. A conviction vacated because of a legal defect in the criminal case is treated differently. A lawyer should read your court record.
Can I be deported for an arrest without a conviction?
Most deportation grounds require a conviction. But admitting certain crimes can make a person inadmissible without a conviction, and since January 2025 the Laken Riley Act requires ICE to detain some people who were never admitted or lack valid documents if they are charged with or arrested for certain theft-type or violent offenses.
Should I talk to an immigration lawyer before I accept a plea deal?
Yes. In Padilla v. Kentucky (2010), the Supreme Court held that a criminal defense lawyer must tell a client whether a plea carries a risk of deportation. Tell your defense lawyer you are not a citizen and have an immigration lawyer review the offer before you plead.
Can a green card holder lose status because of a conviction?
Yes, in some cases. Under 8 U.S.C. 1227(a)(2), an admitted noncitizen, including a green card holder, can be deportable for certain crimes involving moral turpitude, aggravated felonies, most drug offenses, firearm offenses, and domestic violence, stalking or child abuse offenses.
Can I apply for citizenship if I have a criminal record?
It depends on the record. Some convictions bar good moral character permanently or during the required period, and USCIS will not approve an application while you are on probation. USCIS says certain criminal conduct may also lead to removal proceedings, so have a lawyer review your record before you apply.
Is there a waiver for a criminal record?
Some people may qualify for a waiver, such as the one in 8 U.S.C. 1182(h) for certain inadmissibility grounds. It is discretionary, has strict requirements and does not cover every offense. A lawyer can tell you whether any waiver may apply to you.
Official sources
- 8 U.S.C. § 1101, Definitions, incl. (a)(43) and (a)(48) (govinfo.gov)
- 8 U.S.C. § 1227, Deportable aliens (govinfo.gov)
- 8 U.S.C. § 1182, Inadmissible aliens and waivers (govinfo.gov)
- 8 U.S.C. § 1226, Apprehension and detention (govinfo.gov)
- Laken Riley Act, Pub. L. 119-1 (govinfo.gov)
- 8 C.F.R. § 316.10, Good moral character (eCFR)
- USCIS Policy Manual, Vol. 12, Part F, Ch. 2, Adjudicative factors
- Padilla v. Kentucky, 559 U.S. 356 (2010), U.S. Reports (govinfo.gov)