I Got Arrested: Does a Minor Crime or Ticket Ruin My Immigration Case?

If you are a non-citizen, whether you are a Green Card holder, on a work visa, or undocumented, any interaction with law enforcement can feel terrifying. You might assume a simple misdemeanor or even a traffic arrest is no big deal, but in immigration law, there are no “minor” crimes.

The truth is, even a charge that a criminal lawyer considers easily dismissed can become a major deportation trigger. The single most important rule to remember is this:

NEVER plead guilty to a crime without consulting an immigration attorney first.

1. The Critical Difference: Criminal Law vs. Immigration Law

In the United States, criminal courts and immigration courts are completely separate systems with different rules and penalties.

Feature	Criminal Court’s View	Immigration Court’s View
The Penalty	Jail time, probation, fines.	Deportation (Removal from the U.S.).
“Conviction”	Requires a formal finding of guilt (trial verdict or formal guilty plea).	Can be much broader. Often includes deferred pleas and programs that involve an admission of guilt or a penalty.
“Misdemeanor”	A minor crime (punishable by less than a year in jail).	Can be classified as an Aggravated Felony or a Crime Involving Moral Turpitude (CIMT), which are grounds for immediate deportation.

The Danger: A plea deal that looks great to a criminal lawyer (like probation instead of jail time) could be the exact legal outcome that makes you deportable under federal immigration law.

2. The Most Dangerous “Minor” Crimes

While simple parking tickets are generally safe, any offense involving the following can create serious problems for your immigration case, even if it’s only a misdemeanor:

 

Offense	The Immigration Risk
Drug Offenses	Any conviction for possession, even a small amount of marijuana (even if legal in your state), is a deportable and inadmissible offense under federal law.
DUI/OUI	A single, simple DUI (alcohol) may not automatically deport you, but it raises questions about Good Moral Character (GMC) for citizenship and can cause issues if you try to travel abroad and re-enter. Multiple DUIs are a serious risk.
Theft or Fraud	Crimes involving dishonesty, like shoplifting, writing a bad check, or simple theft, are often classified as a Crime Involving Moral Turpitude (CIMT), a primary trigger for deportation.
Domestic Violence	Any conviction for a crime of domestic violence, even a misdemeanor assault against a spouse, is an automatic ground for deportation.
Reckless Driving	While often treated as a major traffic ticket, reckless driving (especially with aggravating factors) can be viewed as a CIMT because it demonstrates depraved disregard for public safety.

3. Your Action Plan When Arrested or Cited

If you are ever detained or arrested, follow this plan to protect your future status:

Step 1: Do Not Waive Your Rights

• Remain Silent: Do not discuss your citizenship, immigration status, or the details of your crime with anyone other than your attorney.
• Do Not Sign: Never sign any documents presented by law enforcement or ICE without your attorney reviewing them.

Step 2: Get a “Crimmigration” Lawyer

• Your criminal defense attorney MUST consult an immigration expert. You need a lawyer who understands the unique rules of “crimmigration” (the overlap between criminal and immigration law).
• The Goal is Not Just “No Jail”: Your attorney’s goal must be to get a disposition (the final resolution of the case) that does not trigger a deportable or inadmissible offense. This often means pleading to a completely different, non-CIMT statute.

Step 3: Disclose Everything to USCIS

• Honesty is Paramount: When filing any immigration application (like the N-400 for citizenship), you must disclose every arrest, citation, charge, and conviction, even those that were dismissed or happened years ago.
• The Penalty for Lying: Lying or hiding a charge on a USCIS form is a separate, permanent ground of inadmissibility/deportability for committing fraud, which is far worse than the original crime.

Don’t let a small mistake become the reason you go home. The time to protect your immigration case is before you walk into a criminal courtroom.