Many people believe that once a criminal case is resolved, it is no longer a concern for their future. Unfortunately, for immigrants in Pennsylvania and across the United States, even a past arrest or conviction can create serious obstacles when applying for a green card, renewing a visa, or pursuing citizenship. What may seem like a minor offense under state law can trigger major immigration consequences.
The best way to make sure your criminal case does not affect your immigration status is to talk to an immigration lawyer right away. At The Law Offices of David S. Santee, we have dedicated our practice to the intersection of criminal and immigration law. We understand how much is at stake for our clients, and we are ready to step in with strategies that protect both your immigration goals and your rights in criminal proceedings. Our trial-ready approach means that whether you are in criminal court, immigration court, or both, you will have experienced advocates by your side.
Why Criminal History Matters in Immigration Cases
Immigration law does not treat all offenses equally. Even arrests that did not result in convictions can raise red flags during immigration applications. Certain categories of crimes, such as aggravated felonies, crimes involving moral turpitude, or controlled substance violations, can lead to inadmissibility or even removal proceedings.
Pennsylvania residents often do not realize that state and federal definitions of crimes may differ. A misdemeanor under state law may be classified as a deportable offense under immigration law. This disconnect creates confusion and makes it vital to have an attorney who understands both systems.
Common Immigration Consequences of Past Cases
A past criminal record can affect immigrants in multiple ways:
- Applications for green cards or adjustment of status may be denied.
- Lawful permanent residents applying for citizenship may face delays or rejection.
- Non-citizens can be placed in removal proceedings after a conviction.
- Certain waivers or forms of relief may be unavailable depending on the type of offense.
- Some naturalized U.S. citizens may have their citizenship taken away.
Even relatively minor charges, such as shoplifting or simple drug possession, can have long-lasting or permanent immigration effects. That is why it is critical to review your history with an attorney before filing any immigration paperwork.
The Role of Post-Conviction Relief
In some situations, it may be possible to go back and challenge a prior conviction. Pennsylvania law provides opportunities for appeals, motions for post-conviction relief, or even expungement (i.e., destruction) of certain police and court records. While these steps can be important when a conviction is preventing you from obtaining or keeping legal status in the United States, It is important to seek the advice of an experienced immigration lawyer BEFORE taking any of these steps. For example, post-conviction relief is not always recognized under immigration law. Only an experienced immigration lawyer can make sure that you get the type of relief that you need. Also, non-citizens must be careful before obtaining an expungement that they obtain certified copies of the court records that they will need for future immigration applications. Once the record is expunged, those records are gone forever.
At The Law Offices of David S. Santee, we regularly evaluate past cases to determine whether relief is available. By addressing issues such as ineffective assistance of counsel or procedural errors, we may be able to reopen a case and improve your immigration prospects.
Strategies to Protect Your Immigration Status
The most effective way to protect your immigration status is to take action early. If you are currently facing criminal charges, it is essential to have an attorney who understands how your case could impact your immigration future. We work closely with clients to pursue plea agreements that minimize immigration consequences or, when necessary, to fight cases at trial. We call this “Crimmigration” because the criminal case and immigration case are intertwined. We understand that the immigration consequences can be just as serious, if not more serious, than what our clients are facing in criminal court.
For those with past convictions, the strategy may involve filing waivers of inadmissibility, pursuing post-conviction relief, or preparing strong evidence of rehabilitation and community ties to present to immigration authorities. Every client’s situation is unique, and we take the time to develop a plan tailored to your goals.
Why Trial Readiness Matters in Crimmigration Cases
Crimmigration cases often move quickly, and the consequences can be life-changing. Being represented by attorneys who are prepared to go to trial gives you leverage in both criminal court and immigration proceedings. Prosecutors and immigration officers recognize when a defense team is ready to challenge evidence, cross-examine witnesses, and present strong arguments in court.
At The Law Offices of David S. Santee, we prepare every case as though it will be contested before a judge. This level of readiness not only strengthens our ability to win at trial, it also often results in better outcomes during negotiations or hearings.
Why Families Choose The Law Offices of David S. Santee
Families across Pennsylvania turn to us because we combine knowledge of immigration law with deep experience in criminal defense. We do not see clients as case numbers. We see parents, children, and individuals who are trying to secure a future in the United States. Our firm provides clear communication, compassionate support, and aggressive advocacy, no matter how complex the case may be.
Taking the Next Step
If you or a loved one has a criminal record and is worried about its effect on your immigration status, do not wait until you are facing a denial or removal proceeding. Proactive action is the best way to protect your future.
Contact The Law Offices of David S. Santee today to schedule a consultation. We will review your history, explain your options, and fight to help you stay on the path toward lawful status and citizenship.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.