Many lawful permanent residents assume that only serious felonies create immigration problems. That is not always true. Under federal immigration law, some misdemeanors can put a green card at risk, and in certain situations they can lead to removal (deportation) proceedings.
This article explains, in general terms, why a "minor" charge can still matter and what green card holders in Ohio should keep in mind. If you or a family member is facing a charge right now, you can review our immigration and criminal defense services to see how the two areas connect.
State labels and immigration labels are different
Ohio sorts offenses into felonies, misdemeanors, and minor misdemeanors. Federal immigration law does not use those labels. It looks at the type of offense, the exact wording of the statute, and sometimes the sentence. That is why an offense treated as minor in an Ohio municipal court can still carry serious weight in immigration court.
Types of misdemeanors that can create immigration problems
In general terms, these categories deserve close attention:
Controlled substance offenses. Most drug offenses can affect immigration status, including many possession charges. Federal law has a narrow exception for a single offense of possessing 30 grams or less of marijuana for personal use, but that exception is limited.
Domestic violence, stalking, and child abuse offenses. These can make a permanent resident deportable even when charged as a misdemeanor. A court finding that someone violated certain protection orders can also matter.
Firearms offenses. Many weapons offenses are their own separate ground of deportability.
Crimes involving moral turpitude. This broad category often includes offenses involving theft, fraud, or intent to cause harm. Whether a single conviction matters depends on timing and the possible sentence, and two or more can create problems.
Certain offenses that federal law calls "aggravated felonies." Despite the name, this category can include some offenses that a state treats as misdemeanors, depending on the facts and the sentence.
What counts as a "conviction" for immigration
Immigration law has its own definition of "conviction." In general, a guilty plea or a no contest plea, combined with some form of punishment or restraint, can count as a conviction even if a state program later dismisses or seals the case. This is one reason diversion programs and plea offers should be reviewed with immigration in mind before anything is signed.
Arrests and dismissed charges can still come up
Even a charge that ends in a dismissal can come up later. Green card renewals, travel, and citizenship applications ask about arrests, and fingerprint checks usually reveal them. Keeping certified court records for every case is a good habit.
Timing is everything
The most important moment is usually before a plea is entered. Once a conviction is on the record, the options narrow. A defense strategy that considers immigration from the start may look different from one that does not, for example in how a plea is structured or what record the court creates.
Practical steps for green card holders
Tell your criminal defense lawyer that you are not a U.S. citizen. Since the Supreme Court's 2010 decision in Padilla v. Kentucky, defense lawyers have a duty to advise noncitizen clients about deportation risk.
Do not plead guilty or no contest to anything, including a minor misdemeanor, until you understand the immigration effect.
Keep copies of all court paperwork.
Avoid international travel while a case is open, and speak with a lawyer before you travel.
Get both sides of your case reviewed together
Robert Wisniewski represents clients in both criminal defense and immigration matters, so both sides of a case can be considered together. Meetings are held by phone or video.
If you have questions about a pending charge, contact Wisniewski Law to request a consultation.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so please speak with an attorney about your specific case.
