How a Criminal Conviction Affects Your Immigration Case in Georgia

How a Criminal Conviction Affects Your Immigration Case in Georgia

For immigrants in Georgia, a criminal charge or conviction can have devastating consequences far beyond the criminal sentence itself. Certain convictions can trigger deportation proceedings, make you ineligible for a green card or citizenship, and permanently bar you from reentering the United States. Understanding the intersection of criminal and immigration law is critical before accepting any plea deal or going to trial.

J. Lee & Associates Law Group handles both criminal defense and immigration cases, giving our clients the unique advantage of attorneys who understand how decisions in criminal court directly affect immigration outcomes.

Categories of Crimes That Affect Immigration Status

Aggravated Felonies

Under INA § 101(a)(43), aggravated felonies include a broad list of offenses that carry the most severe immigration consequences. Despite the name, many "aggravated felonies" under immigration law are neither aggravated nor felonies under state law. Examples include:

• Murder, rape, or sexual abuse of a minor
• Drug trafficking offenses (even relatively minor drug sales)
• Firearms trafficking
• Theft offenses with a sentence of one year or more (even if suspended)
• Fraud offenses involving loss exceeding $10,000
• Money laundering over $10,000
• Certain violent crimes with a one-year sentence

An aggravated felony conviction generally results in mandatory deportation with very limited options for relief. Most forms of cancellation of removal, asylum, and voluntary departure are barred.

Crimes Involving Moral Turpitude (CIMTs)

Under INA § 212(a)(2)(A), a crime involving moral turpitude can make you inadmissible (barred from entering the U.S. or getting a green card) and deportable under INA § 237(a)(2)(A). CIMTs generally involve fraud, larceny, intent to harm, or conduct that shocks the public conscience. Georgia offenses commonly classified as CIMTs include:

• Shoplifting and theft by taking (O.C.G.A. § 16-8-14)
• Fraud and forgery offenses
• Assault with intent to harm (but not simple battery in all cases)
• DUI with aggravating factors in some circuits
• Domestic violence battery

Drug Offenses

Under INA § 212(a)(2)(A)(i)(II), any conviction or admitted conduct related to a controlled substance violation makes an immigrant inadmissible. This includes simple possession of marijuana under Georgia law (O.C.G.A. § 16-13-30), even though many states have decriminalized it. The only exception is a single offense of simple possession of 30 grams or less of marijuana.

Domestic Violence and Firearms Offenses

Under INA § 237(a)(2)(E), convictions for domestic violence, stalking, child abuse, or violation of a protective order make a non-citizen deportable. Firearms offenses under INA § 237(a)(2)(C) also trigger deportability.

How Georgia Sentencing Affects Immigration Outcomes

In immigration law, the "sentence imposed" matters as much as the conviction itself. A Georgia judge who imposes a sentence of 365 days (even if suspended and never served) can trigger aggravated felony classification for theft offenses. An experienced criminal defense attorney who understands immigration consequences will negotiate for 364 days or less to avoid this catastrophic threshold.

First Offender Treatment in Georgia

Georgia's First Offender Act (O.C.G.A. § 42-8-60) allows first-time offenders to complete their sentence without a formal conviction on their record. However, for immigration purposes, first offender treatment IS still considered a conviction under INA § 101(a)(48)(A) if the judge found sufficient facts to warrant a finding of guilt and ordered some form of punishment, penalty, or restraint. This is a critical distinction that many criminal defense attorneys unfamiliar with immigration law miss.

Padilla v. Kentucky: Your Right to Immigration Advice

The U.S. Supreme Court ruled in Padilla v. Kentucky, 559 U.S. 356 (2010), that criminal defense attorneys have a constitutional obligation under the Sixth Amendment to advise non-citizen clients about the deportation consequences of a guilty plea. If your attorney failed to warn you about immigration consequences before you pled guilty, you may be able to challenge the conviction through post-conviction relief.

Protecting Your Immigration Status

If you are a non-citizen facing criminal charges in Georgia, you need an attorney who understands both systems. At J. Lee & Associates Law Group, we evaluate every plea offer and sentencing recommendation through the lens of immigration consequences. We fight for dispositions that protect your ability to remain in the United States.

Call (770) 609-9396 immediately if you are facing charges. Se habla español.