How a Criminal Record Affects Immigration Status in Georgia (2026)

How a Criminal Record Affects Your Immigration Status in Georgia

For non-citizens living in the United States, a criminal arrest or conviction can have devastating immigration consequences that go far beyond the criminal penalties themselves. A single criminal conviction can make you deportable, inadmissible, or ineligible for immigration benefits such as a green card, citizenship, or asylum. In some cases, even an arrest without a conviction can trigger immigration enforcement action.

Understanding the intersection of criminal law and immigration law (often called "crimmigration") is essential for any non-citizen in Georgia who is facing criminal charges, has a prior conviction, or is applying for an immigration benefit. At J. Lee & Associates, our attorneys understand both Georgia criminal law and federal immigration law, and we work to protect our clients' immigration status at every stage of a criminal case.

The Two Key Immigration Consequences of Criminal Convictions

Under the Immigration and Nationality Act, criminal convictions can affect your immigration status in two primary ways:

Inadmissibility Grounds (INA Section 212(a))

Inadmissibility grounds prevent you from being admitted to the United States, adjusting your status to permanent resident, or obtaining certain immigration benefits. Criminal-related inadmissibility grounds under INA Section 212(a)(2) include:

• Crimes involving moral turpitude (CIMT): Under INA Section 212(a)(2)(A)(i)(I), a conviction or admission of a crime involving moral turpitude makes you inadmissible. Moral turpitude is not defined in the statute but has been interpreted by courts to include crimes involving fraud, dishonesty, theft, and intent to cause serious bodily harm. The BIA in Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), established the current framework for determining whether a crime involves moral turpitude.
• Controlled substance offenses: Under INA Section 212(a)(2)(A)(i)(II), any conviction relating to a controlled substance violation (other than a single offense of simple possession of 30 grams or less of marijuana) makes you inadmissible. This includes both federal and state drug convictions.
• Multiple criminal convictions: Under INA Section 212(a)(2)(B), if you have been convicted of two or more offenses with an aggregate sentence of 5 years or more, you are inadmissible regardless of whether the offenses involve moral turpitude.
• Drug trafficking: Under INA Section 212(a)(2)(C), anyone the government knows or has reason to believe is or has been a drug trafficker is inadmissible. This ground does not require a conviction.
• Prostitution and commercialized vice: Under INA Section 212(a)(2)(D)

Deportability Grounds (INA Section 237(a)(2))

Deportability grounds apply to individuals who have already been admitted to the United States. Criminal-related deportability grounds include:

• Crimes involving moral turpitude committed within 5 years of admission for which a sentence of one year or more may be imposed (INA Section 237(a)(2)(A)(i))
• Two or more CIMTs not arising out of a single scheme at any time after admission (INA Section 237(a)(2)(A)(ii))
• Aggravated felonies (INA Section 237(a)(2)(A)(iii)) — the most severe category, discussed in detail below
• Controlled substance offenses (INA Section 237(a)(2)(B))
• Firearms offenses (INA Section 237(a)(2)(C))
• Domestic violence, stalking, child abuse, and violation of protection orders (INA Section 237(a)(2)(E))

Aggravated Felonies: The Most Serious Immigration Consequence

The term "aggravated felony" in immigration law is defined in INA Section 101(a)(43) and includes a broad list of offenses that are far more expansive than the common understanding of the term. A conviction for an aggravated felony has the most severe immigration consequences:

• Mandatory deportation with very limited exceptions
• Permanent inadmissibility (no waiver available for most aggravated felonies)
• Permanent bar to most forms of immigration relief, including asylum (INA Section 208(b)(2)(B)(i)), cancellation of removal (INA Section 240A(a)(3) and (b)(1)(C)), and voluntary departure (INA Section 240B(a)(1))
• Mandatory detention without bond (INA Section 236(c))
• Expedited removal procedures with limited judicial review
• If deported, 20-year bar to readmission (INA Section 212(a)(9)(A)(ii)), or permanent bar if the individual re-enters illegally after removal for an aggravated felony (INA Section 212(a)(9)(A)(iii))

Critically, an offense does not need to be classified as a "felony" under state law to be an "aggravated felony" for immigration purposes. INA Section 101(a)(43) lists specific categories including:

• Murder, rape, or sexual abuse of a minor
• Drug trafficking (including some state convictions for sale or distribution)
• Firearms trafficking
• Theft or burglary offenses with a sentence of at least one year
• Fraud or deceit offenses with a loss exceeding $10,000
• Tax evasion with a loss exceeding $10,000
• Money laundering of more than $10,000
• Crimes of violence with a sentence of at least one year (as defined in 18 U.S.C. Section 16)
• Certain passport, document fraud, and smuggling offenses
• Failure to appear for service of sentence if the underlying offense is punishable by 5 or more years

The Supreme Court has addressed the definition of "aggravated felony" in numerous cases, including Moncrieffe v. Holder, 569 U.S. 184 (2013) (holding that marijuana distribution that could be punished as simple possession under federal law is not an aggravated felony) and Esquivel-Quintana v. Sessions, 581 U.S. 385 (2017) (defining "sexual abuse of a minor" for immigration purposes).

Georgia-Specific Criminal Offenses and Immigration Impact

Georgia criminal statutes interact with federal immigration law in important ways. Some examples that are particularly relevant for immigrants in Georgia:

DUI / DWI (O.C.G.A. Section 40-6-391)

A simple DUI conviction in Georgia (first offense, no aggravating factors) is generally not considered a crime involving moral turpitude and does not trigger deportability or inadmissibility on its own. However, there are important exceptions:

• DUI with injury to another person may be classified differently
• Multiple DUI convictions may be considered evidence of lack of good moral character for naturalization under INA Section 101(f)
• A DUI arrest can bring you to the attention of ICE, particularly in counties with 287(g) agreements
• DUI while driving on a suspended license may be a CIMT depending on the circumstances

Shoplifting (O.C.G.A. Section 16-8-14)

Shoplifting in Georgia is generally considered a crime involving moral turpitude because it involves an intent to deprive the owner of property through deception. Even misdemeanor shoplifting can make you inadmissible under INA Section 212(a)(2)(A). However, the "petty offense exception" under INA Section 212(a)(2)(A)(ii)(II) may apply if the maximum sentence for the offense does not exceed one year and the actual sentence imposed was not more than 6 months.

Drug Offenses (O.C.G.A. Title 16, Chapter 13)

Georgia drug convictions carry some of the most severe immigration consequences:

• Possession of marijuana (O.C.G.A. Section 16-13-30(j)): A first offense of simple possession of one ounce or less is a misdemeanor in Georgia. For immigration purposes, a single offense of simple possession of 30 grams or less of marijuana falls under a limited exception and may not make you inadmissible under INA Section 212(a)(2)(A)(i)(II). However, any amount makes you deportable under INA Section 237(a)(2)(B).
• Possession with intent to distribute: This is likely classified as a drug trafficking aggravated felony under INA Section 101(a)(43)(B), triggering the most severe consequences.
• Sale or distribution of controlled substances: Almost always an aggravated felony for immigration purposes.

Domestic Violence (O.C.G.A. Section 16-5-23.1 / Family Violence Battery)

A conviction for a crime of domestic violence as defined in INA Section 237(a)(2)(E)(i) makes you deportable. Georgia's family violence battery statute (O.C.G.A. Section 16-5-23.1) specifically targets battery against household members and is likely to be classified as a deportable domestic violence offense. Additionally, violation of a family violence protective order (O.C.G.A. Section 16-5-95) can independently make you deportable under INA Section 237(a)(2)(E)(ii).

Identity Fraud (O.C.G.A. Section 16-9-121)

Using a false identity or fraudulent documents is particularly dangerous for non-citizens. Beyond criminal penalties, identity fraud can make you inadmissible under INA Section 212(a)(6)(C) (fraud or willful misrepresentation) and may qualify as an aggravated felony if the sentence is one year or more (INA Section 101(a)(43)(M) for fraud offenses exceeding $10,000 in loss, or (R) for document fraud).

The Categorical Approach

When determining whether a state criminal conviction triggers immigration consequences, immigration judges and USCIS officers use what is known as the "categorical approach," as established by the Supreme Court in Taylor v. United States, 495 U.S. 575 (1990), and applied to the immigration context in Mellouli v. Lynch, 575 U.S. 798 (2015). Under this approach, the adjudicator looks at the minimum conduct criminalized by the state statute, not the specific facts of what happened in your case.

If the state statute is divisible (meaning it covers both conduct that would and would not match the federal immigration definition), the adjudicator may apply the "modified categorical approach" and look to a limited set of documents (the record of conviction) to determine which part of the statute the conviction was under. See Descamps v. United States, 570 U.S. 254 (2013), and Mathis v. United States, 579 U.S. 500 (2016).

This analysis is highly technical and can sometimes produce results that save an individual from deportation even when the underlying conduct seems serious. Having an attorney who understands the categorical approach is essential.

Protecting Your Immigration Status During a Criminal Case

If you are a non-citizen facing criminal charges in Georgia, it is critical to have an immigration attorney involved from the very beginning of the criminal case. Under the Supreme Court's decision in Padilla v. Kentucky, 559 U.S. 356 (2010), your criminal defense attorney has a constitutional obligation to advise you about the immigration consequences of a guilty plea. However, many criminal defense attorneys are not immigration experts and may not fully understand the immigration impact of different plea options.

An immigration attorney can work alongside your criminal defense attorney to identify plea options that minimize or avoid immigration consequences. This may include:

• Negotiating for a different charge: Pleading to a charge that is not a CIMT or aggravated felony can preserve your immigration options
• Controlling the sentence: Keeping a sentence under 365 days (imposed, not served) can avoid aggravated felony classification for many offenses
• Seeking pre-trial diversion: If you complete a diversion program and charges are dismissed without a conviction, this may avoid immigration consequences (though some states' diversion dispositions still qualify as "convictions" under INA Section 101(a)(48)(A))
• Avoiding drug-related pleas: Even a minor drug plea can have severe immigration consequences
• Preserving eligibility for relief: Ensuring that any plea does not bar you from cancellation of removal, asylum, or other forms of relief you may need in the future

Post-Conviction Relief

If you have already been convicted of an offense that is affecting your immigration case, post-conviction relief may be available under Georgia law:

• Motion to Vacate or Withdraw Guilty Plea: Under O.C.G.A. Section 17-7-93.1, you may be able to withdraw a guilty plea if you can show that you were not properly advised of the immigration consequences, following the principles established in Padilla v. Kentucky.
• Record Restriction (formerly "expungement" in Georgia): Georgia's record restriction under O.C.G.A. Section 35-3-37 restricts access to arrest records in certain circumstances. However, for immigration purposes, USCIS and immigration courts can still access restricted records and will still consider the underlying conviction [VERIFY - dated 2026-05].
• First Offender Treatment (O.C.G.A. Section 42-8-60): Georgia's First Offender Act may not result in a "conviction" for immigration purposes if no adjudication of guilt is entered. However, the analysis depends on the specific terms of the first offender disposition and how it is treated under INA Section 101(a)(48)(A). The BIA addressed first offender treatment in Matter of Salazar, 23 I&N Dec. 223 (BIA 2002), and courts have continued to refine this analysis.

287(g) Agreements in Georgia

Several Georgia counties participate in the 287(g) program, which deputizes local law enforcement officers to perform certain immigration enforcement functions. Under 8 U.S.C. Section 1357(g), participating agencies can identify and process individuals who are in the country unlawfully and who have been arrested for state or local crimes.

Counties in the Atlanta metropolitan area that have had 287(g) agreements include Cobb County, Gwinnett County, and Hall County, among others [VERIFY - dated 2026-05]. This means that if you are arrested in one of these jurisdictions, even for a minor offense, jail staff may check your immigration status and notify ICE, which could lead to the initiation of removal proceedings regardless of the outcome of the criminal case.

What to Do If You Have a Criminal Record and an Immigration Case

• Disclose everything. Failing to disclose arrests and convictions on immigration applications can result in denial based on fraud or misrepresentation under INA Section 212(a)(6)(C), which is often worse than the underlying criminal conviction.
• Obtain certified court dispositions for every arrest, whether or not it resulted in a conviction. USCIS and immigration judges require these documents.
• Consult an immigration attorney before filing any application. An attorney can analyze your specific convictions under the categorical approach and advise whether your criminal history bars you from the benefit you are seeking or whether a waiver may be available.
• Do not accept a plea deal in a criminal case without immigration advice. The consequences of a guilty plea can last far longer than any criminal sentence.

Contact Our Criminal-Immigration Defense Team

The intersection of criminal and immigration law is one of the most complex and high-stakes areas of legal practice. A mistake in either system can permanently affect your ability to live and work in the United States. At J. Lee & Associates, we handle both sides of the equation, providing integrated criminal defense and immigration representation to ensure that every decision in your criminal case is made with full awareness of the immigration consequences.

If you or a loved one has a criminal record and is facing immigration issues, or if you are a non-citizen who has been arrested or charged with a crime in Georgia, call us immediately at (770) 609-9396. Time is critical in crimmigration cases. The sooner we are involved, the more options we can preserve for your defense.

J. Lee & Associates Law Group provides criminal defense and immigration representation throughout Georgia, including Gwinnett County, Cobb County, DeKalb County, Fulton County, Hall County, and all surrounding jurisdictions.