How a Criminal Record Affects Your Immigration Case in Georgia

For immigrants in Georgia — whether undocumented, DACA holders, visa holders, or even lawful permanent residents — a criminal record can have devastating consequences on immigration status. A charge or conviction that might seem minor in the criminal law context can trigger inadmissibility, ineligibility for relief, or even mandatory removal from the United States. Understanding the intersection of criminal law and immigration law is critical for any non-U.S. citizen facing criminal charges in Georgia or with a prior criminal record.

At J. Lee & Associates Law Group in Norcross, Georgia, our team handles both immigration defense and criminal defense matters, allowing us to provide comprehensive counsel to clients facing this dangerous crossroads. This guide explains the most important immigration consequences of criminal records.

Warning: This is a rapidly evolving and highly fact-specific area of law. If you have any criminal history and have an immigration matter pending — or if you are a non-citizen facing criminal charges — you should consult an attorney immediately before taking any action. Pleading guilty to save time or money in criminal court can result in deportation.

Two Separate Legal Systems: Criminal Court and Immigration Court

Immigration law and criminal law are separate legal systems. A conviction that is expunged, dismissed, or results in no jail time under Georgia law may still be treated as a disqualifying conviction under federal immigration law. Immigration law is governed by federal statutes — primarily the Immigration and Nationality Act (INA) — and federal courts apply their own definitions of offenses, not state definitions.

This means a Georgia court may allow you to plead guilty to a reduced charge with no jail time, but USCIS or the immigration court may still classify that plea as an aggravated felony or a crime involving moral turpitude (CIMT) under INA § 101(a)(43) and INA § 212(a)(2)(A) respectively — with potentially permanent consequences.

Key Categories of Criminal Convictions Under Immigration Law

1. Aggravated Felonies (INA § 101(a)(43))

The term "aggravated felony" is misleading under immigration law. It includes many offenses that are not felonies under state law, and it covers conduct that may not seem "aggravated" in the ordinary sense. INA § 101(a)(43) lists more than 20 categories of aggravated felonies, including:

• Murder, rape, and sexual abuse of a minor
• Trafficking in drugs, firearms, or persons
• Theft offenses or burglary with a sentence of one year or more
• Fraud or deceit where the loss to the victim exceeds $10,000
• Tax evasion where the revenue loss to the government exceeds $10,000
• Crimes of violence for which the sentence is one year or more
• Obstruction of justice, perjury, or bribery if sentenced to five years or more
• Commercial bribery, counterfeiting, forgery, or trafficking in vehicles with altered VINs (sentence of one year or more)
• Money laundering over $10,000

Consequences of an aggravated felony conviction for non-citizens:

• Mandatory removal (INA § 237(a)(2)(A)(iii)) — no discretionary relief available in most cases
• Permanent bar on future admissibility in most circumstances
• Ineligibility for asylum (INA § 208(b)(2)(B)(i))
• Ineligibility for cancellation of removal
• Ineligibility for voluntary departure (INA § 240B(b)(1)(C))
• Expedited removal without a hearing in some cases
• 10-year ban on naturalization after sentence completed (INA § 316(e))

2. Crimes Involving Moral Turpitude (CIMT)

CIMTs are crimes that reflect poorly on a person's character — generally dishonest or base conduct. There is no exhaustive statutory list of CIMTs; courts and USCIS analyze offenses case by case. Common examples include theft, fraud, assault with intent to rob, domestic violence (in some circuits), and crimes involving deception.

A CIMT conviction can render a non-citizen:

• Inadmissible — ineligible to receive a visa or green card — under INA § 212(a)(2)(A)(i)(I)
• Deportable — if convicted within 5 years of admission with a sentence of one year or more, or if convicted of two CIMTs at any time — under INA § 237(a)(2)(A)(i) and (ii)

There is a "petty offense exception" under INA § 212(a)(2)(A)(ii)(II): if the maximum penalty for the offense is one year or less and you were not sentenced to more than 6 months, the CIMT conviction may not trigger inadmissibility. An attorney must analyze the specific statute of conviction to determine if this exception applies.

3. Controlled Substance Offenses

Drug offenses carry severe immigration consequences. Under INA § 212(a)(2)(A)(i)(II), any non-citizen convicted of or who admits to violating any law relating to a controlled substance (as defined in the Controlled Substances Act, 21 U.S.C. § 802) is inadmissible. Drug trafficking offenses are aggravated felonies.

Even simple marijuana possession — despite Georgia's evolving marijuana policies — can result in inadmissibility, removability, and ineligibility for naturalization under federal immigration law. Georgia's state law treatment of marijuana does not change the federal immigration analysis.

4. Domestic Violence, Child Abuse, and Protective Orders

INA § 237(a)(2)(E) makes non-citizens deportable if convicted of a crime of domestic violence, stalking, child abuse, child neglect, or child abandonment, or if they violate a domestic protective order. "Domestic violence" is defined broadly to include violence between current or former spouses, cohabitants, parents, and persons in a dating relationship.

Even a misdemeanor domestic assault conviction in Georgia can trigger deportation proceedings for a lawful permanent resident.

5. Firearms Offenses

Under INA § 237(a)(2)(C), non-citizens are deportable for conviction of a firearms offense — including illegal purchase, sale, transport, possession, or carrying of firearms or destructive devices. Trafficking in firearms is also an aggravated felony.

6. Multiple Criminal Convictions

Even if individual offenses would not trigger immigration consequences, the combination of multiple offenses can. Under INA § 237(a)(2)(A)(ii), a non-citizen is deportable if convicted of two or more CIMTs at any time after admission. Multiple minor offenses can accumulate into a basis for removal.

Georgia-Specific Issues

Georgia First Offender Act

Georgia's First Offender Act (OCGA § 42-8-60) allows first-time offenders to plead guilty without entering a conviction, with discharge and dismissal if they complete probation successfully. However, the federal immigration analysis is complex: some courts treat a First Offender Act plea as a "conviction" under INA § 101(a)(48)(A) if a judge accepted the plea and imposed a sentence, even if the conviction was ultimately expunged. Do NOT assume a First Offender plea is safe from immigration consequences without consulting an immigration attorney before entering the plea.

Youthful Offender Adjudications

Juvenile adjudications are generally not considered "convictions" under INA § 101(a)(48)(A) and may not trigger deportability grounds in the same way adult convictions do. However, very serious juvenile offenses may still affect admissibility in certain contexts. An attorney should review any juvenile history.

Misdemeanor DUI in Georgia

A first DUI conviction in Georgia is a misdemeanor. DUI is generally not a crime involving moral turpitude (absent aggravating factors), but it may affect discretionary decisions in immigration proceedings. Multiple DUIs, DUI resulting in injury, or DUI combined with other offenses can have more serious consequences. Disclose all DUI history to your immigration attorney.

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

1. Do not hide your criminal history from your immigration attorney. All history will come out through background checks, and lying on immigration forms is itself a disqualifying ground of inadmissibility.
2. Gather all records related to your criminal history: arrest records, charging documents, plea transcripts, sentencing orders, and disposition records from the court.
3. Consult an attorney before entering any guilty plea. Criminal defense attorneys often do not know immigration law. An immigration attorney must advise on the consequences before you plead.
4. Explore post-conviction relief in appropriate cases: motions to withdraw guilty pleas, Georgia record restriction (formerly expungement), and vacatur of convictions may improve your immigration case in some circumstances — though relief is not guaranteed.
5. Build your equities. Even with a criminal record, strong ties to the U.S. — long residence, U.S. citizen family members, employment history, rehabilitation evidence — are important factors in discretionary immigration decisions.

Frequently Asked Questions

Can I get a green card with a criminal record?

It depends on the offense. Some crimes bar you permanently; others may be waivable. For example, a single CIMT with a sentence of less than one year may qualify for the petty offense exception. Drug offenses generally require a waiver or exemption. Aggravated felonies may permanently bar you. Only an attorney who reviews your specific record and charges can give you an accurate answer.

Will a Georgia expungement fix my immigration problem?

Probably not on its own. Federal immigration law generally still treats a Georgia expunged or restricted record as a conviction if a judge accepted a guilty plea and imposed a sentence or probation. Consult an attorney about whether a vacatur or other post-conviction remedy might be more effective.

I'm a green card holder — can I be deported for a crime?

Yes. Lawful permanent residents are deportable for many criminal offenses including aggravated felonies, CIMTs, drug offenses, domestic violence, and firearms offenses. Having a green card does not protect you from removal based on criminal conduct.

What if I was arrested but not convicted?

An arrest without conviction generally cannot be a basis for deportation. However, USCIS may ask about arrests, and you must disclose them on immigration forms. Some forms ask about arrests; others ask only about convictions. Read each question carefully and be truthful. An attorney can help you frame your history accurately.

Get Help From an Attorney Who Understands Both Criminal and Immigration Law

The intersection of criminal and immigration law is one of the most dangerous areas for non-citizens. A conviction that seems minor in criminal court can end your life in America. The team at J. Lee & Associates Law Group in Norcross, Georgia, handles both criminal defense and immigration matters — giving you the comprehensive representation you need when the stakes are highest.

If you have a criminal record and an immigration matter pending, or if you are a non-citizen facing criminal charges in Georgia, do not wait.

Call us at (770) 609-9396 for a free consultation. Se habla español. Every day you wait is a day your options may narrow.

J. Lee & Associates Law Group | 1250 Tech Dr Suite 240, Norcross, GA 30093 | (770) 609-9396