JLA Law Group

Criminal and Immigration Consequences Attorneys in Norcross and Atlanta, Georgia

Case Evaluation→(770) 609-9396

The intersection of criminal law and immigration law is one of the most complex and high-stakes areas of legal practice. A single criminal conviction, even a misdemeanor, can trigger deportation, render a person inadmissible, bar them from obtaining a green card, or destroy eligibility for naturalization. Under Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court held that defense attorneys have a Sixth Amendment obligation to advise noncitizen clients about the immigration consequences of a guilty plea. Despite this ruling, many criminal defense attorneys in Georgia lack the immigration expertise needed to identify the specific consequences of a particular charge and plea.

The Immigration and Nationality Act creates two categories of criminal grounds for removal: deportability under INA § 237(a)(2) and inadmissibility under INA § 212(a)(2). Aggravated felonies under INA § 101(a)(43) carry the most severe consequences, including mandatory deportation, a permanent bar to reentry, and ineligibility for almost all forms of relief. Crimes involving moral turpitude (CIMT) can trigger deportability or inadmissibility depending on the number of convictions and timing. Controlled substance offenses, with the narrow exception of a single offense involving 30 grams or less of marijuana, are broadly disqualifying.

Georgia's criminal code creates unique challenges because state offense definitions do not always align with federal immigration categories. The categorical and modified categorical approaches used by immigration courts to analyze convictions under Georgia law require specialized knowledge of both systems. At J. Lee & Associates, our attorneys practice at this intersection, providing criminal defense with full awareness of immigration consequences and immigration defense informed by the realities of the Georgia criminal justice system. We serve Norcross, Gwinnett County, and the greater Atlanta metro area.

Steps You Should Take

1

Request an Immigration Consequences Analysis

Before any plea negotiation or trial strategy is finalized, our attorneys conduct a comprehensive analysis of how each potential charge and disposition would affect your immigration status, green card application, or naturalization eligibility.

2

Negotiate Immigration-Safe Plea Dispositions

We work with criminal defense counsel (or provide direct criminal defense) to negotiate plea agreements that avoid aggravated felony classifications, CIMT findings, and controlled substance convictions wherever legally possible.

3

Defend Against Removal Based on Criminal Grounds

If you are already in removal proceedings due to a criminal conviction, we evaluate all available defenses, including challenging the categorical match between the Georgia statute and the federal immigration ground, and pursuing post-conviction relief such as motions to vacate.

4

Call JLA for an Urgent Criminal-Immigration Consultation

Call (770) 609-9396 immediately if you or a family member has been arrested or charged with a crime and has any immigration status concerns. Time is critical; do not plead guilty without expert advice.

Frequently Asked Questions

What is an aggravated felony for immigration purposes?
An aggravated felony under INA § 101(a)(43) is a broad category that includes murder, drug trafficking, firearms trafficking, theft or burglary offenses with a sentence of one year or more (including suspended sentences), crimes of violence with a sentence of one year or more, fraud offenses involving losses exceeding $10,000, and many others. A conviction for an aggravated felony results in mandatory deportation and a permanent bar to almost all forms of immigration relief.
What is a crime involving moral turpitude (CIMT)?
A CIMT is a crime that involves conduct that is inherently base, vile, or depraved, contrary to accepted moral standards. Common examples include theft, fraud, assault with intent to cause serious harm, and domestic violence. A single CIMT committed within five years of admission can make an LPR deportable. Two CIMTs at any time, not arising from a single scheme, can trigger inadmissibility.
How can a guilty plea affect my immigration case?
Under Padilla v. Kentucky, your criminal defense attorney is required to advise you of immigration consequences before you plead guilty. A guilty plea to a deportable offense, even with no jail time, can result in mandatory detention and removal proceedings. It is essential that a criminal defense attorney with immigration knowledge negotiates pleas that avoid the most severe immigration consequences.
Can I get my criminal record expunged to avoid immigration consequences?
Generally, no. Under federal immigration law, an expungement or record restriction under state law (such as Georgia's O.C.G.A. § 35-3-37) does not eliminate a conviction for immigration purposes. The conviction remains a valid basis for deportability or inadmissibility. The only exception is a vacatur of conviction based on a legal defect in the underlying proceedings.
What should I do if I am arrested and I am not a U.S. citizen?
Exercise your right to remain silent. Do not discuss your immigration status with law enforcement. Contact an attorney immediately who understands both criminal and immigration law. Do not plead guilty to any charge without first obtaining an immigration consequences analysis. Call JLA at (770) 609-9396.

Applicable Laws

INA § 101(a)(43) / 8 U.S.C. § 1101(a)(43)Definition of aggravated felony: 21 categories of offenses carrying the most severe immigration consequences.
INA § 237(a)(2) / 8 U.S.C. § 1227(a)(2)Criminal grounds of deportability: aggravated felonies, CIMTs, controlled substances, firearms, and domestic violence.
INA § 212(a)(2) / 8 U.S.C. § 1182(a)(2)Criminal grounds of inadmissibility: CIMTs, controlled substance violations, and multiple criminal convictions.
Padilla v. Kentucky, 559 U.S. 356 (2010)Supreme Court: defense counsel must advise noncitizen clients of immigration consequences of guilty pleas (Sixth Amendment).

Related Services

Defensa contra DeportaciónLey de InmigraciónCancelación de RemociónLey de InmigraciónDefensa de FeloníasDefensa Criminal

Other Immigration Law Services

G
Green Card
D
Deportation Defense
A
Asylum
V
VAWA
U
U-Visa
D
DACA
N
Naturalization
F
Family Petitions
W
Work Permits
C
Cancellation of Removal
I
I-601 Waiver
M
Marriage Green Card
A
Adjustment of Status
H
H-1B Visa
T
Temporary Protected Status
S
Special Immigrant Juvenile

Case Evaluation

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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