For a United States citizen, a criminal conviction means fines, probation, or prison time. For a non-citizen — whether you are a green card holder, a visa holder, or an undocumented person — the same conviction can mean deportation, a permanent bar from reentering the United States, or the end of an immigration application you have been waiting years for.
The immigration consequences of a criminal conviction are often more serious and more permanent than the criminal sentence itself. Yet many people accept plea deals without fully understanding how those pleas will affect their immigration status.
This article outlines the major categories of criminal conduct that carry immigration consequences and explains why consulting an immigration attorney before accepting any plea — even for a minor offense — is essential.
The Constitutional Obligation: Padilla v. Kentucky
In 2010, the United States Supreme Court ruled in *Padilla v. Kentucky* that criminal defense attorneys are constitutionally required to advise their clients of the immigration consequences of a guilty plea. A plea entered without that advice can be challenged as ineffective assistance of counsel.
Despite this ruling, many criminal defendants in Ohio courts still receive incomplete or inaccurate advice about immigration consequences. If you are a non-citizen facing criminal charges — or if you previously accepted a plea without understanding the immigration impact — consulting an immigration attorney is critical.
Aggravated Felonies: The Most Serious Category
"Aggravated felony" is a technical immigration law term defined in 8 U.S.C. § 1101(a)(43). It does not correspond directly to Ohio's felony classification system. Many crimes classified as misdemeanors under Ohio law can be "aggravated felonies" for immigration purposes.
The consequences of an aggravated felony conviction are severe:
- Deportation is nearly mandatory — immigration courts have very limited discretion to grant relief
- Cancellation of removal is unavailable — the most common form of relief for long-term residents is barred
- Asylum is barred — even a legitimate asylum claim cannot succeed
- Reentry is permanently barred — attempting to reenter after removal for an aggravated felony is itself a federal crime
Examples of offenses that may qualify as aggravated felonies under immigration law regardless of how Ohio classifies them include: murder, rape, sexual abuse of a minor, drug trafficking (even for small amounts in some cases), theft or fraud offenses where the sentence imposed is at least one year, crimes of violence where the sentence imposed is at least one year, and money laundering.
The "sentence imposed" language is critical. Suspended sentences and probation count. A one-year suspended sentence on a theft charge can trigger aggravated felony consequences even if the person never spends a day in jail.
Crimes Involving Moral Turpitude (CIMTs)
"Crimes involving moral turpitude" (CIMTs) is an older immigration law concept encompassing conduct that is inherently base, vile, or depraved. There is no definitive statutory list — courts make case-by-case determinations — but common examples include theft offenses, fraud, assault involving intent to harm, and domestic violence.
The immigration consequences of a CIMT conviction depend on timing and the number of convictions:
- One CIMT committed or convicted within five years of admission to the U.S., with a sentence of one year or more imposed, makes a non-citizen deportable
- Two or more CIMTs at any time after admission makes a non-citizen deportable regardless of sentence
- A CIMT conviction can also bar admission — affecting people applying for visas, green cards, or reentry from abroad
The petty offense exception: There is a narrow exception for a single CIMT conviction if the maximum possible sentence for the offense does not exceed one year and the sentence actually imposed was six months or less. Qualifying for this exception requires careful analysis of the specific Ohio statute and conviction record.
Drug Offenses and Immigration
Drug convictions carry severe immigration consequences. A non-citizen convicted of any controlled substance offense under federal or state law — other than a single offense involving possession of 30 grams or less of marijuana for personal use — is subject to deportation and bars to admission.
This includes:
- Drug possession (beyond the narrow marijuana exception)
- Drug sales or distribution at any quantity
- Drug paraphernalia offenses in some circuits
- Conspiracy or attempt charges related to drug offenses
Ohio's drug laws, including diversion programs and expungements, do not eliminate the immigration consequences of the underlying conduct. A record that has been expunged under Ohio law may still be treated as a conviction for immigration purposes.
Domestic Violence, Stalking, and Child Abuse
Federal immigration law (8 U.S.C. § 1227(a)(2)(E)) provides for deportation of non-citizens convicted of:
- Crimes of domestic violence
- Stalking
- Child abuse, child neglect, or child abandonment
- Violation of a qualifying protective order
"Domestic violence" for immigration purposes covers crimes committed against a current or former spouse, cohabitant, co-parent, or person in a dating relationship. The offense does not need to be labeled "domestic violence" under Ohio law — what matters is the relationship and whether the offense qualifies as a "crime of violence."
Firearms Offenses
Certain firearms-related convictions also trigger deportation. A non-citizen who is convicted of purchasing, selling, or possessing a firearm in violation of any law — or who is found to be an unlawful user of controlled substances and possesses a firearm — may be deportable under 8 U.S.C. § 1227(a)(2)(C).
Why the Plea Itself Matters — Not Just the Sentence
Immigration law focuses almost entirely on the conviction record — the statute of conviction, the elements of the offense, and the sentence imposed. The actual facts of what happened matter far less than what you pled guilty to.
This means that:
- A plea to a lesser offense may or may not avoid immigration consequences depending on how that lesser offense is classified under immigration law
- Deferred adjudication, diversion, and suspended sentences are often treated as convictions for immigration purposes
- Expungement under Ohio law does not eliminate a conviction for federal immigration purposes in most cases
An immigration attorney who understands Ohio criminal statutes can review a proposed plea before you accept it and advise whether it triggers removability, bars to relief, or inadmissibility. If you have already been convicted, options such as post-conviction relief or cancellation of removal may be worth exploring with an attorney.
At Latif Law, we work with non-citizens in Columbus and throughout Central Ohio who face immigration consequences from criminal matters. We do not handle criminal defense — but we coordinate with criminal defense counsel to ensure that immigration consequences are fully considered before any plea is entered, and we represent clients in immigration proceedings where a prior conviction is at issue.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration law as it intersects with criminal law is extraordinarily complex and fact-specific. Every case is different. Nothing in this article creates an attorney-client relationship with Latif Law, LLC. Consult both a qualified criminal defense attorney and a qualified immigration attorney before accepting any plea or making any decision that may affect your immigration status.