Facing criminal charges as an immigrant in New Jersey is a situation that can be incredibly overwhelming. Not only do you have to deal with the legal ramifications of the criminal justice system, but there are also significant consequences for your immigration status. If you are currently in the U.S. on a visa, in the process of applying for a green card, or aiming to become a naturalized citizen, criminal charges could drastically affect your case. The Scheer Immigration Law Group has years of experience helping immigrants in New Jersey navigate the complexities of criminal charges and their potential impact on immigration cases. Understanding how these legal issues intersect can help you avoid serious consequences and protect your future in the U.S.
In this guide, we will break down how criminal charges can affect various aspects of your immigration status and what steps you can take to mitigate these consequences. Whether you are a green card holder, a DACA recipient, or in the process of seeking U.S. citizenship, it’s critical to understand the potential outcomes of criminal charges on your immigration case.
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Criminal Charges: Understanding Their Impact on Immigration Status 
Criminal charges can range from misdemeanors to serious felonies, and the severity of the charges can influence how they impact your immigration status. Some offenses may lead to immediate deportation, while others might affect your eligibility for visas or green cards. The consequences of a criminal conviction may differ depending on the type of charge, your immigration status, and your history in the United States. It is important to seek legal advice as soon as possible, especially if you are facing any of the following situations.
Types of Crimes That Can Affect Immigration Cases
- Aggravated Felonies
One of the most serious types of criminal charges under U.S. immigration law is the category of “aggravated felonies.” These include crimes like murder, drug trafficking, fraud, and sexual assault. Aggravated felonies are typically classified as crimes of moral turpitude and can trigger automatic deportation. Moreover, a conviction for an aggravated felony can lead to permanent bars on re-entry to the U.S., meaning that even if you have been in the country for years, you may not be able to return.
If you are facing an aggravated felony charge or conviction, it is important to know that it will most likely complicate your immigration case. You may not be eligible for certain immigration relief, including waiver applications or discretionary relief from deportation. The consequences can extend to your green card application or your ability to apply for naturalization.
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- Crimes of Moral Turpitude (CMTs)
Crimes of moral turpitude are those offenses that are considered inherently wrong by society. This includes theft, assault, fraud, and some types of drug offenses. Being convicted of a crime of moral turpitude can render an immigrant inadmissible to the U.S. and could result in removal proceedings. While there may be waivers available for certain crimes of moral turpitude, applying for these waivers is often a complex process that requires strong evidence of rehabilitation or the importance of your case.
In many instances, a CMT conviction will prevent immigrants from adjusting their status or applying for a green card, making it essential to address these charges with the help of an experienced immigration lawyer.
- Drug Offenses
Drug-related crimes are among the most common types of charges that can affect immigration cases. A conviction for drug possession or trafficking can make you inadmissible to the United States and lead to deportation. Even if the offense occurred many years ago, a past drug conviction can still affect your ability to apply for certain visas, permanent residency, or citizenship.
For example, if you have a history of drug convictions, applying for a green card could be impossible, as U.S. immigration law prohibits immigrants with certain drug offenses from being eligible for lawful permanent residency. Additionally, certain drug offenses, especially trafficking, are considered aggravated felonies and carry even more severe consequences.
- Domestic Violence and Abuse
Criminal charges related to domestic violence can have severe immigration consequences. If an immigrant is charged with domestic violence, they may face not only criminal penalties but also the possibility of deportation. A conviction for domestic violence can prevent someone from obtaining or renewing their green card, and in some cases, can disqualify them from naturalization.
Furthermore, domestic violence charges can prevent an individual from sponsoring their family members for immigration benefits. If you are a green card holder or U.S. citizen sponsoring a spouse or family member and have been convicted of domestic violence, this could have serious implications for your family’s ability to immigrate to the U.S.
The Role of Discretion in Immigration Cases
While criminal charges can have a significant impact on immigration cases, there are also opportunities to seek relief through prosecutorial discretion. Prosecutorial discretion allows immigration authorities to exercise their judgment in deciding whether to pursue deportation proceedings against an individual. In some cases, especially if the person has strong family ties in the U.S. or has a clean record apart from the offense, prosecutors may choose to forgo deportation.
Although prosecutorial discretion is not a guaranteed path to avoid deportation, an experienced immigration attorney can help demonstrate why your case warrants such discretion, particularly if the charges are minor or were committed many years ago. In New Jersey, having an attorney from The Scheer Immigration Law Group could greatly increase your chances of receiving favorable discretion in your case.
Steps Immigrants Should Take If Facing Criminal Charges
If you are facing criminal charges and are concerned about their impact on your immigration status, here are a few important steps you should take:
- Consult an Immigration Attorney Immediately
It’s crucial to consult with an immigration lawyer who understands the intersection between criminal law and immigration law. They can help you understand how your charges may affect your case and whether there are any options for mitigating the consequences. With the right guidance, you may be able to avoid deportation or remain eligible for a green card or naturalization. - Work with Your Criminal Defense Attorney
Your criminal defense attorney should work closely with your immigration attorney to minimize the impact of the criminal charges on your immigration case. In some instances, the criminal attorney may be able to get your charges reduced to a lesser offense that carries fewer immigration consequences. A plea bargain or alternative sentencing may also be available to help you avoid a conviction that would affect your immigration case. - Gather Supporting Evidence
If your immigration case is at risk due to criminal charges, gathering evidence to support your character and rehabilitation efforts is vital. Positive letters from community leaders, proof of employment, and evidence of your contributions to your community can help demonstrate that you are deserving of relief from deportation or other penalties. - Don’t Delay
If you have been charged with a crime, don’t wait to seek legal advice. Criminal charges, especially for more serious offenses, can quickly escalate into deportation proceedings. Early intervention from an immigration attorney can help you understand your options and take proactive steps to protect your immigration status.
Criminal Charges and Naturalization
If you are in the process of applying for U.S. citizenship, criminal charges could significantly delay or even prevent your naturalization. As part of the naturalization process, you are required to demonstrate good moral character. This is assessed over a period of five years (three years if married to a U.S. citizen), and any criminal conviction during this period can affect the outcome of your application.
Criminal charges may cause delays in your naturalization application while you wait for the results of any criminal proceedings. Additionally, certain convictions may make you ineligible for citizenship. The impact of criminal charges on your citizenship process can vary depending on the nature of the offense and your criminal history.
February Updates on Immigration Law and Criminal Charges
In February 2026, the U.S. Department of Homeland Security issued updated guidelines on the enforcement of immigration laws concerning individuals with criminal charges. For immigrants in New Jersey, these updates mean it is essential to stay informed about potential changes in the enforcement priorities for deportation and visa eligibility. The updates clarify which offenses are considered high-priority for deportation, which can help guide your strategy if you are facing criminal charges.
New Jersey residents who are immigrants should consult their immigration lawyer to ensure they fully understand the current enforcement priorities, especially if they are dealing with criminal charges. Attorneys from The Scheer Immigration Law Group are available to help navigate these complexities and determine the best course of action.
Criminal charges can have profound consequences for immigrants in New Jersey. Whether you are applying for a green card, DACA, or U.S. citizenship, facing criminal charges can complicate your case. The severity of the charges and your immigration status both play a role in determining the outcome. It is crucial to seek legal counsel immediately to understand your options and mitigate the impact on your immigration case.
The attorneys at The Scheer Immigration Law Group are here to help guide you through the intersection of criminal law and immigration law. If you are facing criminal charges, don’t wait—contact us today to discuss your case and protect your future in the United States.