Having a green card provides lawful permanent residence in the United States, but it does not offer immunity from deportation. Many green card holders are surprised to learn that certain criminal convictions, even those that may seem minor, can result in removal proceedings. In some cases, the government initiates deportation shortly after a conviction, leaving little time to respond or defend your status.
If you are a permanent resident living in Colorado and have been arrested or convicted of a crime, it is essential to understand the immigration consequences. Not all crimes make someone deportable, but specific categories of offenses are considered serious enough to trigger removal. Knowing which charges fall into these categories is the first step in protecting your future.
Green card holders facing criminal charges often need both an immigration attorney and a criminal defense lawyer to assess their legal options. One mistake or poorly negotiated plea deal can have lasting consequences on your ability to remain in the United States, renew your green card, or apply for citizenship in the future.
Types of Criminal Convictions That Can Trigger Removal
Immigration law separates deportable offenses into several categories. Some are straightforward, while others require careful analysis of the criminal record and court documents to determine whether they qualify under immigration law. Here are the main types of crimes that can make a green card holder subject to removal:
- Aggravated Felonies: Despite the name, an aggravated felony under immigration law is not always a felony under state law. This category includes crimes such as drug trafficking, sexual abuse of a minor, murder, rape, and certain firearms offenses. Even a relatively short sentence can qualify an offense as an aggravated felony. A conviction in this category almost always results in mandatory removal, and there are very limited forms of relief available.
- Crimes Involving Moral Turpitude (CIMT): This vague term refers to offenses that demonstrate dishonesty, fraud, or unethical behavior. Common examples include theft, domestic violence, assault with intent to harm, and certain types of fraud. A green card holder can be deported for a CIMT if it is committed within five years of admission to the U.S. and carries a possible sentence of one year or more. Two or more CIMT convictions at any time can also lead to removal.
- Drug Offenses: A single conviction for drug possession, even without any intent to distribute, can make a permanent resident deportable. This is especially true if the drug is a controlled substance other than a small amount of marijuana. More serious drug charges, such as possession with intent to distribute, are likely to result in mandatory removal and may be classified as aggravated felonies.
- Firearms Violations: Unlawful possession, sale, use, or trafficking of firearms or explosives can result in deportation. These cases are often prosecuted at both the state and federal level, increasing the risk of significant immigration consequences.
- Domestic Violence and Protection Order Violations: Convictions for domestic abuse, stalking, or violating a protective order can lead to removal. Immigration law takes a strict view of crimes involving family or household members, and even misdemeanor-level offenses may qualify as grounds for deportation.
Some of these categories, like crimes involving moral turpitude, require legal interpretation and depend heavily on the specifics of the offense and the language of the state statute. An immigration attorney can review your record and help determine whether your conviction places you at risk of removal.
How Pachuta & Kammerman Helps Defend Against Deportation
If you are a green card holder facing criminal charges or removal proceedings, legal representation is critical. At Pachuta & Kammerman, our immigration attorneys focus on deportation defense and help clients throughout Colorado challenge removal based on criminal convictions. We begin by conducting a detailed review of your criminal history, immigration record, and court documentation. This allows us to assess whether the conviction actually qualifies as a deportable offense under federal law.
In many cases, we work alongside your criminal defense attorney to avoid immigration consequences during the plea negotiation phase. If a plea has already been entered, we look for options to reopen the case if there was a failure to advise you of the immigration consequences. A motion to vacate or a post-conviction remedy in state court may be possible if the conviction was obtained improperly or through ineffective counsel.
For those already in removal proceedings, we build a defense based on the specific facts of the case. This could include applying for cancellation of removal, requesting a waiver, or demonstrating that the client qualifies for protection under asylum or other forms of humanitarian relief. We also explore whether the conviction falls outside the categories that would make someone deportable.
One of the strongest defenses available to permanent residents is cancellation of removal. This relief is available to individuals who have held a green card for at least five years, have continuously resided in the U.S. for seven years after lawful admission, and do not have an aggravated felony on their record. If granted, cancellation of removal allows the individual to keep their green card and remain in the United States lawfully.
Every case is different, and the right legal strategy depends on your personal background, the nature of the conviction, and the stage of your immigration case. Our team works to present the strongest possible case before the immigration judge and fights to protect your ability to stay in the U.S. with your family and community.
Act Quickly to Protect Your Status
Timing is crucial when criminal charges are involved. Many green card holders wait until it is too late to seek help, especially if they have already accepted a plea deal without fully understanding the consequences. Others assume that a misdemeanor cannot lead to deportation, which is often not true. The earlier you seek legal advice, the more opportunities you have to avoid or challenge removal.
If you are currently facing criminal charges, contact an immigration attorney before accepting a plea. If you have already been convicted and are now in removal proceedings, do not assume that deportation is inevitable. There may still be legal remedies available, but they require immediate action.
Contact us today to speak with our immigration defense attorneys. We help green card holders in Denver and throughout Colorado fight deportation and protect their right to remain in the United States. Let us review your case, explain your options, and build a defense tailored to your specific circumstances.
