A criminal charge can affect your immigration status
Every week, people who are not U.S. citizens accept plea deals in Wisconsin courts to "get it over with." Months or years later, that plea shows up in a residency application, a work permit renewal, or a deportation hearing. Here is what you should know before pleading guilty to anything.
The law requires that you be warned
In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the defense attorney of a person who is not a citizen must advise them if a guilty plea can lead to deportation. It is not a favor: it is part of the right to adequate representation.
The "it's only a misdemeanor" myth
Many people believe only felonies affect immigration. That is not true. Immigration law has its own categories, and a misdemeanor can fall into one of them depending on:
- The exact statute you are convicted under, word for word.
- What the court record says: the charging document, the plea, and the judgment.
- The possible sentence, not only the one you received.
- Whether the case involves drugs, domestic violence, weapons, or dishonesty.
Two people with charges that sound the same can end up with very different immigration results because of how the case was closed.
What to ask your defense attorney
- Say from the start that you are not a citizen, and what your exact status is (resident, work permit, no status, pending application).
- Ask for a written immigration analysis before accepting a plea. If your attorney does not do that analysis, ask them to consult an immigration attorney.
- Do not plead guilty at the first court date just to finish fast. Once a plea is accepted, undoing it is hard.
- Keep the case documents: the complaint, the signed plea agreement, and the judgment. Immigration will ask for certified copies.
How Lugo Law LLC works
Attorney Irizarry Lugo practices in both areas: Wisconsin criminal defense and immigration. In every criminal case involving a non-citizen, he reviews the immigration effect of each option before recommending a plea. Sometimes there is an alternative that resolves the criminal case without opening an immigration problem. Sometimes there is not, and what matters is knowing that before you sign.