Immigration Consequences of Criminal Records in Downey: What Arab Immigrants Must Know
Understanding how criminal convictions affect your immigration status, green card, and path to citizenship
Quick Answer
A criminal record can have devastating consequences for immigrants in Downey — from denial of a green card or citizenship to deportation from the United States. Many Arab immigrants are unaware that even minor offenses, misdemeanors, or charges that were dismissed may still affect their immigration cases. SoCal Immigration Services helps clients understand how their criminal history interacts with immigration law and what relief options may be available.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
A criminal record can have devastating consequences for immigrants in Downey — from denial of a green card or citizenship to deportation from the United States. Many Arab immigrants are unaware that even minor offenses, misdemeanors, or charges that were dismissed may still affect their immigration cases. SoCal Immigration Services helps clients understand how their criminal history interacts with immigration law and what relief options may be available.
How Criminal Records Affect Immigration
Inadmissibility (INA § 212): Grounds that prevent you from entering the United States, getting a visa, or adjusting status to permanent residence. If you are inadmissible, you cannot get a green card or be admitted at the border.
Deportability (INA § 237): Grounds that make you removable from the United States even if you are already here legally. If you are deportable, the government can place you in removal proceedings and order you deported.
These two categories overlap but are not identical. Some crimes make you both inadmissible and deportable. Others affect only one category. The specific immigration consequences depend on the exact offense, the sentence imposed, and your current immigration status.
Crimes of Moral Turpitude (CIMT)
Common crimes of moral turpitude include:
• Fraud offenses (welfare fraud, tax fraud, insurance fraud, identity theft)
• Theft offenses (grand theft, burglary, shoplifting in some jurisdictions)
• Assault with intent to cause serious harm
• Domestic violence
• Drug trafficking (also an aggravated felony)
• Forgery and counterfeiting
• Perjury
• Sex offenses
A single CIMT conviction can make you inadmissible. Two or more CIMT convictions (not arising out of a single scheme) make you deportable regardless of the sentence. There is a limited exception called the "petty offense exception" for a single CIMT where the maximum possible sentence is one year or less and the actual sentence imposed was six months or less.
Aggravated Felonies
Aggravated felonies include:
• Murder, rape, and sexual abuse of a minor
• Drug trafficking (including some possession with intent charges)
• Firearms trafficking
• Theft or burglary with a sentence of one year or more (including suspended sentences)
• Fraud or tax evasion involving a loss exceeding $10,000
• Money laundering over $10,000
• Crimes of violence with a sentence of one year or more
• Certain document fraud offenses
Consequences of an aggravated felony conviction:
• Mandatory deportation with very limited exceptions
• Permanent bar from re-entry to the United States
• Ineligible for asylum, cancellation of removal, and voluntary departure
• Ineligible for naturalization permanently
• Subject to expedited removal with fewer procedural protections
Controlled Substance Offenses
Key points for drug offenses:
• Any drug conviction (except a single offense involving 30 grams or less of marijuana for personal use) makes you inadmissible
• Drug trafficking is classified as both a CIMT and an aggravated felony
• Even drug paraphernalia convictions can create immigration problems
• USCIS can find you inadmissible based on admitted drug use even without a conviction
• Marijuana remains a controlled substance under federal law regardless of California state law
• A drug conviction generally bars the good moral character finding needed for naturalization
This is critically important for the Arab community in Downey: even in states where marijuana is legal, using or possessing marijuana can result in denial of your green card application, citizenship application, or admission at the border.
Crime Categories and Immigration Consequences
| Crime Category | Inadmissibility | Deportability | Naturalization Impact | Available Waivers |
|---|---|---|---|---|
| Single CIMT (petty offense) | May qualify for petty offense exception | Not deportable for single CIMT | May affect good moral character | I-601 waiver possible |
| Two or more CIMTs | Inadmissible | Deportable | Bars good moral character | I-601 waiver possible |
| Aggravated felony | Inadmissible | Mandatory deportation | Permanent bar to citizenship | No waiver available |
| Simple drug possession | Inadmissible (except marijuana <30g) | Deportable | Bars good moral character | I-601 waiver possible for some |
| Drug trafficking | Inadmissible | Deportable (aggravated felony) | Permanent bar | No waiver available |
| Domestic violence | May be inadmissible as CIMT | Deportable under INA 237(a)(2)(E) | Bars good moral character | Limited waiver options |
| DUI (single, no injury) | Generally not a CIMT | Generally not deportable | May affect good moral character | Usually not needed |
| DUI (multiple or with injury) | May be CIMT depending on elements | May be deportable | Bars good moral character during statutory period | Case-by-case analysis |
| Firearms offenses | Inadmissible as CIMT in many cases | Deportable under firearms ground | Bars good moral character | I-601 waiver possible for some |
Waivers of Inadmissibility
Form I-601 (Application for Waiver of Grounds of Inadmissibility): This waiver is available for certain criminal grounds of inadmissibility, including CIMTs and some drug offenses (except drug trafficking). You must demonstrate that denying your admission would cause extreme hardship to a qualifying U.S. citizen or permanent resident relative (spouse, parent, or in some cases, child).
Form I-601A (Provisional Unlawful Presence Waiver): This waiver addresses unlawful presence, not criminal inadmissibility directly, but may be part of a comprehensive case strategy for applicants with both issues.
Form I-212 (Permission to Reapply for Admission): If you were previously deported or removed, you need this form to request permission to re-enter the United States. It does not waive criminal inadmissibility but addresses the bar created by removal.
No waiver is available for aggravated felonies, drug trafficking, or certain other serious offenses. This is why it is critical to understand the exact immigration classification of any criminal conviction.
Post-Conviction Relief
Expungement under Penal Code § 1203.4: California expungement withdraws the guilty plea and dismisses the case. However, for immigration purposes, USCIS generally does not recognize California expungements as eliminating the conviction. The conviction still counts for immigration analysis.
Vacatur Based on Legal Invalidity: If your conviction can be vacated because of a legal defect — such as ineffective assistance of counsel, failure to advise of immigration consequences (under Padilla v. Kentucky), or a defective plea — then the conviction may be eliminated for immigration purposes. This is different from expungement.
Reduction of Felony to Misdemeanor (PC § 17(b)): California allows some felonies ("wobblers") to be reduced to misdemeanors. For immigration purposes, this reduction may change the classification of the offense and affect whether it qualifies as an aggravated felony.
Proposition 47 Relief: California's Prop 47 allows certain felony convictions to be reclassified as misdemeanors. This can have significant immigration benefits by reducing the sentence below the aggravated felony threshold.
Critical note: Not all forms of post-conviction relief help with immigration. The modification must be based on a legal defect in the original proceeding, not merely for immigration purposes. An experienced analysis is essential.
Impact on Naturalization and Good Moral Character
Criminal convictions that permanently bar good moral character:
• Aggravated felony conviction (after November 29, 1990)
• Murder conviction at any time
Criminal convictions that conditionally bar good moral character:
• Conviction of a crime involving moral turpitude (during statutory period)
• Two or more convictions with combined sentences of 5+ years (during statutory period)
• Controlled substance violation (during statutory period, except single marijuana possession of 30g or less)
• Incarceration for 180+ days (during statutory period)
• Giving false testimony under oath for immigration benefits
For conditional bars, you may establish good moral character by waiting until the conviction and sentence fall outside the statutory period. For permanent bars (aggravated felonies and murder), you can never establish good moral character for naturalization purposes.
How to Get a Record Expunged or Vacated in California
1. Expungement (PC § 1203.4): Available if you completed probation or if probation was terminated early. File a petition with the sentencing court. While not recognized by USCIS, it still provides benefits for employment and housing.
2. Motion to Vacate Based on Immigration Consequences (PC § 1473.7): If you were not properly advised of the immigration consequences of your plea (a constitutional right under Padilla v. Kentucky), you can file a motion to vacate. This is powerful because it can eliminate the conviction for immigration purposes.
3. Certificate of Rehabilitation: Available 7+ years after completing your sentence. Shows rehabilitation and entitles you to apply for a Governor's Pardon.
4. Governor's Pardon: A full pardon may eliminate immigration consequences in some cases, though this is a complex area of law with differing interpretations.
5. Reduction to Misdemeanor (PC § 17(b)): For wobbler offenses, this can reduce the immigration impact significantly.
We strongly recommend seeking both criminal defense counsel and immigration expertise when pursuing post-conviction relief. The criminal and immigration analysis must work together.
Our Criminal Record Immigration Services in Downey
- •Comprehensive criminal record review and immigration impact analysis
- •Determination of whether offenses are CIMTs, aggravated felonies, or other immigration-relevant categories
- •I-601 waiver of inadmissibility application preparation
- •Guidance on post-conviction relief options under California law
- •Documentation and evidence gathering for waiver applications
- •Good moral character analysis for naturalization applicants
- •Referrals to qualified immigration attorneys for removal defense
- •Arabic-language consultations to explain complex legal issues
- •Record review before applying for green card or citizenship to avoid triggering removal
FAQFrequently Asked Questions
Q:I got my case dismissed. Does it still affect my immigration?
A: It depends. Dismissed cases generally do not create immigration consequences because there is no conviction. However, if you entered a plea (guilty or no contest) before dismissal — common in California deferred adjudication programs — USCIS may still consider it a conviction. Additionally, admitted conduct can be relevant to inadmissibility even without a conviction, particularly for drug offenses.
Q:I have a DUI conviction. Will I be deported?
A: A single simple DUI (without aggravating factors) is generally not classified as a crime of moral turpitude and does not make you deportable. However, multiple DUIs, DUI with injury, or DUI combined with other factors (extremely high BAC, driving on a suspended license, child endangerment) may create immigration issues. A DUI can also affect the good moral character determination for naturalization.
Q:California legalized marijuana. Can I use it without immigration consequences?
A: No. Marijuana remains a Schedule I controlled substance under federal law, and immigration law is federal. Admitting marijuana use to a USCIS officer can make you inadmissible even without a conviction. Do not discuss marijuana use in immigration interviews, and be aware that marijuana-related convictions carry full immigration consequences regardless of state law.
Q:My conviction was expunged under California law. Does USCIS still see it?
A: Yes. USCIS does not recognize California expungements under PC § 1203.4 as eliminating a conviction for immigration purposes. The conviction still appears in background checks and still counts for immigration analysis. A vacatur based on a legal defect in the original proceeding is different and may eliminate the conviction for immigration purposes.
Q:I was convicted of a crime 20 years ago. Can I still become a citizen?
A: Possibly. Unless your conviction is an aggravated felony or murder (which permanently bar citizenship), you may be able to establish good moral character if the conviction falls outside the statutory period (5 years or 3 years depending on your basis for naturalization). We recommend a thorough analysis before filing to avoid triggering removal proceedings.
Q:Should I tell my immigration officer about my criminal record?
A: You must always be truthful on immigration applications and in interviews. Lying about a criminal record is a separate ground of inadmissibility (fraud/misrepresentation) and can permanently bar you from immigration benefits. If you have a criminal record, seek professional guidance before filing any immigration application so you can present your case strategically.
Concerned About Criminal Record Immigration Consequences?
Our experienced team helps Downey residents understand how their criminal history affects immigration and what options are available. We provide honest assessments and clear guidance.
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