Immigration Consequences of Criminal Charges in Fullerton: Protecting Your Status

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Fullerton, located in northern Orange County, is home to a diverse immigrant community including thousands of Arab, Middle Eastern, and North African residents who hold various immigration statuses — green cards, work visas, student visas, asylum, TPS, and DACA. For these community members, a criminal charge or conviction can have devastating consequences that extend far beyond the criminal justice system. Even minor criminal offenses that a U.S. citizen might resolve with a fine or probation can trigger deportation proceedings, bar naturalization, prevent visa renewals, or make an immigrant inadmissible to the United States. Understanding the intersection of criminal law and immigration law is critical for every immigrant in Fullerton who encounters the criminal justice system. SoCal Immigration Services provides specialized guidance at this complex intersection, helping immigrants understand the immigration consequences of criminal charges before accepting plea deals or going to trial. Call SoCal Immigration Services at (714) 421-8872.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

Aggravated Felonies: The Most Severe Immigration Consequences

An aggravated felony conviction is the most devastating criminal outcome for any immigrant in the United States. Despite the term, an 'aggravated felony' in immigration law does not necessarily involve aggravating circumstances or even a felony under state law. Congress has defined a broad list of offenses as aggravated felonies under INA Section 101(a)(43), and this list includes many offenses that are classified as misdemeanors under California law. The consequences of an aggravated felony conviction are severe and largely irrevocable. An immigrant convicted of an aggravated felony is deportable under INA Section 237(a)(2)(A)(iii), is permanently barred from almost all forms of immigration relief including cancellation of removal and asylum, is permanently inadmissible under INA Section 212(a)(2), and is subject to expedited removal procedures. Aggravated felonies include murder, rape, sexual abuse of a minor, drug trafficking (including some possession offenses depending on the circumstances), firearms trafficking, money laundering over $10,000, fraud offenses with a loss exceeding $10,000, theft offenses with a sentence of at least one year (even if suspended), crimes of violence with a sentence of at least one year, and many others. For Fullerton immigrants, it is essential to understand that a California misdemeanor with a suspended sentence of one year can be classified as an aggravated felony for immigration purposes. This means that plea negotiations in criminal court must always consider the immigration consequences — a plea that seems favorable in criminal court can be catastrophic for immigration status.

•Aggravated felonies trigger mandatory deportation with almost no available relief
•Many California misdemeanors qualify as aggravated felonies under immigration law
•Theft with a sentence of 1+ year (even suspended) is an aggravated felony
•Drug trafficking includes some possession offenses depending on circumstances
•Fraud with losses over $10,000 is classified as an aggravated felony
•Crimes of violence with a 1+ year sentence (even suspended) qualify
•Permanent bar from cancellation of removal, asylum, and voluntary departure

Crimes Involving Moral Turpitude (CIMT): Understanding the Threshold

Crimes involving moral turpitude (CIMT) represent the second major category of criminal offenses that trigger immigration consequences. A CIMT is generally defined as a crime that involves fraud, larceny, or intent to harm persons or property — essentially, conduct that is inherently base, vile, or depraved and contrary to accepted moral standards. Unlike aggravated felonies, which are specifically listed in the statute, CIMT is a judge-made doctrine that requires analysis of the elements of the specific offense. Common offenses classified as CIMT include theft (petty theft, grand theft, shoplifting with intent to defraud), fraud (identity theft, credit card fraud, insurance fraud, welfare fraud), assault with intent to cause bodily harm (but not simple assault without intent), domestic violence under certain circumstances, DUI with additional aggravating factors (though simple DUI is generally not a CIMT), forgery, perjury, and tax evasion. The immigration consequences of a CIMT conviction depend on the immigrant's status and history. A single CIMT conviction within five years of admission makes a non-citizen deportable under INA Section 237(a)(2)(A)(i). Two or more CIMT convictions at any time after admission, arising from separate schemes of criminal conduct, make a non-citizen deportable regardless of when they were committed. For inadmissibility purposes, any CIMT conviction (or even an admission of committing a CIMT) makes a person inadmissible under INA Section 212(a)(2)(A)(i), with a limited exception called the petty offense exception for a single offense with a maximum possible sentence of one year or less and an actual sentence of six months or less.

•CIMT includes theft, fraud, assault with intent to harm, and deceptive conduct
•One CIMT within 5 years of admission triggers deportability
•Two or more CIMTs at any time after admission trigger deportability
•Any CIMT conviction can make a person inadmissible (bars reentry or adjustment)
•Petty offense exception: single CIMT with max sentence ≤1 year and actual sentence ≤6 months
•Simple DUI is generally NOT a CIMT, but DUI with injury or aggravating factors may be
•The specific elements of the offense determine CIMT classification, not the charge name

Drug Offenses: Zero Tolerance in Immigration Law

Drug offenses carry some of the harshest immigration consequences, and immigration law takes a near-zero-tolerance approach to drug-related criminal conduct. Under INA Section 237(a)(2)(B)(i), any non-citizen convicted of a violation of any law relating to a controlled substance is deportable, with the sole exception of a single offense involving possession for personal use of 30 grams or less of marijuana. This means that even a first-time, misdemeanor drug possession conviction for substances other than marijuana triggers deportation. For inadmissibility purposes under INA Section 212(a)(2)(A)(i)(II), any conviction or admitted conduct relating to a controlled substance violation makes a person inadmissible, with no exception for marijuana possession — making it even broader than the deportability ground. California's progressive approach to drug offenses, including Proposition 47 reclassification of certain drug possession charges as misdemeanors and drug diversion programs under Penal Code 1000 or Proposition 36, does not automatically protect immigrants from immigration consequences. A guilty plea entered as part of a drug diversion program is still a conviction for immigration purposes under INA Section 101(a)(48)(A), even if the charge is later dismissed upon completion of the program. This is a critical trap for immigrants in Fullerton: accepting a drug diversion deal that seems favorable in criminal court can still result in deportation. For Arab immigrants in Fullerton, drug offenses including possession of controlled substances such as cocaine, methamphetamine, heroin, unprescribed opioids, and even prescription drug fraud can have permanent and irreversible immigration consequences.

•Any controlled substance conviction (except ≤30g marijuana possession) triggers deportation
•Drug trafficking is classified as an aggravated felony with mandatory deportation
•California drug diversion (PC 1000) still counts as a conviction for immigration purposes
•Admission of drug use (even without conviction) can make a person inadmissible
•Marijuana remains a controlled substance under federal law despite California legalization
•Prescription drug fraud is treated as a drug offense for immigration purposes
•No waiver available for most drug-related inadmissibility grounds

Deportability vs. Inadmissibility: Two Different Legal Frameworks

Understanding the distinction between deportability and inadmissibility is essential for immigrants facing criminal charges in Fullerton, as these two concepts operate under different legal frameworks and have different consequences. Deportability applies to non-citizens who have already been admitted to the United States — green card holders, visa holders, asylees, refugees, and others who are present in the country with authorization. The deportability grounds are found in INA Section 237 and specify the criminal offenses that can result in removal from the United States for someone who has already been admitted. Inadmissibility, on the other hand, applies to non-citizens who are seeking admission to the United States — visa applicants at consulates, travelers arriving at ports of entry, and immigrants applying for adjustment of status to permanent residence. The inadmissibility grounds are found in INA Section 212 and specify the criminal offenses that can prevent a person from entering or being admitted to the United States. The practical difference is significant. A green card holder living in Fullerton who is convicted of a crime of moral turpitude may be deportable but can continue living in the United States unless the government initiates removal proceedings. However, if that same green card holder travels abroad and attempts to reenter, they may be found inadmissible at the port of entry based on the same conviction. Similarly, a green card holder applying for naturalization who has a criminal conviction may find that the conviction creates a deportability ground that the naturalization examiner is required to refer to immigration enforcement. For immigrants with pending adjustment of status applications, criminal convictions can make them inadmissible, resulting in denial of the green card application and potential placement in removal proceedings.

•Deportability applies to non-citizens already admitted to the United States
•Inadmissibility applies to those seeking entry or adjustment of status
•Green card holders can be both deportable AND inadmissible for the same conviction
•International travel can trigger inadmissibility review at the port of entry
•Naturalization applications can expose deportability grounds to immigration enforcement
•Adjustment of status applications can be denied based on inadmissibility grounds
•Some convictions trigger deportability but not inadmissibility, and vice versa

DUI, Shoplifting, and Domestic Violence: Common Fullerton Charges

Three of the most common criminal charges affecting immigrants in Fullerton are DUI (driving under the influence), shoplifting/petty theft, and domestic violence. Each carries distinct immigration consequences that every immigrant must understand. DUI (Vehicle Code 23152) is one of the most common criminal charges in Orange County. A simple first-offense DUI is generally not considered a crime involving moral turpitude or an aggravated felony, and it does not trigger automatic deportation. However, DUI with injury (Vehicle Code 23153) can be classified as a crime of violence and potentially an aggravated felony if a sentence of one year or more is imposed. Multiple DUI convictions can establish a pattern of behavior that USCIS considers evidence of lack of good moral character, blocking naturalization. DUI convictions can also trigger inadmissibility if USCIS determines the applicant has a substance abuse disorder. Shoplifting and petty theft under California Penal Code 459.5 and 484/488 are classified as crimes involving moral turpitude because they involve intent to permanently deprive another of property. Even a misdemeanor shoplifting conviction can make an immigrant inadmissible and potentially deportable. The petty offense exception may apply if the maximum possible sentence is one year or less and the actual sentence imposed is six months or less. Domestic violence is specifically listed as a deportable offense under INA Section 237(a)(2)(E). Any conviction for a crime of domestic violence, stalking, child abuse, child neglect, or violation of a protective order triggers deportation regardless of whether the offense is classified as a felony or misdemeanor under California law.

•Simple DUI: generally not a CIMT but can block naturalization and trigger inadmissibility
•DUI with injury: potentially a crime of violence and aggravated felony
•Multiple DUIs can establish lack of good moral character for citizenship purposes
•Shoplifting/petty theft: classified as CIMT — triggers inadmissibility and potential deportation
•Domestic violence: specifically listed as a deportable offense regardless of severity
•Protective order violations: independently deportable even without a DV conviction
•California misdemeanor classification does NOT protect against immigration consequences

Post-Conviction Relief: Fixing Criminal Records for Immigration Purposes

For immigrants in Fullerton who already have criminal convictions that create immigration problems, post-conviction relief may provide a pathway to mitigating or eliminating the immigration consequences. Post-conviction relief refers to legal procedures that modify, vacate, or overturn a criminal conviction after it has been imposed. California offers several post-conviction remedies that may have immigration benefits. Vacatur under Penal Code Section 1473.7 allows a person who is no longer in criminal custody to file a motion to vacate a conviction on the ground that the conviction is legally invalid due to prejudicial error damaging the person's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea. This remedy, enacted specifically to address the Padilla v. Kentucky requirement that criminal defense attorneys advise their clients of immigration consequences, has been widely used by immigrants who accepted plea deals without understanding the deportation consequences. If the court grants the PC 1473.7 motion and vacates the conviction, the immigrant can then seek to negotiate a new plea to an immigration-safe offense or go to trial. Expungement under Penal Code Section 1203.4 (withdrawal of guilty plea and dismissal after completion of probation) is NOT effective for immigration purposes. Federal courts and immigration courts have consistently held that a California expungement does not eliminate a conviction for immigration purposes. However, reduction of a felony to a misdemeanor under Proposition 47 (PC 1170.18) may affect the immigration analysis by changing the maximum possible sentence, which can impact whether an offense qualifies as an aggravated felony.

•PC 1473.7 vacatur: most effective post-conviction remedy for immigration purposes
•Grounds: prejudicial error in understanding immigration consequences of plea deal
•California expungement (PC 1203.4) does NOT eliminate convictions for immigration purposes
•Proposition 47 reduction can change the immigration classification of some offenses
•Vacated convictions must be based on legal deficiency, not rehabilitation
•Post-conviction relief should be pursued before applying for citizenship or traveling abroad
•Consult both a criminal defense attorney and an immigration attorney for coordinated strategy

The Criminal-Immigration Overlap: Why You Need Specialized Help

The intersection of criminal law and immigration law — often called 'crimmigration' — is one of the most complex and high-stakes areas of legal practice. A decision made in criminal court can permanently alter an immigrant's life, their family's future, and their ability to remain in the United States. The Supreme Court recognized this reality in Padilla v. Kentucky (2010), holding that criminal defense attorneys have a constitutional obligation under the Sixth Amendment to advise their clients about the immigration consequences of guilty pleas. Despite this requirement, many criminal defense attorneys in Fullerton and Orange County lack the specialized knowledge needed to accurately identify immigration-safe plea dispositions. An immigration-safe plea is a criminal disposition that resolves the criminal case while avoiding or minimizing immigration consequences. For example, in a shoplifting case, pleading to trespassing (which is not a CIMT) rather than petty theft (which is a CIMT) can mean the difference between keeping your green card and facing deportation. In a drug possession case, completing a deferred entry of judgment program under PC 1000 may seem favorable in criminal court but still constitutes a conviction for immigration purposes — whereas a dismissal under a different legal mechanism might avoid immigration consequences entirely. SoCal Immigration Services works directly with criminal defense attorneys representing immigrants in Fullerton to analyze proposed plea deals, identify immigration-safe alternatives, and ensure that every criminal disposition is evaluated through both criminal and immigration lenses before the client accepts any deal.

•Padilla v. Kentucky (2010) requires criminal attorneys to advise on immigration consequences
•Immigration-safe pleas can resolve criminal cases without triggering deportation
•Trespassing plea instead of petty theft can avoid CIMT classification
•Drug diversion programs may still count as convictions for immigration purposes
•Sentence length matters: keeping sentences under 1 year can avoid aggravated felony classification
•Divisible statute analysis determines whether specific conduct triggers immigration consequences
•Coordinated criminal-immigration strategy is essential for any immigrant facing charges

Protecting Your Status: Immediate Steps for Fullerton Immigrants Facing Charges

If you are an immigrant in Fullerton who has been arrested, charged, or is under investigation for a criminal offense, taking the right steps immediately can make the difference between keeping your status and facing deportation. The first and most critical step is to not plead guilty to anything without first consulting an immigration attorney. Even if the criminal defense attorney recommends a plea deal that seems favorable — probation, community service, a fine — you must understand the immigration implications before accepting. Many immigrants have accepted seemingly minor plea deals only to discover months or years later that they triggered deportation, barred their citizenship, or made them inadmissible. The second step is to gather and preserve all documentation related to your immigration status, including your green card, visa, I-94, work authorization, and any USCIS receipts or approval notices. If you are detained by local law enforcement, do not sign any immigration documents or make statements about your immigration status without consulting an attorney. Under California's sanctuary state laws (SB 54, the California Values Act), local law enforcement is generally prohibited from cooperating with federal immigration enforcement, but this protection is not absolute. The third step is to contact SoCal Immigration Services immediately at (714) 421-8872 for a criminal-immigration assessment. We will review your specific charges, your immigration status, and your goals to develop a coordinated strategy that protects both your freedom and your immigration status. Time is critical — the earlier we are involved, the more options are available.

•Never plead guilty without first consulting an immigration attorney
•Gather and preserve all immigration documentation (green card, visa, I-94, receipts)
•Do not sign immigration documents or make statements about your status while detained
•California sanctuary laws (SB 54) limit local law enforcement cooperation with ICE
•Request a criminal-immigration assessment before any court appearance
•Inform your criminal defense attorney that you are not a U.S. citizen
•Call SoCal Immigration Services at (714) 421-8872 immediately after any arrest or charge

FAQFrequently Asked Questions

Q:Will a DUI conviction affect my green card or citizenship application?

A: A single simple DUI generally does not make you deportable or inadmissible, but it can affect your citizenship application by raising good moral character concerns. Multiple DUIs or DUI with aggravating factors (injury, high BAC, child in vehicle) create more serious immigration consequences. DUI with injury can be classified as an aggravated felony if sentenced to one year or more.

Q:Can shoplifting lead to deportation?

A: Yes. Shoplifting and petty theft are classified as crimes involving moral turpitude (CIMT). A CIMT conviction within 5 years of admission makes you deportable. Two CIMT convictions at any time make you deportable. The petty offense exception may apply if the maximum sentence is 1 year or less and the actual sentence is 6 months or less, but this exception has limitations.

Q:What is an immigration-safe plea deal?

A: An immigration-safe plea is a criminal disposition that resolves your case while avoiding or minimizing immigration consequences. Examples include pleading to trespassing instead of theft (avoiding CIMT), keeping sentences under 1 year (avoiding aggravated felony), or negotiating dispositions that avoid the specific elements that trigger deportability or inadmissibility.

Q:Does a California expungement remove my conviction for immigration purposes?

A: No. A California expungement under Penal Code 1203.4 does NOT eliminate a conviction for immigration purposes. Federal and immigration courts consistently hold that California expungements do not affect the immigration consequences of a conviction. However, a vacatur under PC 1473.7 based on failure to advise of immigration consequences can be effective.

Q:Can a domestic violence charge affect my immigration status even if it is a misdemeanor?

A: Yes. Domestic violence is specifically listed as a deportable offense under INA Section 237(a)(2)(E), regardless of whether it is classified as a felony or misdemeanor under California law. A conviction for domestic violence, stalking, child abuse, or violation of a protective order triggers deportation for any non-citizen.

Q:I was arrested but not convicted. Can an arrest alone affect my immigration status?

A: An arrest without conviction generally does not trigger deportation or inadmissibility by itself. However, arrests are recorded in immigration databases and can be considered by USCIS in naturalization applications (good moral character), visa renewals, and at ports of entry. Additionally, if the arrest leads to removal proceedings, the government can present the underlying conduct as evidence even without a conviction.

Disclaimer: This article provides general information about immigration services in Fullerton and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 20, 2026Last Updated: February 20, 2026

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