For immigrants living in Virginia, even a single criminal charge can carry consequences that reach far beyond the courtroom. A conviction doesn’t just affect your freedom or record; it can directly threaten your immigration status, your ability to remain in the U.S., or your chance to become a permanent resident or citizen.

Under U.S. immigration law, certain criminal convictions can lead to deportation, inadmissibility, or the denial of immigration benefits. Understanding these consequences is critical before making decisions like entering a plea or accepting a conviction.

This article explains how criminal convictions affect immigration status in Virginia, what types of crimes trigger immigration problems, and how post-conviction relief can sometimes protect your status.

What Does It Mean to Be “Convicted” for Immigration Purposes?

In immigration law, the definition of a “conviction” is broader than most people realize. According to the Immigration and Nationality Act (INA §101(a)(48)(A)), a person is considered convicted if:

• A court has found them guilty, or they have entered a guilty or no-contest plea, and
• The court has imposed some form of punishment, penalty, or restraint on liberty.

Even if a conviction is later expunged under state law, it may still count as a conviction for immigration purposes. Deferred adjudications, suspended sentences, and certain plea agreements can still trigger immigration consequences.

In Virginia, where many cases end in plea deals, immigrants must be particularly cautious. Virginia law requires judges to inform non-citizen defendants that a guilty plea may affect their immigration status, including possible deportation. However, this warning alone does not prevent those consequences from occurring.

Inadmissibility vs. Deportability: Two Key Immigration Risks

When it comes to immigration consequences, two main legal concepts determine your risk:

1. Inadmissibility

You are “inadmissible” if you are not legally allowed to enter or remain in the U.S. For instance, if you apply for a green card, visa, or adjustment of status, a conviction involving moral turpitude or controlled substances may make you ineligible.

2. Deportability

You are “deportable” if you are already lawfully in the U.S. (as a green card holder or other status) but have committed a crime that makes you removable. Crimes like aggravated felonies, domestic violence, and drug trafficking can trigger removal proceedings, even for permanent residents who have lived in the U.S. for decades.

Example: A lawful permanent resident convicted of a felony drug offense in Virginia could be placed in removal proceedings, even if the conviction did not result in a long prison sentence.

These distinctions are complex, and every case depends on the type of conviction, sentence, and immigration status at the time of conviction.

Common Convictions That Can Trigger Immigration Problems

Not all crimes carry the same immigration impact. The following types of convictions are especially serious under U.S. immigration law:

• Crimes Involving Moral Turpitude (CIMT): These include fraud, theft, or crimes that show dishonesty or intent to harm others.
• Aggravated Felonies: A broad category that includes serious crimes like murder, drug trafficking, or certain theft offenses with long sentences.
• Drug-Related Offenses: Even minor possession charges can cause deportation issues, especially if they involve controlled substances.
• Domestic Violence or Assault: Certain violent or domestic-related convictions can trigger deportation under federal law.
• Firearms Offenses: Crimes involving illegal possession or use of a firearm can make an immigrant deportable.

It’s important to remember that even misdemeanors in Virginia can have severe immigration consequences if they fall into one of these categories.

How a Conviction Affects Your Immigration Status in Virginia

Virginia’s legal system interacts closely with federal immigration enforcement. Once a person is convicted, state authorities may share conviction information with immigration agencies such as Immigration and Customs Enforcement (ICE).

Here’s how different groups may be affected:

• Lawful Permanent Residents (Green Card Holders): A conviction for an aggravated felony or certain misdemeanors can lead to loss of status and removal from the U.S. It may also affect eligibility for naturalization.
• Visa Holders or Applicants: A pending or past conviction can result in visa revocation or denial of future immigration benefits.
• Asylum Seekers or DACA Recipients: Certain convictions can make applicants ineligible for relief or renewal.
• Undocumented Immigrants: Any criminal conviction increases the risk of detection by ICE and deportation proceedings.

Virginia courts are required to notify defendants about the immigration impact of a conviction, but the legal responsibility to understand and mitigate these consequences falls on the individual and their attorney.

Post-Conviction Relief: A Legal Option to Protect Your Status

For immigrants already facing the consequences of a conviction, post-conviction relief can offer a path forward. In Virginia, post-conviction relief is extremely limited in both deadlines (statutes of limitation) and opportunities.  Possibilities include state habeas challenges to a conviction or sentence, motion to modify a sentence, fixing sentencing orders for clerical errors, or attacking a conviction for fraud if law enforcement has not provided required discovery.

Common Post-Conviction Relief Options in Virginia:

• State habeas petition: If a plea was entered without understanding the immigration impact, the court can be asked to vacate it.
• Motion to Modify or Reduce Sentence: Reducing a sentence length can sometimes prevent a conviction from being classified as a deportable offense.
• Expungement (Limited Use): While expungement doesn’t erase immigration consequences, it can still improve employment and background check outcomes.

Working with an attorney who understands both Virginia criminal procedure and immigration law is crucial. Not all post-conviction remedies automatically erase immigration issues, so the approach must be strategic and carefully executed.

Recent Federal Immigration Policy Changes and Their Impact on Convicted Non-Citizens

In recent months, changes in federal immigration enforcement priorities under the Trump administration have renewed concern among non-citizens with criminal convictions. The administration has proposed stricter visa screening, broader definitions of “criminal conduct” that may trigger inadmissibility, and an expanded list of deportable offenses. These developments signal a tougher approach toward immigrants with prior or pending criminal cases, even for offenses that were previously treated as minor or low-level.

For individuals in Virginia, these federal shifts may intensify the immigration consequences of a conviction. Crimes that once carried limited immigration risks, such as certain misdemeanors or suspended sentences, could now attract heightened scrutiny during immigration proceedings or future visa renewals.

This underscores the importance of seeking post-conviction relief to modify, vacate, or reopen cases that could jeopardize immigration status. At Virginia Post-Conviction, we closely monitor federal policy updates and court interpretations to ensure our clients receive defense strategies that reflect the most current immigration landscape. Whether through motions to vacate, sentence reductions, or other remedies, timely legal action can often make the difference between remaining in the U.S. and facing deportation.

Practical Steps for Immigrants Facing Criminal Charges in Virginia

If you are an immigrant charged with a crime in Virginia, here are some practical steps you should take immediately:

1. Consult an Attorney Experienced in Both Criminal and Immigration Law.
    Not all defense lawyers are aware of the immigration consequences of criminal convictions.
2. Do Not Plead Guilty Without Immigration Advice.
    A guilty plea that seems minor under Virginia law could lead to removal proceedings.
3. Collect and Keep All Court Documents.
    Accurate case records are essential if you later need to file for post-conviction relief.
4. Understand the Deadlines.
    Some PCR petitions must be filed within a specific time after conviction—delays can close important legal options.
5. Act Quickly.
    The earlier you seek advice, the more legal remedies remain available.

Conclusion

A criminal conviction in Virginia can have devastating effects on your immigration status, potentially resulting in deportation, denial of future benefits, or loss of permanent residency. However, with proper legal guidance and timely post-conviction action, it may be possible to protect your rights and preserve your path to remain in the United States.

If you or someone you know is facing immigration consequences because of a criminal conviction, contact Virginia Post-Conviction to speak with an experienced attorney, Jon Sheldon, who understands how to navigate these complex, high-stakes situations.

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