Español
Being charged with a crime is serious for anyone. For a non-citizen, the stakes are higher, because the same charge that ends in probation for a U.S. citizen can end in deportation for you. A single conviction can trigger removal proceedings, put your green card at risk, or permanently bar you from citizenship. In some cases, even a minor offense carries these consequences.
This overlap between criminal law and immigration law is what attorneys call crimmigration, and it is one of the most technical areas of practice, because immigration law defines and punishes crimes on its own terms. A charge that looks small in criminal court can be treated as severe by immigration authorities.
Individuals across Jacksonville and Northeast Florida come to Weldon Law Group, PLLC when a criminal charge threatens their status. Attorney Ian Weldon brings both sides of this equation to your case: more than 15 years in immigration law and over a decade as a trial attorney at the Jacksonville Public Defender’s Office. That combination means your criminal defense and your immigration future are handled together, not in isolation.
If you are not a U.S. citizen and you are facing criminal charges, contact us now for a free consultation.
Immigration law treats a criminal record very differently from the criminal justice system. The consequences fall into two main categories, and a single charge can implicate both. A conviction can make you deportable, meaning the government can remove you even if you are a lawful permanent resident, and it can make you inadmissible, meaning you can be barred from re-entering the country, adjusting status, or obtaining a benefit you would otherwise qualify for.
Beyond removal, a criminal record can also disqualify you from relief such as asylum or cancellation of removal, and it can count against the good moral character required for citizenship. It is not only convictions that matter, either. In some situations, an arrest, a pending charge, or even an admission of conduct can carry immigration weight.
Immigration law singles out certain categories of offenses for the harshest treatment. The most serious include:
Because immigration law classifies these offenses on its own terms, you need a lawyer who can see how a specific charge will be treated before any decision is made in criminal court.
You do not always need a conviction to face immigration consequences. Recent legislation, including the Laken Riley Act, has expanded mandatory immigration detention for certain non-citizens, particularly those who are undocumented, who are simply arrested for or charged with offenses such as theft, burglary, shoplifting, assault on a law enforcement officer, or crimes causing serious injury.
In practice, this means an arrest can lead to an ICE detainer, transfer into immigration custody, and the start of removal proceedings, sometimes even if the criminal charges are later dropped. For a non-citizen, contact with law enforcement of any kind is now a moment to take seriously and to involve counsel immediately.
If you are not a U.S. citizen, the single most important rule is this: never plead guilty to anything without advice from a lawyer who understands immigration law. A plea that a general criminal defense attorney would consider a good outcome, such as a quick plea to a lesser charge, can quietly qualify as an aggravated felony or a crime involving moral turpitude and set your deportation in motion.
This is not a matter of opinion. In Padilla v. Kentucky, the U.S. Supreme Court held that defense attorneys have a constitutional duty to advise non-citizen clients about the deportation consequences of a guilty plea. Yet many pleas are still entered every day without that analysis. At Weldon Law Group, PLLC, we assess how each charge and each possible plea would affect your status before you ever stand in front of a judge.
Every case is different, but our goal is always the same: to protect your record and your status at the same time. We look at every charge through both a criminal and an immigration lens, and the strategy depends on where your case stands.
When we are involved early, our focus is on preventing a conviction that would harm your status in the first place. Depending on the facts, we may:
A past conviction does not always mean your case is lost. In the right circumstances, we may be able to pursue post-conviction relief, such as vacating a conviction or withdrawing a plea that was entered without proper advice about its immigration consequences. Where removal proceedings have already begun, we coordinate that effort directly with your removal defense, so both cases work toward the same outcome.
Contact us for more information about our services.
Weldon Law Group, PLLC has built its reputation helping people through life-altering legal challenges. As a bilingual trial attorney, Ian Weldon spent more than a decade at the Jacksonville Public Defender’s Office, where he handled high-profile homicide and death penalty cases, and he brings that courtroom experience to every crimmigration case we take.
We know the stakes are personal. Whether you are a green card holder, an asylum seeker, a DACA recipient, or undocumented, a criminal charge threatens the future you have worked to build here. We are ready to help you defend it.
Most firms handle either criminal defense or immigration. Crimmigration cases demand both, at the same time, from the same team:
We represent non-citizens throughout Jacksonville, Duval County, and the surrounding communities of Northeast Florida. Se habla Español.
Question | Answer |
Can I be deported for a misdemeanor or a “minor” crime? | Yes. Immigration law does not measure a crime the way criminal court does. Some offenses classified as misdemeanors in state court, including certain theft, drug, or fraud charges, can be treated as crimes involving moral turpitude or even aggravated felonies for immigration purposes and lead to removal. Never assume a charge is too small to matter. |
I already pled guilty or was convicted. Is it too late to protect my status? | Not necessarily. Depending on the circumstances, post-conviction relief may be available, such as vacating the conviction or withdrawing a plea that was entered without proper advice about its immigration consequences. The sooner we review your case, the more options you are likely to have. |
Will a criminal charge affect my green card renewal or citizenship application? | It can. Criminal history is reviewed when you renew a green card, apply to adjust status, or seek naturalization, where it weighs against the required good moral character. Some issues can be explained or overcome with the right approach, but they should be assessed before you file, not discovered by an officer. |
Do I have to tell my criminal defense lawyer that I am not a U.S. citizen? | Absolutely, and as early as possible. Your citizenship status changes what counts as a good outcome in your criminal case. A lawyer who does not know you are a non-citizen cannot protect you from a plea that triggers deportation, which is exactly the risk the Supreme Court warned about in Padilla v. Kentucky. |
Do I need both a criminal defense lawyer and an immigration lawyer? | You need someone who understands both. When criminal defense and immigration are handled separately, important consequences can be missed in the space between the two. Our firm handles both sides together, so your criminal strategy is built around protecting your immigration future from the start. |
"*" indicates required fields
