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Criminal Immigration Attorney

MARK A. PEREZ, ATTORNEY AT LAW

Don’t Let Criminal Charges Jeopardize Your Immigration Status

Criminal charges can put your immigration status in jeopardy. In addition to detention, deportation, and refusal of reentry, you may face jail time in the United States or your country of origin if convicted. Working with an experienced criminal immigration attorney is critical to protecting your rights and your future in the United States.

Beyond the immediate penalties imposed by criminal courts, non-citizens must also contend with immigration-specific consequences that can be far more permanent. Certain offenses are classified under federal immigration law as deportable or inadmissible crimes, meaning a conviction may trigger removal proceedings even years after the case concludes and even if you didn’t have to serve any jail time. 

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These include aggravated felonies, crimes involving moral turpitude, controlled substance violations, and offenses involving domestic violence.

This is why working with a criminal immigration attorney who understands how criminal law intersects with immigration statutes is critical. A criminal immigration lawyer can evaluate how charges, plea negotiations, and sentencing decisions affect visas, lawful permanent resident status, and eligibility for relief. Without this dual analysis, non-citizens risk consequences such as mandatory detention, permanent bars from reentry, or the loss of paths to citizenship that might otherwise have remained available.

I am Mark A. Perez. At my law firm, I help clients throughout Texas who face criminal charges or immigration law problems. When these areas intersect, I refer to them as crimmigration, I know how to stand up for you and protect your rights.

PROTECTING YOUR FUTURE AND YOUR LIBERTY

If you're facing criminal charges, don't gamble with your future. Call me today.

What Happens When a Non-Citizen Is Arrested?

When a non-citizen is arrested, the process often moves quickly with little notice or explanation. Local law enforcement agencies may share biometric data with federal authorities, which can result in Immigration and Customs Enforcement (ICE) becoming involved even before criminal charges are resolved. This can lead to immigration detainers, holds, or transfers into federal custody, sometimes without the individual understanding why they are no longer under state jurisdiction.

Certain arrests alone can trigger immigration scrutiny, and convictions can eliminate eligibility for bond or discretionary relief.

Criminal Immigration Attorney - Immigration Consequences of Criminal Arrests in the United States - Mark A Perez Law

Whether you have permanent residency in the U.S., lack lawful status, or hold a temporary visa, there is generally a series of steps you may face if charged with a crime:

  • Investigation by law enforcement
  • Arrest and booking
  • Criminal court proceedings (arraignment, bail hearing, pretrial hearings, trial, or plea)
  • Possible detention in local or federal custody
  • Fingerprint and biometric data shared with federal immigration authorities
  • Possible ICE detainer or hold request
  •  Transfer to ICE custody (in some cases)
  • Immigration court proceedings before an immigration judge
  • Court decision regarding removal or eligibility for relief

The criminal case and the immigration case are handled in separate court systems but may happen at the same time.

Removal proceedings can also begin before a conviction, but whether someone can actually be removed will depend on the legal grounds ICE alleges. Many removal grounds require a conviction. Others may be based on prior convictions, immigration violations, fraud, or lack of lawful status.

For lawful permanent residents specifically, an arrest alone does not make them removable but ICE can still detain them and start proceedings. A later conviction may determine whether removal is legally justified.

Once immigration proceedings begin, the stakes escalate significantly. Immigration court operates under a separate legal system with different standards of proof, limited constitutional protections, and strict deadlines. Unlike criminal court, there is no guaranteed right to government-appointed counsel, making representation by a criminal immigration attorney essential. Missed deadlines, incorrect filings, or unchallenged allegations can result in automatic removal orders.

Convictions may also eliminate eligibility for cancellation of removal, asylum, adjustment of status, or waivers that would otherwise allow a person to remain in the United States. Even dismissed charges can appear on immigration records and require legal action to mitigate their impact. For individuals with family ties, employment-based visas, or pending applications, a single mistake can undo years of lawful presence.

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Comprehensive Defense Services Against Criminal Charges

Criminal charges can have severe implications for your immigration status, making it essential to work with an attorney who understands both criminal and immigration law. As a criminal immigration lawyer, I defend clients against a wide range of criminal allegations by developing personalized, immigration-informed strategies tailored to each case. I am prepared to protect your rights and your future against charges such as:

Drug offenses: These charges involve the possession, distribution, or manufacture of illegal substances. A conviction can mean years in prison and jeopardize your immigration status.

DUI/DWI: Driving under the influence of alcohol or drugs can result in fines, license suspension, or jail time, and can also affect your ability to remain in the U.S.

Theft and burglary: Charges involving theft or unlawful entry with intent to commit a crime can vary in severity and impact both legal standing and immigration status.

Assault and battery: These charges involve causing or threatening physical harm to another person and carry serious legal consequences.

Sex crimes: Offenses such as sexual assault or possession of child pornography carry severe legal and social penalties with significant implications for non-citizens.

Violent crimes: Charges like armed robbery or homicide often result in lengthy prison sentences and are critical factors in deportation proceedings.

White collar crimes: Nonviolent financial crimes, including fraud and embezzlement, can still lead to severe legal penalties and affect immigration status.

Defending non-citizens requires more than reacting to charges; it demands a strategy informed by immigration consequences at every stage. This includes negotiating charges to avoid deportable classifications, seeking alternative dispositions, and preserving eligibility for relief where possible. In some cases, post-conviction remedies may be available to reduce or eliminate immigration penalties tied to prior cases.

As a criminal immigration lawyer, my role is to assess how each decision in criminal court runs through immigration law. This integrated approach allows clients to make informed choices rather than facing irreversible consequences after the fact. The objective is not only to resolve the criminal matter, but to protect the ability to remain in the United States and pursue lawful status when eligible.

Can a Felon Get Citizenship Through Marriage?

Marriage to a U.S. citizen does not automatically erase a criminal conviction or guarantee citizenship. Eligibility depends on the type of offense, the sentence imposed, and how immigration law classifies the crime. Some convictions can create serious barriers or even permanent bars to lawful status.

Because every case is different, speaking with a criminal immigration attorney is essential to understand your options and protect your future.

Talk to A Criminal Immigration Lawyer Today

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