Criminal Immigration

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An Experienced Criminal Immigration Lawyer in El Paso

For a non-citizen living in the United States, a criminal charge is never just a criminal matter. An arrest, a guilty plea, or a conviction can turn your world upside down. Even for an offense that seems minor, charges can trigger deportation, bar you from obtaining a green card, strip you of permanent residence, or prevent you from ever becoming a U.S. citizen.

The intersection of criminal law and immigration law is one of the most complex and consequential areas in all of legal practice. The stakes are not a fine or a short jail sentence. The stakes are your home, your family, and your future in this country. That’s why you need to work with the experts at The Pablos Law Firm, P.C. Call our criminal immigration lawyers today at (915) 543-9100.

Why Criminal Immigration Law Is Different

Most people, including many criminal defense attorneys, do not fully understand how deeply U.S. immigration law is affected by criminal history. The immigration consequences of a conviction are often more severe and more permanent than the criminal sentence itself.

Consider: a lawful permanent resident of twenty years who pleads guilty to a single drug offense (even a misdemeanor) may find themselves in removal proceedings, detained by immigration authorities, and deported to a country they have not lived in since childhood. Worse yet, a non-citizen who accepts a plea deal without understanding its immigration consequences may have waived rights they can never recover.

The U.S. Supreme Court recognized this reality in Padilla v. Kentucky (2010), holding that criminal defense attorneys have a constitutional obligation to advise non-citizen clients of the immigration consequences of a guilty plea. Despite this, immigration consequences are still routinely overlooked in criminal proceedings with devastating results.

Deportability vs. Inadmissibility

A single criminal conviction can trigger both deportability and inadmissibility simultaneously, making a person both removable from the United States and ineligible for the relief that could otherwise save them. These two concepts are often confused but are legally distinct.

Deportability

Deportability refers to grounds that make a non-citizen already present in the United States subject to removal. Deportability grounds apply to lawful permanent residents and other non-citizens who have been admitted to the country.

Inadmissibility

Inadmissibility refers to grounds that prevent a non-citizen from being admitted to the United States or from obtaining an immigration benefit such as a green card or visa. Inadmissibility grounds apply when a non-citizen is seeking entry or applying for a change of status.

Why Choose The Pablos Law Firm, P.C.

Criminal immigration law sits at the intersection of two complex legal systems. Both of which we know well. Our team understands how immigration law evaluates criminal history and we work to protect our clients’ immigration interests at every stage of the criminal process.

When a criminal conviction triggers removal proceedings, we provide experienced, aggressive representation before the immigration court. Our criminal immigration lawyers evaluate every available form of relief and pursue the strongest possible defense. When you choose our law firm, you’re getting:

  • Over 20 years of experience
  • Locally owned & operated business
  • Clear and continuous communication in both English and Spanish
  • Professionals recognized by several legal associations
    ○ American Immigration Lawyers’ Association (AILA)
    ○ American Bar Association (ABA)
    ○ Texas Bar Association
    ○ El Paso Bar Association (EPBA)

Frequently Asked Questions

I was arrested but never convicted. Does that affect my immigration status?

An arrest without a conviction generally does not trigger the same consequences as a conviction, but it is not irrelevant. Arrests can appear in background checks, affect good moral character determinations for naturalization, and raise questions at consular interviews and ports of entry. We advise clients on how to address prior arrests in their immigration proceedings.

Depending on the circumstances of your plea, including whether your attorney advised you of the immigration consequences, you may have grounds to seek post-conviction relief, including vacatur of the conviction. We evaluate these situations carefully.

It depends on the jurisdiction, the specific offense, and the circumstances. A single DUI without aggravating factors is not always a removable or inadmissible offense, but multiple DUIs or a DUI involving aggravating circumstances can affect good moral character, trigger inadmissibility, or raise issues in removal proceedings. We analyze each situation individually.

Yes. Lawful permanent residence does not provide immunity from deportation. A green card holder convicted of an aggravated felony, a crime involving moral turpitude (CIMT), a drug offense, a firearms offense, or a domestic violence offense may be placed in removal proceedings regardless of how long they have lived in the United States or how strong their family and community ties are.

In most cases, no. Federal immigration law does not recognize state expungements for purposes of determining whether a conviction exists. An expunged conviction can still be used against you in immigration proceedings. We advise clients clearly on this point, as it is one of the most common misconceptions in criminal immigration law.

It depends entirely on the nature of the offense and your specific circumstances. Some convictions are absolute bars. Others can be waived. Some do not affect eligibility at all. The only way to know is to have your record evaluated by an attorney at our firm who understands both criminal and immigration law. We do that analysis as the first step in every consultation.

Do not speak with immigration officers about your criminal history without first consulting us. Anything you say can be used against you in removal proceedings. Contact us immediately.

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Do Not Wait Until It Is Too Late

Criminal immigration consequences can move fast. If you or someone you love is facing criminal charges, has a prior conviction, or has been contacted by immigration authorities, the time to act is now. Call (915) 543-9100 or reach out to The Pablos Law Firm, P.C. online to speak with a criminal immigration lawyer immediately.

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