info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville, IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

For noncitizens in Chicago and throughout Illinois, an arrest or criminal charge can raise questions that extend far beyond the criminal case itself. A plea agreement, reduced charge, or other resolution that appears favorable in criminal court may still have significant immigration consequences.

This is because criminal and immigration laws evaluate offenses differently. Before a noncitizen accepts a plea or other disposition, an immigration opinion letter can help identify potential consequences and give the criminal defense attorney information to consider when negotiating the case.

Criminal Charges Can Create Immigration Concerns

Not every criminal charge affects immigration status the same way. The outcome can depend on the specific offense, the statutory language, the person’s immigration status and history, and how the criminal case is ultimately resolved.

Potential consequences may include issues involving:

  • Admissibility to the United States.
  • Eligibility for adjustment of status or other immigration benefits.
  • Deportability.
  • Naturalization and good moral character.
  • Future visa applications or travel.
  • Eligibility for certain forms of immigration relief.

Even terminology can be misleading. What state criminal law considers a minor offense may still raise questions under federal immigration law. Likewise, a case that does not result in a traditional conviction may still require careful immigration analysis.

Criminal Charge Affect Your Immigration

What Is an Immigration Opinion Letter?

An immigration opinion letter provides a legal analysis of how a pending criminal charge or proposed case resolution could affect a noncitizen’s immigration status.

The individual’s criminal defense attorney may request the letter while the criminal matter is pending. Immigration counsel can review the applicable criminal statute, the charges, the person’s immigration circumstances, and potential plea options to identify immigration consequences to consider before the case is resolved.

Depending on the circumstances, the analysis may address whether a proposed disposition could create grounds of inadmissibility or deportability, affect eligibility for an immigration benefit, or create other immigration risks.

The goal is not to direct how the criminal case should be handled. Instead, the opinion gives the defendant and criminal defense counsel immigration-specific information that can be considered alongside the criminal consequences of different options.

Why Timing Matters

Ideally, evaluate immigration consequences before entering a plea agreement or other final resolution.

Once a criminal case has concluded, the available options may be much more limited. A noncitizen may discover later that a plea affected an adjustment application, visa, green card, naturalization case, or ability to remain in the United States.

Obtaining an immigration analysis while the criminal case is still pending may allow defense counsel to understand those risks during negotiations.

This can be especially important because seemingly small differences in the offense of conviction, statutory subsection, sentence, or plea wording can have significant consequences under immigration law.

Criminal Defense and Immigration Counsel May Need to Work Together

Criminal defense attorneys understand how to defend and negotiate criminal cases, but immigration consequences require a separate analysis under federal law.

Coordination between criminal defense counsel and an immigration attorney can help ensure that immigration concerns are identified before decisions become final. Immigration counsel may review charging documents, proposed plea language, criminal statutes, and the client’s immigration history before providing an opinion.

The analysis must be individualized. Two people facing the same criminal charge may have different immigration concerns because their status, history, and long-term immigration goals are different.

Speak With a Chicago Immigration Attorney About Criminal and Immigration Issues

If you are a noncitizen facing criminal charges, understanding the potential immigration consequences before resolving your case can be critical.

At Kasturi Law, immigration attorney Shobhana Kasturi assists individuals in Chicago and throughout Illinois with complex immigration matters, including evaluating how criminal charges and proposed case resolutions may affect immigration status.

Consultations are available in person, by phone, or via Zoom in 30-minute or 60-minute timeframes. Contact Kasturi Law today to discuss whether an immigration opinion letter may be appropriate for your situation.