How Criminal Charges Can Impact Your Immigration Status In Wisconsin
Can a Criminal Charge Lead to Deportation?
If you are an immigrant living in Wisconsin, including Janesville and surrounding areas, being charged with a crime can have severe consequences on your immigration status. Whether you are a green card holder (lawful permanent resident), visa holder, DACA recipient, or undocumented immigrant, certain criminal convictions can lead to deportation, visa denial, or ineligibility for citizenship.
This guide explains which crimes affect immigration status, what to do if you are arrested, and how to protect your legal rights.
Which Criminal Offenses Can Lead to Deportation?
Under U.S. immigration law (8 U.S.C. § 1227), certain criminal convictions make an immigrant removable (deportable). Crimes that can trigger deportation include:
1. Crimes Involving Moral Turpitude (CIMT)
Crimes that involve fraud, theft, or intent to harm others.
Examples: Burglary, theft, domestic violence, aggravated assault, fraud.
A single CIMT may cause deportation if committed within 5 years of entry.
2. Aggravated Felonies
Includes murder, rape, drug trafficking, firearm offenses, and some fraud cases.
Conviction results in mandatory deportation with no chance for relief.
3. Drug Offenses
Even minor drug charges (except for a single possession of marijuana under 30g) can lead to deportation.
Examples: Possession, distribution, trafficking, and prescription fraud.
4. Domestic Violence and Child Abuse
Convictions for domestic abuse, stalking, or violating a protection order can lead to deportation.
Example: Being charged with domestic battery after a family dispute.
5. Firearm Offenses
Possession or use of a firearm without legal authorization can result in deportation.
Example: Conviction for carrying a firearm without a permit.
6. Crimes Related to Immigration Fraud
Lying on immigration applications, using fake documents, or smuggling others into the U.S.
Can result in removal and permanent ineligibility for immigration benefits.
How a Criminal Record Affects Green Card Holders
If you are a lawful permanent resident (LPR), certain convictions can lead to loss of your green card and deportation.
A single serious felony conviction can result in immediate removal.
Multiple misdemeanor convictions can also put your residency at risk.
Traveling outside the U.S. after a conviction may trigger a problem upon reentry.
If you are a green card holder arrested in Wisconsin, speak to an immigration lawyer immediately to protect your status.
What If You Are Undocumented?
For undocumented immigrants, any criminal charge—even a misdemeanor—can put you at risk of being detained by Immigration and Customs Enforcement (ICE).
If arrested, ICE may place a detainer on you.
Convictions for DUI, drug offenses, or domestic violence can fast-track deportation.
Being in removal proceedings limits legal options for avoiding deportation.
What Is an ICE Detainer?
An ICE detainer (or immigration hold) is a request from U.S. Immigration and Customs Enforcement to local law enforcement to keep a non-citizen in custody beyond their scheduled release. This allows ICE time to take custody of the individual for potential removal proceedings. A detainer does not mean automatic deportation, but it increases the likelihood of ICE involvement in your case.
It is important to know that even without a conviction, being arrested increases the risk of detection and detention by ICE.
What Happens If You Are Arrested?
If you are an immigrant arrested in Wisconsin, whether you’re in Milwaukee, Madison, Janesville, Beloit, Delavan, Lake Geneva, or elsewhere, you may want to follow these steps:
Do not admit guilt or answer questions without an attorney.
Do not sign any documents related to your immigration status.
Ask for both a criminal defense lawyer and an immigration lawyer.
Avoid discussing your case on social media or over the phone.
Find out if ICE has placed a detainer on you.
Request a bond hearing if ICE detains you.
The outcome of your criminal case can determine your immigration future. Seek legal help immediately.
Can You Still Apply for Citizenship with a Criminal Record?
If you have a criminal record, applying for U.S. citizenship may be complicated. USCIS (United States Citizenship and Immigration Services) will evaluate:
Type of offense (violent crimes, drug offenses, and fraud often result in denials).
Number of convictions (multiple offenses signal a lack of “good moral character”).
Time since the offense (minor offenses may not disqualify you if committed many years ago).
Before applying for naturalization, consult an immigration attorney to ensure you qualify.
Can Criminal Charges Be Expunged for Immigration Purposes?
In Wisconsin, expunging a criminal conviction does NOT erase it for immigration purposes.
USCIS and ICE still consider expunged convictions when evaluating cases.
However, if a conviction is vacated (overturned) for legal reasons, it may not count against you.
An immigration attorney can review whether post-conviction relief is an option.
How an Immigration Lawyer Can Help If You Have a Criminal Charge
If you are facing criminal charges and are not a U.S. citizen, you need a lawyer who understands both criminal defense and immigration law.
A qualified immigration attorney can:
Argue to get charges reduced or dismissed to avoid deportation risks.
Help you apply for relief options if eligible.
Prevent you from signing documents that hurt your immigration case.
Defend you in deportation proceedings if ICE takes action.
If you have been arrested in Janesville, Beloit, or elsewhere in Wisconsin, getting the right legal help immediately is crucial to protect your future in the U.S.
What You Need to Know Moving Forward
A criminal charge does not always mean automatic deportation, but it significantly increases the risk. Understanding Wisconsin’s legal system, working with an attorney, and knowing your rights can help reduce the immigration consequences of an arrest.
If you or a loved one is facing criminal charges in Wisconsin and has concerns about deportation, green card renewal, or visa eligibility, Gerard Law Firm can help. Contact us today for a consultation.
Sources & Legal References
8 U.S.C. § 1227 – Grounds for Removal
Immigration and Nationality Act (INA) § 212 – Inadmissibility Grounds
Wisconsin Statute § 973.015 – Criminal Record Expungement Laws
USCIS Policy Manual – Criminal Bars to Naturalization
U.S. Department of Justice – Immigration Court and Removal Proceedings
This article is for informational purposes only and does not constitute legal advice. Reading this content does not establish an attorney-client relationship with Gerard Law Firm. If you are facing legal issues, consult with a qualified attorney to discuss your specific case.
