Understanding the Immigration Consequences of Criminal Cases in Massachusetts

Written By Joshua Wood

For non-citizens, facing criminal charges in Massachusetts can be more than just a legal battle—it can be a direct threat to their ability to live and work in the United States. Criminal convictions can trigger severe immigration consequences, including deportation, ineligibility for visas or green cards, and denial of U.S. citizenship. Even legal residents and those with protected status, such as asylum seekers, can face life-altering consequences from criminal charges.

While criminal defense attorneys do not practice immigration law, understanding the intersection between criminal and immigration law is crucial to effectively representing non-citizen clients. At Benzaken, Maguire, Sheehan & Wood, LLP, we focus exclusively on criminal defense, ensuring that all potential immigration consequences are factored into case strategy.

How Criminal Convictions Affect Immigration Status

U.S. immigration laws impose harsh penalties for non-citizens convicted of certain offenses. The Immigration and Nationality Act (INA) provides the framework for how criminal conduct impacts immigration status. These consequences generally fall into three categories:

1. Deportability: Removal from the United States

Certain criminal convictions make non-citizens deportable, meaning they can be placed in removal proceedings and potentially forced to leave the U.S., even if they have lived here legally for years. Lawful permanent residents (green card holders) and visa holders can be at risk if convicted of certain crimes.

2. Inadmissibility: Barred from Entering or Remaining in the U.S.

A conviction can make a non-citizen inadmissible, preventing them from:

  • Reentering the U.S. after traveling abroad

  • Obtaining a visa, green card, or adjustment of status

  • Renewing or changing immigration status

3. Bars to Naturalization: Preventing Citizenship

Some crimes affect an individual’s “good moral character”, a requirement for naturalization. This can delay or permanently prevent a non-citizen from becoming a U.S. citizen.

Criminal Offenses That Carry Immigration Consequences

Not all criminal convictions trigger removal or inadmissibility, but many do. Here are the primary categories of crimes that can lead to immigration consequences:

1. Crimes Involving Moral Turpitude (CIMT)

Crimes involving fraud, theft, violence, or dishonesty are generally classified as Crimes Involving Moral Turpitude (CIMT). The U.S. immigration system does not provide a precise definition, but common examples include:

  • Theft and fraud (credit card fraud, identity theft, larceny)

  • Domestic violence

  • Aggravated assault

  • Perjury

  • Prostitution-related offenses

A conviction for a CIMT within five years of admission to the U.S. can make a non-citizen deportable. Multiple CIMTs at any time can also result in removal.

2. Aggravated Felonies

The term aggravated felony in immigration law includes a broad range of crimes, many of which may not be considered “felonies” under Massachusetts law. Some aggravated felonies include:

  • Drug trafficking

  • Firearms offenses

  • Sexual abuse of a minor

  • Rape

  • Murder

  • Certain fraud and tax evasion cases with losses over $10,000

A conviction for an aggravated felony almost always results in deportation and bars most forms of relief from removal.

3. Drug-Related Offenses

Immigration laws take a zero-tolerance approach to drug crimes. Even a minor possession charge can trigger deportability. Exceptions exist for:

  • A single conviction for simple possession of 30 grams or less of marijuana

  • Certain post-conviction relief measures (e.g., vacating a guilty plea for constitutional violations)

However, any involvement in drug distribution, trafficking, or manufacturing makes a non-citizen deportable and inadmissible.

4. Domestic Violence and Protective Order Violations

Convictions for domestic violence, stalking, child abuse, or violating a protective order can trigger deportation. Even if the offense is classified as a misdemeanor under Massachusetts law, it can still lead to removal.

5. Firearms and Weapons Offenses

Illegal possession, sale, or use of a firearm can make a non-citizen deportable. These offenses include:

  • Carrying a firearm without a license

  • Possessing an illegal weapon

  • Using a firearm in a crime

The Role of a Criminal Defense Lawyer in Avoiding Immigration Consequences

At Benzaken, Maguire, Sheehan & Wood, LLP, we do not practice immigration law, but we understand how criminal charges impact immigration status. Our role as criminal defense attorneys is to craft a defense strategy that minimizes the risk of deportation or inadmissibility. Here’s how we do that:

1. Exploring Alternative Charges

In some cases, negotiating a plea deal to a lesser charge can help avoid deportation. For example:

  • Reducing a drug trafficking charge to simple possession (if eligible for an exception)

  • Pleading to a non-deportable offense instead of a CIMT

  • Adjusting sentencing to avoid “aggravated felony” classification

2. Seeking Alternative Sentencing

Certain sentences can trigger immigration consequences. We may negotiate for:

  • Pretrial Probation (PTP) – This may help avoid a conviction under immigration law.

  • Pretrial Diversion Programs – Some non-citizens may qualify for alternative resolutions that do not result in a criminal record.

  • Suspended Sentences – Reducing the time served to under one year can sometimes avoid the “aggravated felony” classification.

3. Avoiding Guilty Pleas Without Full Consideration

Some offenses that seem minor under Massachusetts law can carry major immigration consequences. A plea to a lesser offense may still trigger deportation. We carefully assess all options before advising any plea.

4. Coordinating with Immigration Attorneys

While we do not provide immigration representation, we work closely with experienced immigration attorneys to ensure our defense strategies align with a client’s immigration needs. We encourage non-citizen clients to consult an immigration attorney early in their case.

What to Do If You Are a Non-Citizen Facing Criminal Charges

1. Do Not Plead Guilty Without Legal Advice

A guilty plea could result in automatic deportation or bar you from future immigration relief. Always consult with a criminal defense attorney who understands immigration consequences before accepting any deal.

2. Inform Your Lawyer About Your Immigration Status

Your defense strategy may depend on whether you are a green card holder, visa holder, asylum seeker, or undocumented immigrant. Even if you are unsure of your status, disclose any immigration concerns to your lawyer.

3. Avoid Traveling Abroad Until Your Case is Resolved

A criminal conviction can make you inadmissible upon reentry. If you leave the U.S., you may not be allowed back in—even if you are a lawful permanent resident.

4. If You Are Detained by ICE, Contact an Attorney Immediately

If you are arrested and ICE places an immigration hold (detainer) on you, you need legal representation immediately. A criminal conviction while in ICE custody can severely impact your case.

Conclusion: The Right Criminal Defense Matters

For non-citizens, a criminal charge is more than just a legal problem—it is an immigration crisis. The wrong conviction or plea deal could mean separation from family, loss of livelihood, and removal from the country.

At Benzaken, Maguire, Sheehan & Wood, LLP, we fight for the best possible outcome while considering how a case will impact a client’s immigration status. If you or a loved one is a non-citizen facing criminal charges in Massachusetts, call us immediately.

Joshua Wood
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