IMMIGRATION CONSEQUENCES

Immigration Consequences of Criminal Charges in California

Placer County Criminal Defense & Immigration-Safe Representation

Tiemann Defense provides strategic criminal defense for non-citizens in Placer County, including Roseville, Lincoln, Auburn, and Rocklin.

📍 Office: 209 Harding Blvd. Suite 7, Roseville, CA 95678
📞 Call Now: 916.939.3900

If you are not a U.S. citizen, an arrest or conviction can put your immigration status at risk — even for a misdemeanor. Protecting your record means protecting your ability to:

• Stay in the United States
• Avoid deportation
• Renew a visa or green card
• Qualify for citizenship

Our firm focuses on immigration-safe criminal defense strategies from day one.

Why Criminal Cases Are Different for Non-Citizens

Under federal immigration law, a criminal case can trigger:

• Deportation (removal)
• Inadmissibility (being denied re-entry or a green card)
• Denial of naturalization
• Mandatory immigration detention
• Loss of DACA or visa status

The outcome of your criminal case — not just the charge — determines the immigration consequence.

That means the wrong plea deal can be worse than fighting the case to a immigration neutral resolution.

Immigration Consequences by Status

DACA Recipients

A criminal case can result in:

• DACA termination
• Ineligibility for renewal
• Placement into removal proceedings

Even:

• DUI
• Domestic violence
• Drug offenses

can disqualify a DACA recipient.

Immigration-safe resolutions are critical.

Green Card Holders (Lawful Permanent Residents)

Convictions may cause:

• Deportation
• Being stopped at the airport and detained
• Ineligibility for citizenship

High-risk offenses include:

• Crimes involving moral turpitude (CIMTs)
• Drug offenses
• Domestic violence
• Firearms offenses
• Aggravated felonies

Some green card holders are deportable even after living in the U.S. for decades.

Work Visa Holders (H-1B, L-1, O-1, etc.)

A conviction can:

• Terminate employment eligibility
• Prevent visa renewal
• Trigger removal proceedings

Even a short jail sentence can destroy lawful status.

Student Visas (F-1, M-1)

Criminal cases can lead to:

• SEVIS termination
• Loss of status
• Inability to reenter the U.S.

Asylum & Refugee Status

A conviction can:

• Bar asylum
• Revoke granted asylum
• Lead to deportation to your home country

Types of Criminal Outcomes That Trigger Immigration Problems

1. Crimes Involving Moral Turpitude (CIMTs)

Examples may include:

• Theft
• Fraud
• Domestic violence
• Some assault offenses

2. Aggravated Felonies

These carry mandatory deportation and permanent immigration bars.

3. Drug Offenses

Even simple possession can create severe immigration consequences.

4. Firearm Offenses

Often trigger deportability with no relief available.

How We Protect Your Immigration Status

Immigration-Neutral Plea Bargains

We negotiate resolutions designed to:

• Avoid deportable offenses
• Avoid inadmissible convictions
• Keep eligibility for relief

This may involve:

• Pleading to a different charge
• Adjusting the sentence
• Structuring the factual basis
• Applying for diversion

Diversion Programs (No Conviction)

Immigration-safe alternatives may include:

• Judicial diversion
• Mental health diversion
• Military diversion
• Drug diversion

A dismissed case is usually far safer than a conviction for immigration purposes.

Post-Conviction Relief

We can:

• Withdraw damaging pleas
• Reduce felonies to misdemeanors
• Vacate convictions based on immigration error

California Penal Code § 1016.3 – Protection for Non-Citizen Defendants

California law requires prosecutors  to consider immigration consequences in plea negotiations.

What PC 1016.3 Does:

• Encourages immigration-safe dispositions
• Requires prosecutors to consider:
• The adverse immigration consequences to an individual in plea negotiations
• Promotes creative alternative pleas

This law gives your defense attorney powerful leverage to:

✔ Seek non-deportable outcomes
✔ Avoid mandatory immigration detention
✔ Protect future immigration benefits

The Importance of Early Intervention

The best immigration outcomes happen before charges are filed.

We intervene early to:

• Influence charging decisions
• Present mitigation
• Seek diversion instead of prosecution

Why You Need a Criminal Defense Attorney Who Understands Immigration

Most plea deals are negotiated without considering immigration consequences.

At Tiemann Defense, we:

• Analyze every case for immigration impact
• Structure safe plea agreements
• Work to avoid convictions entirely when possible

Immigration-Safe Defense in Placer County

We defend non-citizens throughout:

• Roseville
• Rocklin
• Lincoln
• Auburn
• All Placer County courts

Call Tiemann Defense Immediately

If you are not a U.S. citizen, do not accept a plea deal without immigration analysis.

📞 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678

Your future in the United States may depend on how your criminal case is handled today.

Frequently Asked Questions

Can a misdemeanor get me deported?

Yes. Many misdemeanors — especially domestic violence, theft, or drug offenses — can trigger removal.

Is a diversion program immigration safe?

In many cases, yes. Because there is no conviction, diversion is often the best option.

Can a case be fixed after a plea?

Sometimes. Post-conviction relief may eliminate the immigration consequences.

Will the court consider my immigration status?

Under PC 1016.3, courts and prosecutors should work toward immigration-safe resolutions when possible.