Green card holders live and work in the U.S. legally, often for years, building families, careers, and long-term plans. But many don’t realize that having a green card doesn’t fully protect them from removal. A single criminal charge—even something that seems minor—can trigger immigration consequences that affect their legal status, future citizenship, and ability to stay in the country.
It’s not just about convictions. In many cases, even being arrested or charged can lead to serious problems. Immigration law treats certain crimes differently than the criminal justice system does. What might seem like a small plea deal in court could quietly put someone on ICE’s radar.
This article explains what kinds of charges can impact a green card holder, how the process works, and what steps to take to avoid life-changing consequences.
Green Card ≠ Full Immunity From Deportation
Having a green card gives you the right to live and work permanently in the U.S., but it doesn’t make you immune to deportation. Green card holders are still non-citizens, and under U.S. immigration law, certain criminal charges can lead to removal—even if you’ve lived here for decades or have strong ties like U.S. citizen children or a steady job.
Many people assume only serious crimes can affect immigration status, but that’s not always the case. Some green card holders have faced deportation for things like shoplifting, simple drug possession, or domestic disputes. In some cases, immigration proceedings begin even before the criminal case is resolved.
The government doesn’t need a conviction to start removal proceedings. In fact, certain charges alone—especially those involving violence, drugs, or fraud—can trigger ICE action. And once a person is placed in removal proceedings, it’s not just a court case—it’s a risk of losing everything they’ve built in the U.S.
That’s why it’s critical for green card holders to take any arrest seriously. Even a first-time offense should be handled with both criminal and immigration consequences in mind. Because once you’re in immigration court, the rules are different—and the stakes are much higher.
What Types of Crimes Can Affect Your Green Card?
Not every crime will lead to deportation, but certain types raise red flags under immigration law. These fall into broad categories, and some carry harsher consequences than others.
“Crimes of moral turpitude are one of the most commonly cited reasons for removal. These involve dishonest or harmful behavior, such as theft, fraud, assault, or domestic violence”, shared Justie Nicol, Greenwood Village Criminal Lawyers of Colorado Lawyer Team.
Even a single conviction for a crime like shoplifting or credit card fraud can trigger immigration problems, especially if it occurred within five years of receiving your green card.
Aggravated felonies are even more serious. This doesn’t always mean what people think of as a felony in criminal court. Under immigration law, “aggravated felony” includes crimes like drug trafficking, weapons offenses, violent acts, and sometimes even things like tax fraud or repeated DUI with injury. A conviction in this category often leads to mandatory deportation with very limited options for relief.
Other offenses that can impact your status include domestic violence, stalking, child abuse, and any crime involving controlled substances—even simple possession. Repeated minor offenses can also become a problem.
If you’re convicted of two or more crimes that carry sentences of five years or more (even if you didn’t serve the full time), that alone could make you deportable.
What Happens After a Green Card Holder Is Charged?
Once a green card holder is arrested and formally charged, things can move quickly—especially if the crime fits one of the categories that trigger immigration review.
Kim Lewellen, Attorney of Lewellen Family Law Group, shared, “In some cases, ICE may get involved immediately, particularly if local law enforcement notifies them. This can lead to immigration holds, detention, or being placed in removal proceedings before the criminal case is even resolved.”
It’s important to understand that criminal court and immigration court are separate. You could be found not guilty in criminal court and still face consequences from immigration authorities.
Likewise, pleading guilty to avoid jail time might seem like the easiest route, but it could create a record that makes you deportable.
Once a case is on ICE’s radar, you may be given a notice to appear in immigration court. At that point, you’re dealing with two tracks—your criminal defense and your immigration defense—and each has its own rules, standards, and risks.
Immigration judges don’t have to follow the same burden of proof as criminal courts, and even reduced charges or dismissed cases don’t always prevent removal.
That’s why it’s critical to have both a criminal defense attorney and an immigration attorney working together. A plea deal that seems favorable on the criminal side could destroy your immigration chances if it’s not structured carefully.
Can You Still Become a Citizen After a Criminal Charge?
Green card holders who plan to apply for U.S. citizenship need to meet a requirement known as good moral character—and a criminal charge can interfere with that. Certain crimes, even without a conviction, can delay or block your ability to naturalize.
Casey Gibbens, Hillsboro Personal Injury Attorney at Harris Velázquez Gibbens, shared, “Some offenses cause a mandatory waiting period. For example, if you were convicted of a DUI or certain misdemeanors, you may have to wait five years from the date of the offense before applying.”
During this time, USCIS may deny your application based on recent behavior—even if you’ve otherwise followed all the rules.
Other crimes can permanently prevent you from becoming a U.S. citizen. These include aggravated felonies, crimes of violence, drug trafficking, or any offense that suggests a pattern of bad conduct.
If you lie on your citizenship application or fail to disclose past arrests, that too can lead to denial—even if the crime wasn’t disqualifying by itself.
Still, having a criminal record doesn’t automatically mean you can’t naturalize. It depends on the charge, how long ago it happened, and what you’ve done since. In many cases, people with minor offenses have successfully become citizens by showing rehabilitation, steady employment, and good behavior in the years following the incident.
But if you’ve been charged or convicted, speak to an immigration lawyer before submitting your N-400 form. Once you apply, USCIS will review your entire record—and they won’t overlook anything.
Common Mistakes That Make Things Worse
A criminal charge is already serious for a green card holder—but the way you respond can make it much worse. One of the most common mistakes is pleading guilty without speaking to an immigration attorney.
Shaun Marks, Flint, Michigan Criminal Defense Lawyer at Shaun R. Marks, P.C., shared, “What seems like a quick fix in criminal court—like a fine or probation—might lead to automatic deportation under immigration law. Criminal lawyers don’t always understand how a plea affects immigration status, so getting immigration advice early is critical.”
Another major mistake is assuming a minor conviction won’t matter. Even something as small as shoplifting, simple drug possession, or a fight that led to a misdemeanor charge can be treated as a deportable offense.
Immigration law has its own definitions for what counts as serious—and they don’t always match what you expect.
Traveling outside the U.S. while charges are pending is another risky move. Re-entering the country with an open case or recent conviction can lead to being stopped at the border, placed in secondary inspection, or even denied reentry.
For green card holders, leaving the country doesn’t pause your legal troubles—it can make them worse.
Finally, many people make the mistake of not disclosing past charges on immigration applications. Whether you’re renewing a green card or applying for citizenship, you’re required to be honest about your criminal history. USCIS will find out anyway, and lying can lead to denial or worse—revocation of your green card.
How to Protect Your Status After a Criminal Charge
The most important thing you can do after being charged is to hire the right legal team. That means working with both a criminal defense lawyer and an immigration attorney who understand how the two systems affect each other.
Thomas Lane, San Antonio Criminal Defense Lawyers at Hunter, Lane & Jampala, shared an important note, “A strategy that protects you in criminal court won’t always protect your immigration status, and vice versa. The two lawyers should coordinate from the start to prevent unexpected outcomes.”
In some cases, post-conviction relief is possible. That means going back and trying to change the outcome of a past case—such as withdrawing a guilty plea, sealing a record, or getting charges reduced.
While this isn’t guaranteed to work, it may help reopen immigration opportunities that were lost because of the conviction.
You should also gather evidence of your good character. Immigration judges and officers do consider personal history. Showing that you’ve held a steady job, supported your family, volunteered in your community, or pursued education can help offset past mistakes. This kind of evidence won’t erase a conviction, but it may help argue for relief or discretion.
Most importantly, avoid further problems. A second offense—even if it’s small—can destroy any chance of recovery. Stay away from risky behavior, keep your immigration documents updated, and don’t miss any court appearances or deadlines. When you’re already under review, every action matters.
Conclusion
Green card holders don’t always realize how vulnerable their status can be until a criminal charge puts everything at risk. Whether it’s a first-time offense or something from the past, the immigration consequences can be serious—and in many cases, permanent.
Deportation, denial of citizenship, and travel restrictions are real outcomes that can follow even after a case is resolved in criminal court.
But a charge isn’t the end of the road. With the right legal guidance, many green card holders have successfully protected their status, avoided removal, or worked toward future citizenship.
The key is acting quickly, getting the right kind of help, and understanding that criminal law and immigration law don’t play by the same rules.
If you’re a green card holder facing legal trouble, don’t wait. What you do next could decide whether you stay in the country you call home—or lose your place in it entirely.
