Immigration Consequences of Criminal Charges in New Jersey

Why Immigration Consequences Matter

For non-citizens — including lawful permanent residents, visa holders, and undocumented individuals — a criminal conviction in New Jersey can have devastating immigration consequences that go far beyond the criminal sentence itself. Deportation, bars to naturalization, and inadmissibility can result from offenses that might seem minor from a purely criminal law perspective.

Under Padilla v. Kentucky (2010), criminal defense attorneys are constitutionally required to advise non-citizen clients about the immigration consequences of a guilty plea. If you are not a U.S. citizen, your attorney must understand immigration law as well as criminal law.

Categories of Deportable Offenses

The Immigration and Nationality Act (INA) identifies several categories of offenses that can trigger removal proceedings:

Crimes Involving Moral Turpitude (CIMT)

A broad category that includes fraud, theft, assault with intent to harm, and many other offenses. A single CIMT conviction within five years of admission can result in deportation.

Aggravated Felonies

The most serious category for immigration purposes. Aggravated felonies include:

• Murder, rape, and sexual abuse of a minor
• Drug trafficking
• Firearms trafficking
• Theft or burglary with a sentence of one year or more
• Fraud with a loss exceeding $10,000

Conviction of an aggravated felony results in mandatory detention and near-certain deportation with a permanent bar to re-entry.

Drug Offenses

Any conviction for a controlled substance offense (other than a single offense for possession of 30 grams or less of marijuana for personal use) is a deportable offense.

Domestic Violence Offenses

Convictions for domestic violence, stalking, child abuse, and violations of protective orders are deportable offenses.

Strategies to Minimize Immigration Consequences

An experienced attorney can sometimes negotiate plea agreements that avoid the most serious immigration consequences — for example, pleading to a lesser offense that is not a CIMT or aggravated felony, or structuring a sentence to avoid the one-year threshold for certain aggravated felony definitions.

If you are not a U.S. citizen and are facing criminal charges, it is essential that your attorney understands both criminal and immigration law.

This article is for general informational purposes only and does not constitute legal advice.