If you are not a U.S. citizen, a criminal charge in Kentucky can cost you far more than a fine or jail time. It can lead to deportation, loss of your green card, detention by ICE, or a permanent bar to citizenship.
This is true for green card holders (lawful permanent residents), visa holders, refugees and asylees, DACA and TPS recipients, and people without legal status. At the Law Office of Jeger Ali PLLC, we defend non-citizens charged with crimes in Bowling Green and Warren County, and in surrounding counties including Barren, Butler, Edmonson, Logan, Simpson, and Allen.
Questions Non-Citizens Ask About Criminal Charges and Immigration
I have a green card. Can a criminal conviction get me deported?
Yes. Lawful permanent residents can be placed in removal (deportation) proceedings for certain convictions. These include many drug offenses, domestic violence and stalking, certain firearm offenses, crimes involving moral turpitude (such as theft or fraud), and offenses federal law calls “aggravated felonies.” Some offenses that are misdemeanors in Kentucky can still trigger serious immigration consequences.
Is a misdemeanor or a minor charge really a problem?
It can be. Shoplifting, a first DUI with aggravating factors, simple drug possession, or a domestic assault charge can affect your status. Even a charge that is later dismissed may come up when you renew a green card, apply for citizenship, or travel. Never assume a charge is too small to matter.
If I take pretrial diversion or my record is expunged, am I safe?
Not necessarily. Immigration law uses its own definition of a “conviction.” If you plead guilty or admit facts and the judge orders any punishment or restraint, immigration authorities may treat it as a conviction even if Kentucky later dismisses or expunges the case. The structure of your plea or diversion agreement matters.
Can a criminal case stop me from becoming a U.S. citizen?
Yes. Naturalization requires good moral character. Arrests, convictions, and even conduct that was never charged can delay or deny an application. Some convictions bar citizenship permanently.
I am undocumented. Should I still fight a minor charge?
Yes. An arrest can bring you to ICE’s attention, and a conviction can hurt your chances of relief later, such as cancellation of removal, asylum, or a family-based green card. A careful defense can protect options you may need in the future.
Does my defense lawyer have to warn me about immigration consequences?
Yes. In Padilla v. Kentucky (2010), a case that began right here in Kentucky, the U.S. Supreme Court held that defense attorneys must advise non-citizen clients about the deportation risk of a guilty plea. You have a right to that advice before you plead.
What should I do if I am arrested?
Stay calm, stay silent, and ask for a lawyer. Do not discuss your immigration status or where you were born with police, and do not sign anything you do not understand. Call a criminal defense attorney before you plead guilty to anything, even a traffic-related charge.
Why Your Criminal Defense Lawyer Should Understand Immigration Law
A plea deal that looks good in criminal court can be a disaster in immigration court. Attorney Jeger Ali practices both criminal defense and immigration law, so your case is defended with your status in mind from day one. That can mean negotiating a different charge, a different plea, or a different sentence that protects your future in the United States.
If you or a family member is facing charges in Bowling Green or South Central Kentucky, call the Law Office of Jeger Ali PLLC at 270-202-0768 or email ali@alilawoffice.com. Our office is at 728 Chestnut Street, Suite 206, Bowling Green, KY 42101.
This post is general information, not legal advice. Every case is different; speak with an attorney about your situation.