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Why a Criminal Immigration Analysis Cannot Be Determined by the Charge Name Alone
Immigration law does not always use the same classification that a state criminal court uses. A state may describe an offense as a misdemeanor, petty theft, assault, or a traffic offense, while federal immigration law may analyze the precise statutory elements and the conviction record to determine whether it is a CIMT, controlled-substance offense, aggravated felony, or another immigration ground.
An arrest can still matter for visa processing, admissibility review, and disclosure requirements, but an arrest alone does not automatically establish every deportability ground. Many statutory deportability provisions expressly require a conviction.
The Department of State controls visa issuance and revocation, while DHS and the immigration courts handle removal proceedings under the applicable immigration laws. A revoked visa does not itself mean that a person has already been removed from the United States.
Before accepting a plea, diversion arrangement, deferred disposition, or other criminal resolution, a noncitizen should have immigration consequences reviewed because the final disposition can affect whether the matter qualifies as a federal immigration conviction.
Related Tools
Related US Tools & Guides
Frequently Asked Questions (FAQ)
• USCIS Policy Manual Volume 8 (Inadmissibility & Criminality): uscis.gov/policy-manual/volume-8-part-b
• U.S. DOJ Executive Office for Immigration Review (EOIR): justice.gov/eoir