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Criminal Defense Focused on Protecting Immigration Status

Criminal charges and immigration status are deeply connected. Understanding that connection early can prevent irreversible outcomes later. At Gad & Gad Law Offices LLP, our experienced team of immigration and criminal defense lawyers offer a coordinated approach to criminal defense and immigration consequences. Having a team of immigration and defense experts helps our clients avoid irreversible decisions and protect their ability to remain in the United States when the law allows.​ The firm represents clients throughout Minnesota in criminal cases where immigration status is at risk. Early legal guidance can make the difference between preserving eligibility and losing it permanently.

Defense Designed to Preserve Immigration Eligibility

The firm approaches criminal cases involving non-citizens with a clear focus:
fight for outcomes that protect immigration status whenever legally possible.

That may include:

  • Challenging charges that create mandatory deportation consequences

  • Litigating suppression and constitutional issues early

  • Avoiding plea structures that destroy immigration eligibility

  • Seeking dismissals or reductions that preserve relief options

  • Building a record that supports future immigration proceedings

This approach requires coordination between criminal defense and immigration analysis from the very beginning of a case.

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Fighting Criminal Cases to Prevent Deportation

For many clients, the goal is not simply minimizing criminal penalties—it is avoiding outcomes that lead to detention or removal.

The firm represents clients in:

  • Serious felony cases with immigration consequences

  • Domestic and violent offense allegations affecting status

  • Drug and controlled substance cases

  • DWI and other offenses that trigger immigration review

Each case is evaluated not only for criminal exposure, but for how different outcomes will be treated under federal immigration law.

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Post-Conviction Relief for Immigration Purposes

In some cases, immigration consequences arise years after a conviction. When that happens, post-conviction relief may provide a path forward.

The firm evaluates whether criminal records can be addressed through:

  • Vacating unconstitutional pleas

  • Challenging convictions entered without proper advisals

  • Sentence modifications

  • Record corrections that affect immigration classification

Post-conviction work is complex and time-sensitive, especially when immigration proceedings are already underway.

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Criminal Defense Decisions Shape Immigration Outcomes

In immigration law, how a criminal case is resolved matters as much as whether it is resolved.

Immigration consequences can turn on:

  • The exact statute of conviction

  • Whether a case ends in a plea, dismissal, or trial

  • The language used in a plea agreement

  • The sentence imposed

  • Whether a conviction can later be challenged

A resolution that seems favorable in criminal court can permanently bar immigration relief or trigger removal proceedings if immigration consequences are not considered at the outset. 

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​Frequently Asked Questions: Criminal Charges and Immigration Status

Can a criminal charge affect my immigration status even if it is minor?

Yes. In immigration law, even charges that seem minor in criminal court can have serious consequences. Immigration authorities often look at the statute of conviction, plea language, and sentence, not just whether the offense was a misdemeanor or felony.

 

Do I have to be convicted for immigration consequences to apply?

Not always. Some consequences can arise from:

  • Certain admissions in court

  • Plea agreements

  • Sentences imposed

  • Probation conditions

This is why early criminal defense strategy matters, even before a case is resolved.

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Why does the exact charge or statute matter so much?

Immigration law is very technical. Two charges that sound similar can be treated very differently under federal immigration law. The specific statute number, the wording of the offense, and how the case is resolved often determine whether a conviction triggers deportation or bars future immigration relief.

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Can a plea deal hurt my immigration case even if I avoid jail?

Yes. A plea that seems favorable in criminal court can permanently damage immigration eligibility. Jail time is not always the deciding factor—how the case is resolved legally often matters more than the punishment.

 

Can criminal charges be fought with immigration consequences in mind?

Yes. In many cases, defense strategy can be shaped to:

  • Challenge charges that carry mandatory deportation consequences

  • Avoid plea structures that destroy immigration eligibility

  • Seek dismissals or reductions that preserve future options

This requires criminal defense and immigration analysis working together from the start.

 

What if I already have a criminal conviction? Is it too late?

Not always. Some convictions may be addressed through post-conviction relief, depending on the circumstances. This can include challenging unconstitutional pleas, modifying sentences, or correcting records that affect immigration classification.

Every case is different, and timing matters.

 

Can old convictions suddenly cause immigration problems?

Yes. Many people first face immigration consequences years after a conviction—often when applying for lawful status, citizenship, or reentry. Changes in enforcement or a new immigration application can bring past cases back into focus.

 

Do immigration consequences apply to lawful permanent residents (green card holders)?

Yes. Lawful permanent residents can still face detention or removal based on certain criminal convictions. Having a green card does not eliminate immigration consequences of criminal cases.

 

Should I talk to a lawyer before my criminal case is resolved?

Yes. Decisions made early—sometimes at the first court appearance—can have permanent immigration consequences. Waiting until after a plea or conviction may limit available options.

 

Can you help even if immigration proceedings have already started?

In some cases, yes. The firm evaluates whether criminal records can be challenged or clarified in ways that may affect ongoing immigration proceedings. This often involves coordination between criminal and immigration strategy.

 

What makes this type of representation different from a standard criminal case?

Criminal cases involving non-citizens require an additional layer of analysis. The goal is not only to resolve the criminal charge, but to protect immigration eligibility and prevent deportation whenever the law allows.

Criminal charges can have serious immigration consequences. If you’re a non-citizen charged with or convicted of a crime in Minnesota, call 612-412-1710 to discuss your options with experienced defense and immigration counsel.

© 2022 by Gad & Gad Law Offices LLP

    All rights reserved

8 E 25th Street • Minneapolis, MN 55404
(612) 412-1710 |  info@gadlawoffice.com

Criminal Defense | Immigration | Appeals
Civil Rights | Federal Habeas

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