Once defense counsel has identified the client’s immigration status, outlined the client’s goals, and determined the client’s defense actions, then defense counsel must analyze what convictions should be avoided to minimize immigration penalties for noncitizen clients.

There are three categories of crime-related provisions in immigration law.  They comprise the most common, but not all, of the adverse immigration consequences that follow from convictions.[1]  They are:

The grounds of deportability, at 8 USC § 1227(a);

·         The grounds of inadmissibility, at 8 USC § 1182(a); and

·         The definition of aggravated felony, at 8 USC § 1101(a)(43).

Determining which of these three provisions applies to a noncitizen generally depends upon three factors relating to the client:

·         Immigration status;

·         Prior criminal history; and

·         Immigration-related defense goals determined in Step Two (e.g., is he at risk for deportation/removal?  Applying for citizenship?  Seeking reentry into the U.S. after a trip abroad?).

The next sections of this chapter provide a list of these immigration-related provisions and when they apply.