If you are seeking to become a U.S. citizen through naturalization or you are here as a lawful permanent resident, then you are required to adhere to the laws of the state in which you reside. Further, if you are here on a temporary visa, then you are also required to abide by state and federal laws. A violation of these laws can have extremely severe consequences. Some results of conviction for a crime can include deportation and removal from the United States. In addition, if you are deported for the commission of a crime, you may be barred from reentry in the future.
At Bartell, Georgalas & Juarez, we have built a strong practice guiding clients through
all facets of the immigration process and have years of experience
providing criminal defense. Through the long history of our practice, we have represented clients facing both immigration and criminal law matters. We understand the severity of criminal charges based on your immigrant status or your ability to remain in or reenter the United States. Contact our Cleveland team for a free consultation to discuss your case.
Common Criminal Charges Affecting Immigration Status
At Bartell, Georgalas & Juarez, we understand that immigrants facing criminal charges in Cleveland, Ohio, often feel overwhelmed, scared, and unsure of their future. A single mistake, or even an unfounded accusation, can threaten years of progress toward lawful permanent residency or U.S. citizenship. For non-citizens, the stakes in a criminal case are exceptionally high because many offenses can trigger deportation, bar reentry, or make you ineligible for immigration relief.
Under Title
8 U.S.C. §1227, numerous criminal offenses may render a non-citizen deportable or inadmissible. If you are a lawful permanent resident, visa holder, refugee, or undocumented immigrant facing charges in Cleveland, Ohio, our immigration criminal defense team is ready to protect your rights and preserve your future.
Below are some of the most common types of criminal charges that affect immigration status.
DUI/DWI (Driving Under the Influence)
- A DUI or DWI charge can be a significant immigration red flag, especially if it involves aggravating factors like injury, a child in the car, or multiple offenses.
- While a single DUI without aggravating circumstances might not automatically lead to removal, it can complicate adjustment of status or naturalization efforts.
- Multiple DUIs or a DUI coupled with other criminal conduct can be considered grounds for inadmissibility or deportability.
In Cleveland, Ohio, our attorneys defend clients in both municipal court and immigration proceedings when DUI charges threaten immigration standing.
Drug Offenses
- Drug crimes are among the most dangerous for immigrants. The Immigration and Nationality Act (INA) provides very little leeway for non-citizens convicted of drug-related offenses.
- Convictions for possession, distribution, trafficking, and manufacturing controlled substances are often classified as aggravated felonies or crimes of moral turpitude.
- Even a seemingly minor possession charge, such as marijuana possession over 30 grams, can lead to removal proceedings.
Our team in Cleveland, Ohio, helps clients pursue legal relief, including dismissal, diversion programs, or reclassification of charges to avoid devastating immigration outcomes.
Domestic Violence & Protective Order Violations
- Domestic violence is considered a deportable offense under U.S. immigration law.
- Violating a civil protection order, even without a formal conviction, can trigger immigration consequences.
- These cases often involve complicated interpersonal relationships, and without strong defense, an immigrant may lose their legal right to remain in the country.
Our firm serves clients throughout Cleveland, Independence, Columbus, and Oxford, Ohio, defending against allegations and working to preserve both freedom and immigration status.
Theft and Fraud-Related Offenses
- Theft, fraud, and deception crimes are generally categorized as “crimes involving moral turpitude” (CIMTs), which are grounds for removal.
- Examples include:
- Shoplifting
- Credit card fraud
- Forgery
- Embezzlement
- Check fraud
- Multiple convictions or even a single conviction (depending on timing and sentence) can result in deportation or prevent someone from reentering the U.S.
Our Cleveland immigration criminal defense attorneys work to reduce charges, challenge evidence, and pursue post-conviction relief when necessary.
Firearms and Weapon Offenses
- Non-citizens convicted of illegal possession, use, sale, or trafficking of firearms are considered deportable.
- Even legally purchased weapons, if handled in violation of Ohio law, can trigger federal immigration consequences.
We represent both documented and undocumented individuals in Cleveland, Ohio, who face firearm-related charges with potential immigration ramifications.
Sexual Offenses
- These are among the most serious charges non-citizens can face. Many are categorized as aggravated felonies, which carry mandatory removal with no possibility of discretionary relief.
- Offenses include:
- Sexual assault
- Statutory rape
- Child exploitation or pornography-related crimes
- Solicitation or prostitution-related crimes
- Even an accusation without a conviction can influence immigration adjudications.
Our firm offers a strong, discreet, and nonjudgmental defense for immigrants accused of
sex-related offenses in Cleveland, Ohio.
Marriage Fraud
- Entering into a sham marriage to obtain immigration benefits is a federal crime and a basis for removal.
- Authorities aggressively investigate marriages suspected of being fraudulent. If convicted, you may be permanently barred from adjusting your status.
- Defending against a marriage fraud accusation requires detailed documentation, witness statements, and a deep understanding of immigration law.
We’ve successfully defended clients in Cleveland and statewide against fraudulent marriage claims and immigration marriage interview denials.
False Claims to U.S. Citizenship
- Claiming to be a U.S. citizen, even on a job application or school loan form, is a serious offense.
- Common scenarios include:
- Marking “U.S. citizen” on I-9 forms during employment
- Registering to vote
- Applying for a government benefit reserved for citizens
- A false claim to U.S. citizenship often leads to automatic and permanent inadmissibility.
Our attorneys thoroughly analyze each case to determine if exceptions apply and aggressively pursue waivers or motions to reopen.
Illegal Reentry After Deportation
- Returning to the U.S. after a deportation order without government permission is a federal felony.
- Those convicted may face:
- Prison time
- Immediate removal
- Ineligibility for immigration benefits, including waivers
- Repeat reentry offenses often result in harsher sentencing.
We offer legal guidance in Cleveland, Ohio, for individuals accused of criminal reentry, and we explore all possible defenses to minimize punishment and protect family unity.
Human Trafficking and Alien Smuggling
- Trafficking in persons or smuggling undocumented immigrants into the U.S. are not only federal crimes but also serious immigration violations.
- Convictions may result in:
- Lifetime bars to admission
- Criminal sentences
- Denial of all forms of immigration relief
These charges demand immediate and skilled representation. Our legal team fights hard for your rights in both criminal and immigration court in Cleveland and across Ohio.
Additional Deportable Offenses
Other serious criminal offenses that can impact your immigration status include:
- Aggravated felonies
- Money laundering
- Prostitution-related crimes
- Tax fraud
- Child abuse or endangerment
- Gang-related activities
- Obstruction of justice or perjury
If you’re unsure whether your charge could affect your immigration status, don’t wait to find out in court. Bartell, Georgalas & Juarez will assess your case during a free consultation and offer a strategic legal plan tailored to your circumstances.
If you're a non-citizen or green card holder in Cleveland, Ohio, facing any criminal charge, time is of the essence. Whether you are in removal proceedings,
applying for a green card, or pursuing naturalization, criminal allegations can derail your immigration journey. We also serve clients from Independence, Columbus, and Oxford, Ohio, and we're committed to helping you protect your rights and your future.
In the Cleveland area, many immigration cases take place at the
Cleveland Immigration Court at 801 W. Superior Avenue, Suite 13–100, Cleveland, OH 44113. This is separate from your criminal case. Contact our office today at (216) 710-6700 or
connect with us online to schedule a free consultation with a knowledgeable immigration criminal defense lawyer.
Consequences of a Criminal Conviction for Non-Citizens
For non-citizens living in the United States, whether on a temporary visa, green card, or as an undocumented immigrant, a criminal conviction can trigger serious immigration consequences. The legal stakes are incredibly high, and what may seem like a minor offense under Ohio criminal law can result in permanent separation from family, employment, and community. At Bartell, Georgalas & Juarez, we provide strategic, aggressive, and compassionate legal representation for immigrants in Cleveland, Ohio, and throughout the state, who are facing this harsh reality.
Here are the most critical immigration consequences that can follow a criminal conviction:
Deportation/Removal
- A conviction for certain crimes may result in a removal order, requiring you to leave the U.S. involuntarily.
- You may be barred from returning for years, or even for life, depending on the nature of the offense and your immigration status.
- In Cleveland, Ohio, deportation proceedings typically occur at the Cleveland Immigration Court, separate from criminal court.
Inadmissibility
- If you're convicted of a deportable offense before entering the U.S., you may be denied entry.
- Convictions can also make you ineligible for adjustment of status, asylum, or other forms of relief, even if you’ve previously been lawfully present.
Loss of Legal Status
- A criminal conviction can result in the revocation of temporary visas, permanent residency (green cards), or deferred action (DACA).
- In some cases, simply being charged, not convicted, can lead to immigration status review by U.S. Immigration and Customs Enforcement (ICE).
Denial of Naturalization
- If you were hoping to become a U.S. citizen, a criminal record can stand in your way.
- Crimes involving moral turpitude or aggravated felonies can block you from proving the “good moral character” required for naturalization.
Immigration Detention
- Non-citizens charged or convicted of deportable crimes may be taken into ICE custody and held in immigration detention during removal proceedings.
- Detention often occurs without bond and can significantly disrupt family life, work, and legal access.
Our attorneys in Cleveland, Ohio, work relentlessly to help non-citizens avoid these outcomes. Whether you are a lawful permanent resident in Columbus, a visa holder in Oxford, or a DACA recipient in Independence, we provide expert legal advice and aggressive defense tailored to your unique situation.
Post-Conviction Relief Options
A criminal conviction does not necessarily mean that your immigration future is sealed. In many cases, individuals convicted of crimes that threaten their immigration status may still have options to seek relief. This area of law, known as post-conviction relief, requires in-depth understanding of both criminal procedure and immigration law. At Bartell, Georgalas & Juarez, our attorneys offer comprehensive post-conviction relief services throughout Cleveland, Ohio, and across the state.
Here are the most commonly used avenues for post-conviction relief that may help protect your ability to remain in the U.S.:
Appeals
Motions to Vacate Convictions
- If your rights were violated, such as receiving ineffective assistance of counsel (as protected under Padilla v. Kentucky), you may be eligible to have your conviction vacated.
- Common grounds include:
- Your attorney failed to inform you of the immigration consequences of pleading guilty.
- You entered a guilty plea without understanding the consequences.
- A successful motion to vacate may allow you to renegotiate your plea or avoid immigration removal altogether.
Sentence Modifications
- In some cases, reducing the length or classification of a sentence can remove the conviction from the list of deportable or inadmissible offenses.
- For example, reducing a sentence from 365 days to 364 days can prevent a crime from being classified as an aggravated felony for immigration purposes.
- Our attorneys in Cleveland, Ohio, explore every possible modification to minimize your immigration exposure.
Gubernatorial or Presidential Pardons
- A full and unconditional pardon from the governor of Ohio or the president of the United States may remove the immigration consequences of a criminal conviction.
- While pardons are rare, they can be a valuable tool in exceptional cases, especially for longtime residents with strong family and community ties.
Post-conviction relief is a complex and time-sensitive process. It requires careful coordination between criminal defense and immigration strategy. Our team at Bartell, Georgalas & Juarez is uniquely qualified to help non-citizens across Cleveland, Independence, Columbus, and Oxford, Ohio, pursue these forms of relief. We don’t just look at your case as a criminal charge; we look at the full picture, including your immigration goals and long-term future in the United States.
Criminal Charges and Their Impact on Immigration Status
Under the United States Immigration and Nationality Act (INA), certain criminal offenses carry direct and often devastating immigration consequences. If you are a non-citizen, whether you hold a green card, a work visa, or no legal status at all, a criminal conviction in Cleveland, Ohio or elsewhere in the state could place your future in serious jeopardy. At Bartell, Georgalas & Juarez, we provide trusted immigration criminal defense to help protect your ability to remain in the U.S.
Common criminal offenses that may trigger deportation or bar future immigration benefits include:
- Crimes of Moral Turpitude (CIMTs): These are offenses that involve dishonesty, fraud, or actions deemed morally reprehensible, such as theft, assault with intent to cause serious harm, or fraud. A single CIMT can result in deportation if it occurs within five years of admission and carries a possible sentence of one year or more.
- Multiple Criminal Convictions: Two or more criminal convictions, regardless of whether they are misdemeanors or felonies, can render a non-citizen deportable, especially if they reflect a pattern of criminal behavior.
- Aggravated Felonies: These are serious offenses defined by immigration law and can include drug trafficking, weapons offenses, sexual abuse of a minor, and violent crimes. A conviction of an aggravated felony leads to mandatory removal proceedings and often bars eligibility for most forms of relief.
- Controlled Substance Violations: Any conviction involving illegal drugs, aside from a single offense of possessing 30 grams or less of marijuana, can result in removal. This applies even to lawful permanent residents.
- Firearm Offenses: Convictions for possession, use, or trafficking of firearms can lead to deportation. Even if legal under state law, firearm offenses often trigger federal immigration consequences.
- Crimes of Domestic Violence or Stalking: A single conviction related to domestic abuse or a protection order violation can make a person subject to deportation under INA § 237.
- Failure to Register and Falsification of Documents: Failing to report a change of address, using false identification, or submitting fraudulent immigration paperwork can lead to loss of status and removal from the U.S.
Even if you have lived and worked legally in the United States for many years, a single criminal charge could change everything. That’s why it’s essential to work with an experienced criminal defense attorney for non-citizens in Cleveland, Ohio, who understands how criminal law and immigration law intersect.
Waivers and Other Relief
In some cases, immigrants facing removal due to a criminal conviction may qualify for a waiver of inadmissibility or deportability. A waiver allows the individual to remain in the United States despite the offense, usually based on humanitarian or family-based reasons. At Bartell, Georgalas & Juarez, our team can evaluate your eligibility for relief and guide you through the waiver process.
Types of waivers and relief options include:
- Pardons: A full and unconditional pardon from the President of the United States or a state governor may eliminate the immigration consequences of a criminal conviction.
- Humanitarian Waivers: If your deportation would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child, you may be eligible for a 212(h) or 601 waiver.
- Family Reunification Waivers: Certain waivers exist for individuals with U.S. citizen or green card–holding family members, particularly in cases of hardship or long-standing residence in the U.S.
- Reopening Prior Cases: If new evidence emerges or prior legal representation was ineffective, your case may be reopened, and immigration relief reconsidered.
Padilla v. Kentucky and Post-Conviction Options
The landmark 2010 Supreme Court decision in Padilla v. Commonwealth of Kentucky fundamentally changed the way courts view the intersection of criminal and immigration law. The Court ruled that a criminal defense attorney who fails to inform a non-citizen client of the immigration consequences of a guilty plea violates the client’s Sixth Amendment right to effective counsel.
Here’s what that means for you:
- If your prior attorney failed to explain how a conviction could lead to deportation or loss of status, you may have grounds to vacate that conviction.
- Courts may allow your case to be reopened, giving you an opportunity to fight for an alternative resolution that doesn’t carry immigration consequences.
- In Cleveland, Ohio, our legal team regularly pursues this kind of post-conviction relief on behalf of immigrants throughout Columbus, Independence, and Oxford who were not properly advised of the risks they faced.
At Bartell, Georgalas & Juarez, we work with Cleveland clients throughout the post-conviction process to reduce or eliminate the damage a conviction can have on their immigration status.
Illegal Reentry Into the United States After Removal
Returning to the U.S. after being deported without proper authorization is considered criminal reentry under 8 U.S.C. §1326. This is a federal crime that can result in:
- Lengthy prison sentences, especially if the original deportation followed a felony conviction.
- Immediate reinstatement of a prior removal order, with limited rights to challenge it.
- Ineligibility for future waivers or immigration benefits, including asylum, adjustment of status, or lawful permanent residency.
Defending an illegal reentry case requires meticulous legal strategy. Our Cleveland, Ohio criminal and immigration defense attorneys examine every detail of your immigration and criminal history to build the strongest possible defense. We also provide honest assessments of your options and keep you informed throughout the process.
Citizenship and Marriage Fraud
Allegations of fraudulent claims to U.S. citizenship or marriage fraud are taken extremely seriously by immigration officials and can result in both criminal penalties and deportation.
Here are some examples of conduct that can lead to investigation or charges:
- Falsely claiming U.S. citizenship on a job application, student loan, or mortgage form
- Registering to vote in a federal or state election as a non-citizen
- Misstating your immigration status on a Form I-9 Employment Eligibility Verification
- Entering a marriage solely for immigration benefits, rather than a bona fide relationship
If you're under investigation for any form of citizenship or marriage fraud, it is critical that you speak with an experienced immigration criminal defense lawyer as soon as possible. These allegations can result in:
- Revocation of your green card or visa
- Denial of naturalization or permanent residency
- Deportation and permanent bars to reentry
- Criminal charges for fraud or perjury
At Bartell, Georgalas & Juarez, we take a strategic, compassionate approach to defending these cases. We know the government often jumps to conclusions and misinterprets evidence. Our Cleveland team will thoroughly investigate your situation, challenge unlawful procedures, and assert every available legal defense.
There are exceptions and legal defenses that can apply in cases of alleged false claims. For instance, if you reasonably believed you were a U.S. citizen, or if the false claim was not material to your immigration status, you may have a viable defense. We fight aggressively to protect our clients from removal and preserve their future in the United States.
Why Choose Bartell, Georgalas & Juarez for Immigration Criminal Defense in Cleveland?
When your immigration status and freedom are at stake, you need more than just a criminal defense attorney; you need a legal team that fully understands the unique intersection of immigration and criminal law. At Bartell, Georgalas & Juarez, we bring decades of focused experience and a deep commitment to helping non-citizens in Cleveland and throughout the state protect their rights in the face of criminal allegations.
Our firm is based in Cleveland, Ohio, and proudly serves clients throughout Independence, Columbus, and Oxford, Ohio, as well as individuals from diverse backgrounds across the United States and internationally. We have successfully represented clients from South America, Asia, the Middle East, Eastern Europe, and beyond. Whether you are here on a visa, hold a green card, or are seeking citizenship, our firm has the skills and experience to help you navigate your legal challenges with confidence and clarity.
Here’s why clients across Ohio and beyond trust us with their immigration criminal defense:
- Deep Expertise in Immigration Criminal Defense: Our Cleveland firm concentrates exclusively on immigration-related matters, including complex criminal defense for non-citizens. We stay up to date on evolving immigration laws and how criminal convictions, no matter how minor they may seem, can impact your ability to remain in or return to the United States.
- Extensive Experience with High-Stakes Cases: We have defended clients facing a wide range of criminal charges with immigration consequences, from DUI and drug offenses to aggravated felonies, reentry after deportation, and fraud. We understand the nuances of both immigration and criminal court systems and know how to build strategic defenses tailored to each client’s unique situation.
- Comprehensive, End-to-End Support: Our work doesn’t end when the criminal case does. We help clients from initial arrest through immigration hearings, appeals, and post-conviction relief when necessary. Whether you need a motion to vacate, a waiver of inadmissibility, or a green card renewal after a criminal case, we can assist you at every stage.
- Multilingual Legal Services: Communication is key to building trust and achieving successful outcomes. Our team includes attorneys and staff who are fluent in several languages, including Spanish, Thai, Russian, and others. This allows us to serve diverse immigrant communities in Cleveland, Ohio, and across the state with sensitivity and clarity.
- Accessible Locations Across Ohio: With offices conveniently located in Columbus, Oxford, and Independence, we make it easy for clients across the region to access the legal help they need. We also offer virtual consultations and flexible appointment times to accommodate your schedule.
- Passion for Helping Immigrants and Their Families: At the heart of our practice is a genuine passion for helping individuals and families achieve stability, security, and peace of mind. We know that a criminal accusation can jeopardize not only your legal status but also your dreams for the future. That’s why we approach every case with compassion, determination, and a fierce commitment to results.
If you're facing criminal charges as a non-citizen in Cleveland or if you’ve already been convicted and are worried about the immigration consequences, don’t wait to seek experienced legal help. Contact Bartell, Georgalas & Juarez today. We’re here to fight for you, protect your rights, and work toward securing your place in this country.
Contact Bartell, Georgalas & Juarez Today for Strategic Immigration Criminal Defense in Cleveland, Ohio
If you are a non-citizen facing criminal charges in Cleveland, Ohio, or anywhere in the state, the stakes couldn’t be higher. Your immigration status, your right to remain in the country, and your family’s future could all hang in the balance. You need a legal team that understands both the criminal justice system and immigration law and knows how to defend your rights under both.
At Bartell, Georgalas & Juarez, immigration criminal defense is what we do. With decades of combined experience and offices in Cleveland, Independence, Columbus, and Oxford, Ohio, we’re uniquely positioned to assist individuals from all walks of life, whether you’re facing charges for a DUI, drug offense, fraud allegation, or any criminal accusation that could impact your ability to stay in the U.S.
We understand that these situations are overwhelming. That’s why we offer a free, no-obligation case evaluation so you can understand your options without worrying about the cost. During your consultation, we’ll listen closely to your concerns, analyze the details of your case, and explain exactly how we can help protect your rights, your freedom, and your immigration status.
