If you are not a U.S. citizen, how a criminal case is resolved can be as important as the criminal penalty itself. The same plea that looks routine in criminal court can sometimes affect your ability to stay in the country, return after travel, or become a permanent resident or citizen. This page is general information, not legal advice — immigration consequences depend on the specific offense and your individual situation. Se habla español.

Why Criminal Charges Matter for Non-Citizens

Immigration is governed by federal law, while criminal charges in Yuba City and Marysville are handled under California law in state court. The two systems are separate, but they overlap: federal immigration law attaches consequences to certain criminal convictions and, in some cases, to conduct or admissions even without a conviction. Because of that overlap, a defense decision made only with the criminal case in mind can have unintended immigration effects.

Deportability and Inadmissibility

Federal law (the Immigration and Nationality Act) describes two broad categories. "Deportability" generally concerns people already admitted to the U.S. who may be removable because of certain conduct or convictions. "Inadmissibility" generally affects people seeking to enter, adjust status, or return after travel. The same offense can be treated differently under each category, which is one reason these cases are so fact-specific.

Categories of Offenses That Often Raise Concerns

Whether a particular conviction carries immigration consequences depends on how the offense is defined and how the case is resolved. Some categories that frequently require careful analysis include:

  • Crimes involving moral turpitude — a federal immigration concept that can include certain theft, fraud, or violent offenses, depending on the elements
  • Controlled-substance offenses — many drug-related convictions are treated seriously under immigration law; even some misdemeanors can matter
  • Aggravated felonies — an immigration-law category (defined by federal law, not California's felony/misdemeanor labels) that can include certain offenses regardless of the state-court sentence
  • Domestic violence and related offenses — certain convictions and protective-order violations can have immigration consequences
  • Firearms offenses — some weapons convictions are specifically addressed in federal immigration law

None of these categories applies automatically. Whether an offense falls within one of them turns on the exact statute, the elements, and how the case is resolved — which is why the wording of a plea can matter so much.

How a Defense Strategy Can Help Protect Status

Under the U.S. Supreme Court's decision in Padilla v. Kentucky (2010), a criminal defense attorney is expected to advise a non-citizen client about the immigration consequences of a plea. California law reinforces this: Penal Code section 1016.5 requires the court to give a general immigration advisement before accepting a plea, and Penal Code section 1016.3 directs defense counsel and prosecutors to consider immigration consequences during plea negotiations.

In practice, that can mean analyzing the specific statute charged, looking for an alternative charge or disposition that may carry fewer immigration consequences, and documenting the record carefully. Whether any of this is possible depends entirely on the facts, the charge, and the prosecutor's position. It is not a guarantee — but going in aware of the immigration stakes is far better than discovering them afterward.

Post-Conviction Relief for Immigration Reasons

If you already have a conviction that is causing immigration problems, California law provides some avenues to challenge it. Penal Code section 1473.7 allows a person who is no longer in custody to move to vacate a conviction if they did not meaningfully understand its immigration consequences, or if there was a legal error affecting that understanding. A motion under Penal Code section 1016.5 may apply where the required advisement was not given. These motions are technical and time-sensitive, and eligibility depends on the details of the original case.

If You Are a Non-Citizen Facing Charges

  • Tell your defense attorney early that you are not a U.S. citizen, and share your immigration status and history.
  • Do not assume a "small" charge is harmless from an immigration standpoint — ask.
  • Be careful about resolving a case quickly just to get it over with; the disposition is what immigration law looks at.
  • For complex immigration questions, coordination with an immigration attorney may be appropriate.

Frequently Asked Questions

Can a misdemeanor affect my immigration status?

Sometimes. Immigration consequences depend on the specific offense and your situation, not just whether a crime is a misdemeanor or felony under California law. Some misdemeanors, such as certain controlled-substance or domestic-violence offenses, can carry serious immigration consequences. Each case should be reviewed individually.

What is an immigration-safe plea?

It is a plea negotiated with immigration consequences in mind. In some cases an attorney may be able to seek an alternative charge or disposition that reduces or avoids certain immigration consequences. Whether that is possible depends entirely on the facts and the law that applies — it cannot be promised in advance.

I already pled guilty. Is it too late?

Not necessarily. Depending on the facts, a motion under Penal Code section 1473.7 or 1016.5 may be available to challenge an older conviction. These motions have specific requirements and timing rules, so it is worth having the original case reviewed.

Primary legal sources

Written and reviewed by Tony Carlos, California criminal defense attorney and former Sutter County prosecutor. Juris Doctor, University of the Pacific, McGeorge School of Law, 2009. This page is general information about California and federal law and is not legal advice; immigration consequences are highly fact-specific. Last reviewed: June 2026.