For non-U.S. citizens residing in New Jersey, facing any criminal arrest or charge can carry life-altering immigration consequences, far beyond the typical state penalties of fines, probation, or jail time. A criminal conviction, and sometimes even just an arrest, can lead to deportation, denial of re-entry to the United States, or the inability to obtain or maintain lawful immigration status, including a green card or visa.   

Understanding these severe and often complex implications is paramount from the very beginning of any criminal case. Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, is keenly aware of the high stakes involved when non-citizens face criminal charges. While Mr. Rosen focuses on providing a vigorous criminal defense in New Jersey state and municipal courts, this page offers crucial insights into how the New Jersey criminal justice system intersects with federal immigration law.

The Critical Intersection: New Jersey Criminal Law & U.S. Immigration Law

It is essential for non-citizens to understand that immigration law is federal law, and its consequences are distinct from and often more severe than state-level criminal penalties. A resolution that might seem favorable in a New Jersey criminal court (like a plea to a lesser offense or a sentence of probation) could still trigger devastating immigration outcomes.

Therefore, an “immigration-aware” criminal defense strategy is not just beneficial—it’s a necessity. This involves analyzing how specific New Jersey charges and potential plea bargains could be interpreted under complex federal immigration statutes.

Key Immigration Law Concepts for Criminal Cases

Several categories of criminal conduct are particularly perilous for non-citizens:

• Crimes Involving Moral Turpitude (CIMT):

  • What it is: “Moral turpitude” is a legal concept that refers to conduct considered inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. There isn’t a definitive list of CIMTs; classification often depends on the specific statute of conviction and the facts of the case, as interpreted by immigration courts and federal case law.   
  • Examples of NJ offenses that may be considered CIMTs: Certain theft offenses (like shoplifting or theft by deception), fraud offenses, some assault offenses (especially those involving deceit or an evil intent), perjury, and offenses involving lewd intent.   
  • Potential Immigration Consequences: A conviction for a CIMT can make a non-citizen deportable, particularly if the crime was committed within five years of admission to the U.S. and carries a potential sentence of one year or more, or if convicted of two or more CIMTs at any time after admission. CIMTs can also render an individual inadmissible, preventing them from obtaining a visa, green card, or re-entering the U.S.   
    
     

• Aggravated Felonies (under INA § 101(a)(43)):

  • What it is: This is a category of offenses specifically defined under Section 101(a)(43) of the Immigration and Nationality Act (INA). Crucially, an offense does not need to be classified as a “felony” under New Jersey law to be considered an “aggravated felony” for immigration purposes. Even some misdemeanors or disorderly persons offenses in NJ could, depending on the sentence or specific elements, fall under this federal definition.
  • Examples of offenses that could be treated as aggravated felonies (this list is not exhaustive): Murder, rape, sexual abuse of a minor, illicit trafficking in controlled substances, illicit trafficking in firearms, theft offenses (including shoplifting or receiving stolen property) for which the term of imprisonment is at least one year, crimes of violence for which the term of imprisonment is at least one year, fraud or deceit offenses where the loss to the victim(s) exceeds $10,000, and many others.   
  • Severe Immigration Consequences: A conviction for an offense deemed an aggravated felony carries some of the harshest immigration penalties. These include virtually mandatory deportation, ineligibility for most forms of relief from removal (like asylum or cancellation of removal), and a permanent bar to re-entering the United States.   
    
     

• Other Triggering Offenses:

  • Controlled Substance Offenses: Virtually any conviction relating to controlled substances (except for a single offense of simple possession of 30 grams or less of marijuana for personal use) can be a ground for deportation and inadmissibility.
  • Firearms Offenses: Many convictions involving firearms can lead to deportation.   
  • Domestic Violence Crimes: Convictions for crimes of domestic violence, stalking, child abuse, or violation of protection orders can trigger deportation.   
    
     

Severe Immigration Consequences of NJ Criminal Convictions

A criminal conviction in New Jersey can lead to a range of devastating immigration outcomes for non-citizens, including:

• Deportation (Removal): Being formally removed from the United States.
• Inadmissibility: Being barred from lawfully entering the U.S., or from obtaining a visa or adjusting status to that of a lawful permanent resident (green card holder).
• Denial of Naturalization: Being unable to become a U.S. citizen.   
• Loss of Lawful Status: Revocation or termination of a green card, visa, DACA, TPS, or other immigration benefits.
• Mandatory Detention: In some cases, non-citizens with certain criminal convictions are subject to mandatory detention by Immigration and Customs Enforcement (ICE) without bond while their removal proceedings are pending.   
  
   

How a Knowledgeable NJ Criminal Defense Attorney Can Help

While Brett M. Rosen, Esq. is a criminal defense attorney and not an immigration lawyer, his understanding of the potential immigration impact of New Jersey criminal charges is crucial when representing non-citizen clients. He can:

• Early Assessment: Analyze the specific New Jersey charges you face and identify potential red flags for immigration purposes from the outset.
• Strategic Plea Negotiations: Vigorously negotiate with prosecutors to seek a plea agreement to an alternative offense that may carry less severe, or ideally no adverse, immigration consequences. This might involve pleading to a charge that is not considered a CIMT or an aggravated felony, or one that does not trigger other deportability grounds.
• Sentencing Advocacy: In cases where a conviction is unavoidable, advocate for a sentence structured to minimize the risk of triggering certain immigration definitions (e.g., seeking a sentence of less than one year for certain theft or violence offenses to potentially avoid an aggravated felony classification).
• Vigorous Trial Defense: If a “safe” plea agreement cannot be reached, Mr. Rosen is prepared to take your case to trial and aggressively defend your rights, aiming for an acquittal.   
• Collaboration with Immigration Counsel: Strongly advise and encourage non-citizen clients to consult with a qualified immigration attorney. Effective defense often requires a coordinated strategy between criminal defense counsel and immigration counsel to fully address both aspects of the client’s jeopardy.   
  
   

Frequently Asked Questions (FAQs)

Q: I’m a green card holder (lawful permanent resident). Can I still be deported if convicted of a crime in NJ? A: Yes. Lawful permanent residents are not immune from deportation. Convictions for certain offenses, including aggravated felonies, CIMTs, controlled substance offenses, and others, can lead to the loss of your green card and removal from the U.S.   

Q: Will a disorderly persons offense or petty disorderly persons offense in NJ affect my immigration status? A: Potentially, yes. While generally less severe than indictable crimes, some disorderly persons offenses could still be considered CIMTs depending on the specific facts and the elements of the offense. Multiple convictions for even minor offenses can also create problems. It’s never safe to assume a “minor” offense won’t have immigration consequences.

Q: What if the criminal charges against me in New Jersey are dismissed? Can that still impact my immigration? A: Generally, a dismissal of charges without a conviction is the best outcome for immigration purposes. However, immigration authorities may still look at the circumstances of an arrest. It’s important to ensure the dismissal is complete and does not involve any admission of guilt that could be used by immigration officials.

Q: Does expunging a conviction in New Jersey help with my immigration status? A: This is a critical point of misunderstanding. For federal immigration purposes, a New Jersey state expungement generally does not erase or eliminate a conviction. Immigration authorities can typically still see and consider expunged convictions when making decisions about admissibility, deportability, or naturalization.   

Q: What should I tell my criminal defense lawyer about my immigration status? A: It is absolutely crucial to inform your criminal defense attorney about your non-citizen status from your very first meeting. This allows your attorney to factor in potential immigration consequences when developing a defense strategy and negotiating with prosecutors.

Q: How is an “aggravated felony” for immigration different from a “felony” under New Jersey law? A: “Aggravated felony” is a term specifically defined in federal immigration law. Many offenses that are considered felonies under NJ law are also aggravated felonies. However, some NJ misdemeanors or even disorderly persons offenses could be treated as aggravated felonies for immigration purposes, particularly if they involve a certain sentence length (e.g., one year or more for a theft or crime of violence). Conversely, not every NJ felony is automatically an aggravated felony. The analysis is specific to the federal definition.

Protect Your Future: Seek Experienced Criminal Defense Aware of Immigration Risks

If you are not a U.S. citizen and are facing any criminal charge in New Jersey, the stakes are incredibly high. Your ability to remain in the United States, with your family and your life here, could be at risk. It is essential to secure representation from a criminal defense attorney who understands these potential immigration pitfalls.

Brett M. Rosen, Esq. is committed to providing a robust defense against criminal charges while remaining sensitive to the profound impact these cases can have on his non-citizen clients.

Contact Brett M. Rosen, Esq. today for a free and confidential consultation to discuss your New Jersey criminal charges and how he can help protect your rights and future. 908-312-0368

Disclaimer: This webpage contains general information about the potential immigration consequences of New Jersey criminal arrests and convictions and is for informational purposes only. It does not constitute legal advice and is not a substitute for consultation with a qualified attorney. The information provided is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.