Immigration Consequences

Immigration Consequences of a Criminal Conviction in Missouri and Illinois

If you are not a U.S. citizen, a criminal charge in Missouri or Illinois can carry consequences far beyond fines or jail time. Even relatively minor offenses can trigger serious immigration consequences—including deportation, denial of re-entry, or loss of lawful status.

In many cases, the immigration consequences of a conviction are more severe and permanent than the criminal penalties themselves. That’s why it is critical to understand how criminal law and immigration law intersect before making any decisions in your case.

At Combs Waterkotte, we work to protect not only your freedom—but your ability to remain in the United States. Our criminal defense attorneys have over 80 years of combined experience and have successfully handled 10,000+ cases just like yours across Missouri and Illinois.

Why Immigration Consequences Are Different

Immigration consequences are governed by federal law, not state law. This means that even if a charge is resolved under Missouri or Illinois law, it can still trigger immigration penalties under federal statutes.

Under 8 U.S.C. § 1227, certain criminal convictions can make a non-citizen deportable. In addition, 8 U.S.C. § 1182 outlines grounds for inadmissibility, which can prevent someone from entering or re-entering the United States.

This means that a conviction in Missouri or Illinois can have immediate and long-term immigration consequences—regardless of the outcome in criminal court.

Criminal Offenses That Can Trigger Immigration Consequences

Certain categories of offenses are particularly likely to result in immigration penalties:

Crimes Involving Moral Turpitude (CIMTs)

These include offenses involving dishonesty or intent to harm, such as theft, fraud, or certain violent crimes. Multiple CIMT convictions, or even a single qualifying offense, can lead to deportation or inadmissibility.

Aggravated Felonies

Under federal immigration law, “aggravated felony” has a specific meaning and includes a wide range of offenses, such as:

• Violent crimes with a sentence of one year or more
• Drug trafficking offenses
• Certain theft or fraud offenses

A conviction classified as an aggravated felony can result in mandatory deportation and limited options for relief.

Drug Offenses

Most drug-related convictions, other than very limited marijuana possession cases, can trigger deportation and inadmissibility. Even minor drug offenses in Missouri or Illinois can have serious immigration consequences.

Domestic Violence and Related Offenses

Convictions for domestic violence, stalking, or violation of an order of protection can result in removal proceedings. These consequences can apply even in misdemeanor cases.

Firearm Offenses

Certain firearm-related convictions can also trigger deportation under federal law.

Plea Deals in Missouri & Illinois Can Still Lead to Deportation

One of the most important things to understand is that a plea agreement can still trigger immigration consequences. Even if a plea avoids jail time or reduces charges under Missouri or Illinois law, it may still count as a conviction under federal immigration law.

In fact, many individuals unknowingly accept plea deals that result in deportation or permanent inadmissibility. The Combs Waterkotte defense attorneys make sure you know the ins and outs of a plea deal before you make the final decision.

Under Padilla v. Kentucky, defense attorneys are required to advise non-citizen clients about immigration consequences—but these risks are often complex and require careful analysis.

When Immigration Consequences Can Begin

Immigration consequences can begin at different stages of a criminal case:

• After arrest: Immigration authorities may place a hold (ICE detainer)
• During the case: Certain charges can trigger immigration review
• After conviction: Deportation or removal proceedings may begin

In some cases, individuals may be taken into immigration custody immediately after release from criminal custody.

Can Immigration Consequences Be Avoided?

In some cases, immigration consequences can be reduced or avoided—but only with careful legal strategy.

This may include:

• Negotiating charges that do not trigger deportation
• Avoiding convictions that qualify as aggravated felonies
• Structuring plea agreements carefully
• Seeking alternative resolutions when possible

The key is to address these issues before a case is resolved—not after.

Why You Need a Defense Lawyer Who Understands Immigration Risks

Criminal and immigration law are closely connected, but they operate under different rules. A decision that seems beneficial in criminal court can have devastating immigration consequences.

At Combs Waterkotte, we take these risks seriously. We work to:

• Identify potential immigration consequences early
• Develop defense strategies that minimize long-term impact
• Help clients make informed decisions about their cases

If you are not a U.S. citizen, your defense strategy must consider more than just the criminal penalties—it must protect your ability to remain in the country.

Frequently Asked Questions About Immigration Consequences of Criminal Charges in Missouri & Illinois

Can I be deported for a misdemeanor?

Yes. Many people assume only felony convictions lead to deportation, but that is not true. Certain misdemeanor offenses—such as domestic violence, theft, or drug-related charges—can trigger removal under federal immigration law. The specific impact depends on how the offense is classified and how it is interpreted under immigration statutes.

Will a dismissed case affect my immigration status?

In some situations, yes. While a dismissal is generally better than a conviction, immigration authorities may still consider arrests, charges, or admissions when evaluating your status. Additionally, certain plea agreements or statements made during a case can still create immigration issues, even if the case is ultimately dismissed.

Can I travel outside the United States if I have a pending criminal case?

Traveling with a pending criminal case can be risky. You may face restrictions from the court, and leaving the country could create complications when trying to re-enter. In some cases, individuals are denied re-entry based on pending charges or prior arrests. It is critical to speak with an experienced defense attorney before making any travel decisions.

What happens if I have a green card?

Lawful permanent residents (green card holders) are not immune from immigration consequences. Certain criminal convictions—especially aggravated felonies, drug offenses, and crimes involving moral turpitude—can result in deportation, even for long-term residents. In some cases, there may be limited or no options to avoid removal.

Can a lawyer help prevent deportation?

Yes, but timing is critical. A criminal defense lawyer who understands immigration consequences can help structure your case to avoid or minimize immigration risks. This may involve negotiating specific charges, avoiding certain types of convictions, or pursuing alternative outcomes. Once a conviction triggers immigration consequences, options may become very limited.

Worried About Collateral Consequences in Missouri or Illinois? Speak With a Combs Waterkotte Criminal Defense Lawyer Today

If you are facing criminal charges in Missouri or Illinois and are concerned about your immigration status, do not wait. The decisions made early in your case can determine whether you are able to stay in the United States.

Call Combs Waterkotte at (314) 900-HELP or contact us online for a free, confidential consultation. We will help you understand your options and fight to protect your future.