Working with Criminal Defense Attorneys on Immigration Matters

Ensuring Non-Citizens Understand the Immigration Consequences of Criminal Charges and Convictions

Navigating the Intersection of Criminal & Immigration Law

For non-citizens, a criminal charge or conviction can have devastating consequences beyond the criminal justice system. It can trigger deportation, inadmissibility, loss of lawful status, or detention by immigration authorities. Many immigrants unknowingly accept plea deals that carry severe immigration penalties—only realizing the consequences after it’s too late.

At Benach Pitney Reilly Immigration, we work closely with criminal defense attorneys to ensure that non-citizens facing criminal charges understand their immigration risks and have a strong legal strategy to protect their status in the U.S.

If you are a non-citizen facing criminal charges, consulting an immigration attorney before taking any legal action is critical.

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Why Legal Representation is Crucial for Immigrants Facing Criminal Charges?

Many criminal convictions carry automatic immigration consequences, including:

  • Deportability & Removal Proceedings – Certain offenses trigger immediate deportation or make a non-citizen ineligible for relief.
  • Inadmissibility – Some convictions prevent a non-citizen from obtaining a green card or re-entering the U.S.
  • Loss of Lawful Status – Visa holders, DACA recipients, and green card holders can lose their status after certain convictions.
  • Detention & Bond Issues – ICE may detain individuals without bond if a conviction classifies as a “mandatory detention” offense.


A strong legal defense is the best way to minimize or avoid these consequences.

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Understanding Immigration Consequences of Criminal Charges

Immigration laws classify criminal offenses into different categories, with varying consequences:

Deportable Offenses:

  • Aggravated felonies (drug trafficking, murder, fraud over $10,000)
  • Crimes involving moral turpitude (CIMTs) (theft, domestic violence, fraud)
  • Controlled substance offenses (even minor drug possession)
  • Firearm offenses
  • Certain multiple convictions


Inadmissible Offenses:

  • Drug-related convictions (except simple marijuana possession)
  • Prostitution offenses
  • Crimes of fraud or deception
  • Significant criminal activity linked to trafficking or smuggling


Crimes with Mandatory Immigration Detention:

  • Aggravated felonies
  • Drug trafficking offenses
  • Terrorism-related crimes
  • Two or more CIMTs (Crimes Involving Moral Turpitude)


Even non-violent offenses can result in serious immigration consequences. A plea deal that seems beneficial in criminal court could still lead to deportation.

Key Legal Services Benach Pitney Reilly Immigration Provides for Non-Citizens Facing Criminal Issues

At Benach Pitney Reilly Immigration, we provide comprehensive legal support for immigrants dealing with criminal charges, helping them avoid unnecessary immigration penalties.

✅ Advising Criminal Defense Attorneys on Immigration Consequences

  • Working with criminal defense attorneys to craft plea agreements that minimize immigration risks.
  • Determining whether a proposed conviction triggers deportability or inadmissibility.
  • Offering guidance on alternative sentencing options that preserve immigration status.


✅ Representing Immigrants in Removal Proceedings

  • Defending individuals facing deportation due to criminal convictions.
  • Seeking relief from removal, including waivers, cancellation of removal, and asylum protections.
  • Filing motions to terminate removal proceedings when immigration laws allow.


✅ Seeking Post-Conviction Relief for Immigration Purposes

  • Filing motions to vacate, modify, or overturn criminal convictions that carry immigration consequences.
  • Pursuing sentence modifications and pardons to restore immigration eligibility.
  • Assisting with expungements (in some cases) to clear criminal records that affect status.


✅ Assisting with Bond Hearings for Immigrants in ICE Custody

  • Arguing for release from ICE detention after an arrest.
  • Presenting strong legal defenses to demonstrate why a client is not a flight risk or public safety concern.
  • Filing motions to reconsider detention rulings when bond is initially denied.


✅ Filing Federal Appeals & Challenging Unfair Immigration Consequences

  • Fighting unjust deportation orders based on wrongful convictions.
  • Challenging misapplications of immigration law in criminal cases.
  • Filing federal court petitions to reverse USCIS and immigration court decisions.


Our firm collaborates with criminal defense attorneys to protect non-citizens from unintended immigration penalties.

Common Challenges in Criminal-Immigration Cases

Common Challenges in Criminal-Immigration Cases

  • Lack of Awareness: Many non-citizens plead guilty without realizing their case carries deportation risks.
  • Misinformation from Criminal Defense Attorneys: Some defense attorneys are unaware of immigration law consequences.
  • Inability to Vacate Convictions: Post-conviction relief is not guaranteed and must be done strategically.
  • Deportation Before Legal Remedies Are Exhausted: ICE may deport individuals before they get a chance to challenge removal.


Immigrants charged with a crime need legal guidance from an attorney who understands both criminal and immigration law.

Why Partner with Benach Pitney Reilly Immigration?

At Benach Pitney Reilly Immigration, we have extensive experience handling criminal-immigration cases, ensuring non-citizens get the best possible outcome.

✅ Expertise in Immigration & Criminal Law Intersection – We navigate the complexities of deportation defense, post-conviction relief, and federal appeals.
✅ Collaboration with Criminal Defense Attorneys Nationwide – We help defense attorneys structure plea deals that protect immigration status.
✅ Proven Track Record in Removal Defense & Federal Appeals – We fight unjust deportation orders related to criminal charges.
✅ Strong Advocacy in Bond Hearings & Post-Conviction Relief – We work to prevent deportation and secure release from ICE custody.

If you are a non-citizen facing criminal charges, we can help protect your immigration status and your future in the U.S.

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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.