When a non-citizen is arrested, accepts a plea agreement, or is convicted of a crime, the consequences can extend far beyond the criminal justice system. Decisions made during a criminal case may affect immigration status, eligibility for lawful permanent residence or citizenship, and even lead to removal proceedings.
At a recent American Immigration Lawyers Association (AILA) conference, Cohen Forman Barone Partner and Head of Immigration Cory Forman shared insights on navigating these complex issues at the intersection of criminal and immigration law—commonly known as crimmigration. As the founder of the firm’s Crimmigration Division, Cory has spent decades helping non-citizens understand and minimize the immigration consequences of arrests, convictions, and sentencing decisions.
Why Crimmigration Matters
Many people assume that only felony convictions trigger immigration consequences. In reality, even an arrest, a plea agreement, or the specific sentence imposed can significantly impact a person’s immigration status. Certain criminal offenses may affect eligibility for lawful permanent residence, naturalization, asylum, or other immigration benefits, while others may lead to detention or removal proceedings before the Executive Office for Immigration Review (EOIR).
Immigration law analyzes criminal cases differently than criminal courts do, so legal strategies that resolve a criminal matter may unintentionally create long-term immigration consequences.
The Importance of Early Legal Strategy
One of the most critical aspects of crimmigration is understanding immigration consequences before a criminal case is resolved. Decisions made during plea negotiations, sentencing, or post-conviction proceedings can have lasting effects on a non-citizen’s ability to remain in the United States.
Cory’s practice focuses on developing defense strategies that account for both criminal and immigration outcomes. In 2007, he established Cohen Forman Barone’s Crimmigration Division to help clients navigate this complex area of law, including deportation defense, post-conviction relief, immigration waivers, and criminal plea strategies designed to minimize immigration consequences whenever possible.
Experienced Representation at the Intersection of Two Legal Systems
Before leading the firm’s Immigration Department, Cory began his legal career with the Legal Aid Society’s Criminal Defense Division, representing thousands of non-citizens in criminal proceedings. Today, he continues to lecture nationwide on crimmigration issues while serving on the Board of Governors of the American Immigration Lawyers Association (AILA).
When criminal and immigration law overlap, experience in both areas is essential. Understanding how arrests, convictions, and sentencing decisions interact with federal immigration law can make a meaningful difference in protecting a person’s future.
FAQs
FAQ 1
What is crimmigration?
Crimmigration is the intersection of criminal law and immigration law. It focuses on how arrests, criminal convictions, plea agreements, and sentencing decisions can affect a non-citizen’s immigration status.
FAQ 2
Can an arrest affect immigration status?
Yes. Even without a conviction, an arrest may impact certain immigration applications or trigger additional scrutiny depending on the circumstances.
FAQ 3
Why should immigration consequences be considered before accepting a plea?
A plea agreement that resolves a criminal case may still create serious immigration consequences, including inadmissibility or deportation. Coordinating criminal and immigration legal strategies is often critical.
