People generally mean well and do their best at all times.  However, you can safely assume that no one in criminal court knows anything about immigration law – nor should they.  This is one reason why small criminal cases can lead to huge immigration problems.  They are two completely different legal systems!

People generally mean well and do their best at all times.  However, you can safely assume that no one in criminal court knows anything about immigration law – nor should they.  This is one reason why small criminal cases can lead to huge immigration problems.  They are two completely different legal systems!

I'm always surprised that more people don't realize this, but it is true.  If someone in criminal court tells you “You're all set.”, then it probably means ONLY with criminal court.  It almost never means your are all set with Immigration!

I recently had a client who pled guilty to a seemingly small charge.  She got probation, and afterward everyone in criminal court said she was “all set.”  A few months later she went to her home country, but when she tried to reenter the U.S. she was arrested by immigration.  She was in prison for over a month while we sorted out her case in immigration court.  The ending was a happy one, but the lesson is clear:  “You're all set” in criminal court does NOT mean “you're all set” with immigration.

As of now, no one in the criminal court system – or even a criminal defense attorney – is required to know anything about immigration law.  Most courts must warn people that there may be immigration consequences to their criminal plea, but that is where their obligation ends.

Pleading guilty or no contest to even a small criminal charge could land you in deportation proceedings.  So, no matter what they tell you in criminal court, find out the immigration consequences on your own.  It's best to find out immigration consequences of a criminal case BEFORE you plead guilty or cut a deal.  If it's too late for that, then you need to find a qualified immigration attorney or a qualified immigration assistance group.  Get the truth before it's too late.