Words to know when a criminal case touches immigration

This page explains words. It is not legal advice. The exact meaning of a word can change your whole case, so ask an immigration attorney or a DOJ accredited representative how it applies to you. This page covers only words where criminal law and immigration law meet. For general court words, ask the court's self help center.

The two big ideas

Two words come up more than any others. Learn these first.

Inadmissible. A list of reasons the government can say no when you ask to come in or to get something new, like a green card, or when you return from a trip. Crimes are one set of reasons. Health, fraud and past immigration violations are others. Being inadmissible can block a benefit even if you have lived here for years.

Deportable. A list of reasons the government can try to remove someone who was lawfully let in, like a green card holder or a visa holder. Some crimes appear on both lists. Some appear on only one.

Why it matters: the same conviction can be a problem on one list and not the other. Your lawyer will check both.

A to Z

Admission (as in "admitted to the U.S."). Being lawfully inspected and let in at a border or airport. Many rules count time "since admission." People who entered without inspection were not "admitted" in this sense.

Admission of a crime. Admitting under oath that you did the acts that make up certain crimes. For crimes involving moral turpitude and drug crimes, an admission alone can make you inadmissible, even with no arrest or conviction. USCIS says the officer must first show you the law, explain it in plain language, and put you under oath.

Aggravated felony. A federal immigration category, not a California one. Despite the name, it can include misdemeanors. It covers crimes like murder, rape, sexual abuse of a minor and drug trafficking, and also a theft or violence offense with a sentence of one year or more, even if the judge suspended all of it. It is the most serious label. It makes a green card holder deportable, blocks cancellation of removal for green card holders, and, if the conviction came after November 29, 1990, permanently blocks the good moral character needed for citizenship.

Cancellation of removal. A way an immigration judge can stop a deportation. Green card holders need 5 years with a green card, 7 years living here after being admitted, and no aggravated felony. People without a green card need 10 years here, good moral character, a qualifying family member who would suffer exceptional and extremely unusual hardship, and no disqualifying convictions. See Can I still get a green card or relief?

Categorical approach. The method courts use to decide if a conviction fits an immigration category. They compare the words of the law you were convicted under with the federal definition. They look at what the conviction necessarily proved, not at what you actually did (Moncrieffe v. Holder, 2013). That is why the exact code section in your plea matters so much.

Controlled substance offense. A drug crime. Almost any drug conviction can make you deportable. The one exception is a single offense of having 30 grams or less of marijuana for your own use. On the inadmissible list there is no such exception, and admitting a drug crime can be enough. A waiver can forgive only that one small marijuana offense.

Conviction. For immigration, a formal judgment of guilt, or a plea of guilty or no contest (or a finding or admission of guilt) plus some punishment or restraint ordered by a judge. It is wider than California's meaning. See What counts as a conviction?

Crime involving moral turpitude (CIMT). A technical category of crimes. Whether a crime fits depends on the exact law you were convicted under, so a lawyer must check. One conviction can make you inadmissible. For deportation, the rules depend on how many convictions you have and when. There is a narrow "petty offense" exception for one minor offense. See What is a crime involving moral turpitude?

Deferred entry of judgment (DEJ) (California). An old California program for drug cases where people pleaded guilty and later had the case dismissed. The dismissal did not erase it for immigration. Penal Code 1203.43 now lets many people withdraw that plea. See Clearing an old drug diversion plea.

Detainer (or "ICE hold"). A request from ICE to a jail about a person in custody. Under the Laken Riley Act, ICE must issue a detainer for some people arrested for listed crimes. California's Values Act limits when local jails help ICE. See Does California law stop local police from helping ICE?

Drug abuser or addict. A health ground, not a crime ground. A medical finding that you have a substance use disorder involving a controlled substance can make you inadmissible, with no conviction at all. It can also make a person deportable. See Is it safe to get help for drug or alcohol use?

Expungement (California). The common name for a dismissal under Penal Code 1203.4 after probation. California Courts says true expungement does not exist in California. For immigration, USCIS says an expunged conviction is still a conviction.

Good moral character (GMC). A test you must pass for citizenship, cancellation of removal and some other benefits. Some crimes block it permanently, like murder or an aggravated felony after November 29, 1990. Others block it for a set time. Being a "habitual drunkard" or lying under oath to get a benefit can also block it.

Laken Riley Act. A federal law signed January 29, 2025. It requires detention, without bond, of some people without lawful entry who are charged with, arrested for, convicted of, or admit burglary, theft, larceny, shoplifting, assault of a police officer, or a crime causing death or serious injury.

Notice to Appear (NTA). The paper that starts a case in immigration court. Being served one stops the clock for the time you need for cancellation of removal. See What a Notice to Appear means.

Padilla advice (California Penal Code 1016.3). Your defense lawyer's duty to tell you, before a plea, how it will affect your immigration status. The U.S. Supreme Court required this in Padilla v. Kentucky (2010). California law says your lawyer must give accurate, clear advice and try to avoid the harm. See Before you take a plea deal.

Pardon. Forgiveness from a governor or president. A full and unconditional pardon can waive deportation for a crime involving moral turpitude or an aggravated felony, but not for a drug conviction.

Petty offense exception. A narrow exception on the inadmissible list. It can apply if you have only one crime involving moral turpitude, the most it could carry was one year, and your sentence was not more than six months.

Post conviction relief. Going back to criminal court to fix an old case. Only some kinds help for immigration: the ones that fix a legal error. See Ways to fix an old California conviction.

Reason to believe. A low standard. The government can find you inadmissible if it has reason to believe you trafficked drugs, with no conviction.

Removal. The legal word for deportation.

Sentence (term of imprisonment). For immigration, this counts the time the judge ordered, including time that was suspended. A later change to the sentence counts only if it fixed a legal defect.

Stop time rule. The clock for cancellation of removal stops when you are served a Notice to Appear, or when you commit certain crimes, whichever comes first. A crime can stop the clock even before you are convicted of it.

Vacatur (to vacate). A court order that cancels a conviction. If a court vacates a conviction because of a legal defect, such as not being told about immigration consequences, immigration no longer counts it. If a court vacates it only to help with immigration or because you finished a program, immigration still counts it. In California, Penal Code 1473.7 is the main tool. See How to ask a court to cancel an old conviction.

Waiver. A request asking the government to forgive a ground of inadmissibility. For many crime grounds, this is the "212(h) waiver." It cannot forgive most drug crimes. See Can I still get a green card or relief?

Wobbler (California). A crime that can be charged as either a felony or a misdemeanor. A court can later reduce some wobblers to misdemeanors under Penal Code 17(b). Whether that helps for immigration depends on the crime. Ask your lawyer.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA), for San Mateo and Santa Clara county residents: 650-326-6440. Removal defense and record clearance for people with low income in San Mateo and Santa Clara counties. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Your defense lawyer or public defender, if you have an open case. For Santa Clara County cases, the Public Defender: (408) 299-7700. For San Mateo County cases, the Private Defender Program: (650) 298-4000.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• Outside California: the immigration court's list of free legal service providers, by state.
• More help: Free or low cost immigration legal help in the Bay Area

Is there a sheet I can print?

Words can feel like walls. Once you know them, they become a map. May this one help you find your way.