Can I Still Fight Deportation If I Have a Criminal Record?

 Posted on August 08, 2025 in Removal Defense

For many immigrants, receiving a Notice to Appear in immigration court feels like the end of the road, especially if you have a criminal record. But a criminal conviction does not automatically mean you will be deported. In fact, many people in the Bay Area and throughout California are still able to remain in the United States through carefully prepared legal defenses.

If you or a loved one is facing removal, you need to know your rights and your options. At Hafey & Karim, our San Francisco immigration attorneys represent immigrants from all backgrounds — including Bengali, Hindi, Punjabi, Urdu, and Spanish-speaking communities — with careful, strategic removal defense.

Not Every Criminal Conviction Leads to Deportation Proceedings and Removal

Under U.S. immigration law, certain criminal convictions can trigger deportation. These include what the law defines as "aggravated felonies," "crimes involving moral turpitude," and some drug offenses. But not all charges meet these definitions, and in some cases, even a conviction that sounds serious might not be deportable under the law.

For example, a simple misdemeanor drug possession charge may not automatically make you deportable, depending on the circumstances. Similarly, some theft offenses or assault charges may be classified differently based on how the case was handled in court. The immigration consequences of any charge depend on:

• The exact statute you were convicted under

• The sentence imposed (even if suspended)

• Whether the conviction meets the legal definitions used in immigration law

Immigration law uses very specific terms that do not always match the way criminal courts describe offenses. 

What Deportation Defenses Are Available if You Have a Criminal Record?

If you are in removal proceedings and have a criminal record, there are still several forms of relief that may allow you to stay in the country legally. Some of the most common include:

Cancellation of Removal (for non-permanent residents)

You may qualify if you have lived in the U.S. for at least 10 years, have good moral character, and your removal would cause exceptional hardship to a U.S. citizen or permanent resident spouse, parent, or child. Certain criminal offenses can disqualify you, but not all.

Adjustment of Status

If you are eligible to apply for a green card through a family member and meet the legal requirements, you may be able to stop removal through adjustment. Some waivers are available for people with criminal records, especially when strong family ties are present.

Post-Conviction Relief

In some cases, it is possible to reopen a criminal case and change the outcome. If a conviction was entered without proper advice on immigration consequences, something that happens far too often, you may be able to challenge it.

Asylum or Withholding of Removal

If you fear persecution in your home country, you may still qualify for humanitarian protection. However, certain criminal convictions may bar eligibility, so these cases require careful legal strategy.

Have You Received a Notice to Appear? Here’s What to Do Next

If you have been detained by ICE or received a Notice to Appear, time is critical. Do not speak to officers without consulting a lawyer. Even if you have been told that your record guarantees deportation, you should not give up without understanding your options.

At Hafey & Karim, we are committed to defending the rights of immigrants throughout San Francisco and the Bay Area. We serve clients from South Asian, Muslim, and immigrant communities with respect, cultural understanding, and strategic legal skill. Attorney Karim is fluent in Bengali, and we have interpreters available in Spanish, Hindi, Punjabi, and Urdu.

Contact a San Francisco, CA Removal Defense Lawyer

If you are facing deportation with a criminal record, it may feel like the odds are stacked against you, but you are not alone. Our Bay Area immigration attorneys will carefully review your case, explain your options, and fight for the best possible outcome. To schedule a confidential consultation, call Hafey & Karim at 214-506-0671 today.