Key Takeaways
- A criminal charge or conviction in Colorado can trigger deportation proceedings, visa denial, or loss of a green card, regardless of how long you’ve lived here or how minor the charge seems.
- Not all charges carry the same immigration risk. Aggravated felonies, crimes involving moral turpitude, and most drug offenses carry the most severe consequences under federal immigration law.
- How a charge is resolved often matters more than what you’re charged with. A skilled crimmigration attorney may be able to negotiate a plea to a non-deportable offense, but only if they understand both criminal defense and immigration law at the same time.
- Time is critical. Decisions made in the first days after an arrest can permanently affect your right to remain in this country. Do not plead guilty to anything before consulting an attorney who handles both criminal and immigration law.
Facing criminal charges is terrifying enough. For non-citizens in Colorado, it’s even more complicated, because the consequences extend far beyond the courtroom.
One criminal case. Two legal systems. Both are operating at the same time.
If you hold a green card, a work visa, DACA status, or are undocumented, a charge or conviction in Colorado doesn’t just put your freedom at risk. It can activate a parallel process in immigration court that leads to deportation, bars you from ever returning, or permanently blocks you from adjusting your status. You and your family could lose everything you’ve built here, over a single charge.
At the Law Offices of Miguel Martínez, P.C., we’ve represented thousands of families and individuals in exactly this situation. Miguel Martínez came to this country as an immigrant from Mexico. He served as a field medic in Vietnam, went on to become an Assistant District Attorney and then an Assistant U.S. Attorney, and has practiced criminal defense and immigration law in Colorado since 1989. He knows both systems from the inside, and he understands, personally, what is truly at stake when they collide.
This guide explains what you need to know right now.
What Types of Criminal Charges Can Affect Your Immigration Status in Colorado?
Under federal immigration law, specifically the Immigration and Nationality Act (INA), certain categories of criminal offenses can make a non-citizen deportable, inadmissible, or both. The category that applies to your specific charge, and the exact statute you’re convicted under, determines what happens next.
Aggravated Felonies
Aggravated felonies carry the most severe immigration consequences under current federal law. Despite the name, this category includes offenses that are not necessarily felonies under Colorado state law, including certain drug offenses, theft crimes above a specific dollar threshold, and crimes of violence with a sentence of one year or more imposed.
Under current federal immigration law, a conviction for an aggravated felony can result in mandatory removal, meaning an immigration judge has very limited discretion to weigh your family ties, your years of residence, or any other equities. It can also permanently bar re-entry into the United States.
Crimes Involving Moral Turpitude (CIMT)
“Crime involving moral turpitude” is a legal term that covers offenses generally understood to involve dishonesty, fraud, or conduct that shocks the conscience, assault, theft, fraud-based offenses, and certain domestic violence charges among them.
One CIMT conviction may make you deportable. Two convictions at any point in time create a separate, stronger deportability ground. The definition is notoriously broad and frequently contested. Whether a specific offense qualifies as a CIMT depends heavily on the exact statutory language of the crime of conviction, not just on what happened factually. This is one reason why the precise plea you enter matters as much as the underlying conduct.
Drug Offenses
A single drug conviction, including simple possession, can make a non-citizen deportable and, in most cases, permanently inadmissible. Colorado’s legalization of marijuana does not change federal immigration law. Marijuana remains a controlled substance under federal statute, and a marijuana-related conviction can still result in serious immigration consequences, including inadmissibility.
This is an area where assumptions are especially dangerous. Clients regularly come to us after being told a first-time possession charge won’t be a problem. Under immigration law, that assurance is not always accurate, and the consequences of acting on it can be irreversible.
Domestic Violence, The “Triple Whammy”
Domestic violence charges create three simultaneous immigration risks: deportability under the domestic violence ground, potential classification as a crime involving moral turpitude, and, in cases involving a protective order violation, a third separate deportability ground.
If you’re a non-citizen facing domestic violence charges in Colorado, this is one of the highest-risk situations from an immigration standpoint. It requires immediate representation by an attorney who understands both the criminal defense strategy and the immigration consequences of every possible resolution.
DUI and DWAI, More Dangerous Than Most People Think
The common wisdom says a first DUI probably won’t affect your green card. That probably isn’t good enough when your entire life in this country is on the line.
Whether a DUI qualifies as a crime involving moral turpitude depends on the specific statute, the facts, and aggravating factors, and the analysis is not always straightforward. More importantly, in Colorado’s current enforcement environment, a DUI can surface other issues on your record, raise questions about good moral character at green card renewal time, or draw the attention of immigration enforcement regardless of the charge itself.
According to reporting by Colorado News Line and the Colorado Sun, ICE arrested 243 individuals in the Denver metro area during 2025–2026. More than one-third of those arrests involved people with no criminal charges at all. The enforcement climate is active. A charge that “probably won’t matter” may still be the event that places you in removal proceedings, and your family in crisis.
| Charge Type | Deportable? | Inadmissible? | Can Bar Future Status? |
| Aggravated Felony | Yes, mandatory under current federal law | Yes | Yes |
| CIMT (single conviction) | Conditional | Yes | Conditional |
| CIMT (two or more) | Yes | Yes | Yes |
| Drug Offense | Yes (most cases) | Yes (most cases) | Possible |
| Domestic Violence | Yes | Conditional | Conditional |
| DUI / DWAI | Conditional | Conditional | Conditional |
This table reflects general categories under federal immigration law. Individual outcomes depend on the specific statute of conviction, your immigration history, your current status, and the facts of your case. Consult an attorney for analysis of your specific situation.
How Criminal Charges Affect Different Immigration Statuses
The same charge can have dramatically different consequences depending on your current immigration status. Here is what each status faces.
Green Card Holders (Lawful Permanent Residents)
A green card does not protect you from deportation. Lawful permanent residents convicted of certain offenses, including aggravated felonies, crimes involving moral turpitude, and domestic violence offenses, can be placed in removal proceedings regardless of how long they’ve held their status or how many years they’ve lived here.
For LPRs who are close to applying for naturalization, a criminal conviction can also destroy eligibility. Citizenship requires a showing of good moral character during a defined statutory period, and a conviction within that window can make you ineligible.
DACA Recipients
DACA status is particularly vulnerable. A single felony conviction, a “significant misdemeanor”, which includes DUI, domestic violence, and drug offenses, or three or more misdemeanor convictions can result in termination of DACA, followed by removal proceedings.
It’s important to note that DACA’s legal status has been subject to ongoing federal court challenges and policy shifts. If you are a DACA recipient facing any criminal charge, regardless of how minor it appears, consult an attorney immediately for guidance that reflects the current state of the law as of the date you’re reading this.
Visa Holders
Both nonimmigrant and immigrant visa holders face deportability upon conviction for certain offenses. Additionally, a conviction may render a visa holder inadmissible, meaning that if they travel outside the United States and attempt to return, they may be permanently barred from re-entry.
For individuals in the process of adjusting status or applying for a new visa category, a pending criminal charge can freeze or permanently derail that application without any separate immigration court proceeding.
Undocumented Individuals
For undocumented individuals, any criminal arrest, even for a minor offense, heightens the risk of ICE contact, detention, and expedited removal. In Colorado’s current enforcement climate, the margin for error is extremely thin.
A skilled crimmigration attorney may still be able to pursue defenses, negotiate outcomes, or identify immigration relief that isn’t obvious without deep knowledge of both systems. But speed is critical. The earlier legal counsel is engaged, the more options remain available.
Can a Plea Deal Protect My Immigration Status?
This is the most important question most non-citizens don’t know to ask, and the one most attorneys won’t explain clearly in public.
The answer is: sometimes, yes. But only with the right representation.
Here is what most people don’t realize: how a criminal charge is resolved often matters more to your immigration case than what you were originally charged with. Federal immigration law looks at the specific statute you plead guilty to, not the underlying conduct that led to the arrest. That distinction is everything.
A skilled crimmigration attorney can sometimes negotiate a plea to a different offense that carries no immigration consequences, or structure the sentence in a way that avoids triggering a specific deportability ground. A sentence of 364 days, for example, may avoid a consequence that activates at 365. Pleading to one statutory offense rather than a nearly identical one can mean the difference between staying in Colorado and being ordered removed. These aren’t technicalities; they are the exact pressure points where an experienced attorney protects what matters most.
But this strategy only works if your attorney understands both criminal law and immigration law simultaneously, and is thinking about the consequences in both systems at the moment the plea is being negotiated.
Most criminal defense attorneys in Colorado are excellent lawyers. But if they don’t deeply understand immigration law, they may negotiate a criminal resolution that looks like a win in one courtroom while quietly opening the door to removal proceedings in another. Most immigration attorneys are equally skilled, but they are rarely present at the table when a prosecutor is offering a deal, and the clock is running.
Miguel Martínez handles both. That is not common in Colorado. It is the core reason families in this situation call our office.
If you’re a non-citizen facing criminal charges in Colorado, the decisions made in the next few days could determine whether you stay in this country. Call (303) 964-3200 or schedule a consultation at our Denver or Greeley office today. Hablamos español. Llámenos hoy.
Every case is different. Whether a specific plea will protect your immigration status depends on the facts of your individual case, your immigration history, and the specific statutes involved. The above is general information, not legal advice. Outcomes vary.
What Should a Non-Citizen Do Immediately After Being Arrested in Colorado?
Every step in the first 24 to 72 hours matters. Follow this protocol.
1. Do not answer questions about your immigration status. You have the right to remain silent. Anything you say can be used in both criminal and immigration proceedings simultaneously. Exercise that right without exception.
2. Do not plead guilty to anything, not even to resolve it quickly. A fast guilty plea to what seems like a minor charge may be the easiest way out of the courthouse. It can also be the first step into immigration court. No plea should be entered before consulting an attorney who understands the immigration consequences of that specific statute.
3. Ask for an attorney immediately. You have the constitutional right to counsel before answering questions. Use it. Do not explain. Do not justify. Do not attempt to resolve anything informally.
4. Contact an attorney who handles both criminal defense and immigration law. Not one or the other, both. The overlap between these two systems requires dual competence. A criminal attorney who isn’t versed in immigration law may recommend a disposition that resolves your case in one court while ending your right to remain in this country in another.
5. Be careful what you say on recorded jail calls. All calls from detention are recorded. Keep conversations brief and do not discuss the facts of your case.
6. Write down everything you remember as soon as you’re able. What was said during the arrest, who was present, what you were told, details matter in both proceedings, and memory fades quickly.
Why Handling This Alone, or With the Wrong Attorney, Is One of the Most Dangerous Mistakes You Can Make
Justice is not freely given. And in cases where criminal court and immigration court are operating simultaneously, navigating either system alone is a risk no one should take.
A general criminal defense attorney may get your charge reduced or even dismissed, a genuine win. But if they don’t recognize that the reduced charge still qualifies as a crime involving moral turpitude, or that the plea structure triggers a separate deportability ground, that win in criminal court quietly opens a door in immigration court that may be very hard to close.
An immigration attorney can explain your exposure with precision, but they are typically not present when the prosecutor is at the table offering a deal and time is short.
The only representation that protects you in both systems at once is dual competence in both fields.
Miguel Martínez has prosecuted cases as both an Assistant District Attorney and an Assistant U.S. Attorney. He knows how prosecutors evaluate cases, how plea negotiations work, and where leverage exists. He has also represented thousands of families and individuals in immigration proceedings, fighting deportation orders, pursuing legalization, and protecting the right to remain with family in Colorado.
He came here as an immigrant. He served this country as a Vietnam field medic. He has spent over 35 years providing results-driven legal services to people who needed someone who understood both the legal dimensions of their situation and what was truly at stake for their families.
That combination, lived experience, prosecutorial background, and 35 years of dual practice, is not something you find at most firms in Denver. It is what makes the difference in cases like yours.
Protect Your Future, and Your Family’s
You built a life here. A job. A home. A family. One criminal charge should not be allowed to take all of that away without the strongest possible defense, in both courtrooms, at the same time.
The most important call you can make right now is to an attorney who has handled thousands of cases exactly like yours, and who understands that the stakes aren’t just legal. They’re personal. They’re about whether you and your family stay together in this country.
The Law Offices of Miguel Martínez, P.C., serves clients throughout Colorado from our Denver and Greeley offices. We represent non-citizens facing criminal charges and families fighting to remain together, with over 35 years of experience, a genuine understanding of both systems, and a track record helping thousands of individuals and families get justice.
Contact Our Office to Get Justice Today
Don’t wait. In cases involving criminal charges and immigration status, every day matters.
📞 Denver: (303) 747-5141
📞 Greeley: (970) 736-3952
📍 Denver: 1776 Vine St, Denver, CO 80206
📍 Greeley: 5312 W 9th St Dr Suite 130, Greeley, CO 80634
Schedule Your Consultation Now →
Hablamos español. Llámenos hoy.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration law and criminal law are complex, and the consequences of a criminal charge on immigration status vary significantly depending on the specific offense, your current immigration status, your criminal history, and the facts of your individual case. If you are a non-citizen facing criminal charges in Colorado, contact an experienced crimmigration attorney immediately. Do not make any decisions about pleading guilty or resolving a criminal charge without first consulting with an attorney who is competent in both criminal defense and immigration law. Every case is different. The Law Offices of Miguel Martínez, P.C., (303) 964-3200.
Frequently Asked Questions
Can I be deported for a DUI in Colorado?
It depends on several factors, including whether it is a first or repeat offense, any aggravating circumstances, your specific immigration status, and your broader immigration history. A DUI is not automatically classified as a deportable offense in every case, but in Colorado’s current enforcement climate, where ICE conducted hundreds of arrests in the Denver metro area in 2025–2026, even a first DUI can create real immigration risk. It can affect a good moral character finding at green card renewal, surface prior issues on your record, or attract ICE attention during a traffic stop or booking. Do not assume any DUI charge is safe without consulting a crimmigration attorney about your specific situation.
Does a misdemeanor affect my green card or DACA status?
Yes, it can, and this surprises many people. Certain misdemeanors, including domestic violence offenses, drug possession charges, and offenses classified as crimes involving moral turpitude, can make a lawful permanent resident deportable or a DACA recipient ineligible for renewal. For DACA specifically, a “significant misdemeanor”, a category that includes DUI, domestic violence, and drug offenses, can result in termination of DACA status. Never assume a misdemeanor is minor from an immigration standpoint without getting individualized legal advice first.
What should I do first if I’m a non-citizen arrested in Denver?
Exercise your right to remain silent immediately. Do not answer questions about your immigration status, your criminal history, or the facts of the arrest. Ask for an attorney before saying anything else. Then contact an attorney who handles both criminal defense and immigration law, not one or the other. Decisions made in the first 24 to 72 hours significantly affect your options in both proceedings. Call the Law Offices of Miguel Martínez, P.C. at (303) 964-3200. We handle both, and we are ready to help.
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