Have you ever been arrested, cited, fingerprinted, or detained — anywhere in the world — for anything other than a routine moving violation?
In short
**Different categories of crime trigger different bars and different fixes.** Crimes involving moral turpitude → INA § 212(a)(2)(A)(i)(I), with the petty-offense and youthful-offender exceptions and the § 212(h) waiver. Controlled-substance offenses → INA § 212(a)(2)(A)(i)(II), with a *single* 30-grams-of-marijuana exception under § 212(h). Domestic violence → deportability under INA § 237(a)(2)(E). Aggravated felonies → INA § 101(a)(43), the most punishing category, generally bars cancellation, asylum, and most relief. Each requires a different strategy: post-conviction relief, waiver, prosecutorial discretion, or restructured plea.Context & Examples
Real example — Jorge, Sacramento. Jorge took a 2009 plea to misdemeanor petty theft (PC 484) for a $40 grocery-store incident at age 22. His public defender told him to take the deal — "just probation, no jail." The case was "expunged" under PC 1203.4 in 2014. When Jorge filed his marriage-based green card in 2024, USCIS issued a Notice of Intent to Deny: petty theft is a categorical CIMT, the expungement does not erase the immigration consequence, and the petty-offense exception under § 212(a)(2)(A)(ii)(II) was unavailable because the maximum possible sentence exceeded one year.
The attorney move: We filed a motion to vacate under California Penal Code § 1473.7 arguing the defense attorney never advised about immigration consequences — direct Padilla v. Kentucky claim. Sacramento Superior Court vacated the conviction in 4 months. With no conviction on the record, the green card was approved without a waiver.
Why timing is everything: Post-conviction relief works before USCIS makes a final decision. After a denial, the same fix becomes much harder.
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