Criminal and Immigration Lawyer: Protect Status & Work
Need a criminal and immigration lawyer in Orlando? Learn how charges affect visas and I-765 EADs. Call 1-844-967-3536 for help.
Vasquez Law Firm
Published on January 7, 2026
Criminal and Immigration Lawyer: Protect Your Status, Your Case, and Your Right to Work
If you are a noncitizen facing an arrest, a pending charge, or a past conviction, you may need a criminal and immigration lawyer—not just one or the other. A criminal case can trigger immigration consequences like detention, removal (deportation), or a visa denial. It can also affect whether you can file or renew a work permit (Employment Authorization Document, or EAD) through Form I-765. Below, we break down what the latest USCIS information means, what the law says, and what steps protect you and your family.
Worried your criminal case could affect immigration or your work permit? Speak with our team today. Se Habla Español. Call 1-844-967-3536 or request a free consultation.
1) What the I-765 (Work Permit) News Means for Orlando Residents
USCIS is clear: eligibility and timing matter
Many people learn about Form I-765 only after they have an urgent need to work. Others discover it when they have a pending immigration case, like asylum or adjustment of status. USCIS publishes guidance on the USCIS website and updates related pages that can impact how, when, and whether you should file.
Recent public attention has pointed people back to USCIS’s I-765 materials, including this news link: USCIS I-765 (Application for Employment Authorization) coverage. Even when “the form looks simple,” the eligibility rules behind it can be complex—especially if there is a criminal arrest or conviction in the background.
Why this hits harder in Orlando’s real world
In orlando, many families depend on steady work in hospitality, construction, healthcare support, and service industries. A delayed EAD renewal or a denied I-765 can mean missed rent, missed bills, and serious stress.
But the bigger issue is this: a criminal case can change your immigration category, your risk level, and even your ability to keep benefits. That is where a criminal and immigration lawyer becomes essential.
The hidden link between I-765 and criminal issues
USCIS may ask about arrests and charges. Certain outcomes can create “inadmissibility” problems, “removability” problems, or discretionary denials. Even if a case is dismissed later, the process can still cause delays if it is not handled correctly.
That is why smart planning often starts before a plea is entered—or even before first appearance in criminal court.
2) Why Criminal Charges Can Change Your Immigration Future
Removability vs. inadmissibility (and why both matter)
Immigration law treats criminal conduct in two main ways:
- Removability: whether the government can remove you from the U.S. (often tied to convictions after admission).
- Inadmissibility: whether you can enter the U.S., adjust status, or get certain benefits (often tied to past conduct and specific offenses).
These rules come from the Immigration and Nationality Act (INA), including grounds found in 8 U.S.C. § 1182 (inadmissibility) and 8 U.S.C. § 1227 (deportability/removability).
Common charges that create immigration danger
Not every charge leads to deportation. But certain types are high-risk, including:
- Drug offenses (even small amounts can be serious)
- Domestic violence-related allegations
- Theft or fraud offenses (often analyzed as “crimes involving moral turpitude”)
- Firearm-related offenses
- Violations that may be labeled an “aggravated felony” under immigration law
Immigration labels do not always match Florida criminal labels. A plea that seems minor in state court may still cause major immigration harm. This is a key reason to work with a criminal and immigration lawyer who understands both systems.
Your criminal lawyer must consider immigration consequences
The U.S. Supreme Court has recognized that immigration consequences can be a major part of a criminal case. In Padilla v. Kentucky, 559 U.S. 356 (2010), the Court held that defense counsel has a duty to advise a client about clear immigration consequences of a plea.
In practice, that means your strategy should be built around both goals: defending the criminal case and protecting immigration status whenever possible.
3) Form I-765, EADs, and How Criminal History Can Affect Work Authorization
What Form I-765 does (and what it does not do)
Form I-765 is used to request an Employment Authorization Document (EAD). It does not give you lawful status by itself. It is tied to an underlying category (for example, certain asylum applicants, adjustment applicants, TPS, and others).
USCIS rules for employment authorization appear in federal regulations, including 8 C.F.R. § 274a.12 (classes of aliens authorized to accept employment).
How arrests or pending charges can slow or derail an EAD
Depending on your category, USCIS may request more evidence (RFE), issue a Notice of Intent to Deny (NOID), or schedule additional review. Common problems include:
- Fingerprints revealing an arrest you thought was “sealed” or “gone”
- Confusion about dispositions (no final court record provided)
- A pending case that makes USCIS wait for the outcome
- Admissions in records that create immigration issues even without a conviction
Strong documentation matters. Certified dispositions, police reports when needed, and a clear legal explanation can reduce delay and risk.
EAD renewals, travel, and consular processing risks
Some people plan travel while an EAD renewal or green card case is pending. If you must deal with a consulate or visa processing, it is smart to review the U.S. Department of State guidance on U.S. visas and consular processing. Criminal issues can lead to visa refusals and long delays abroad.
If you are already in proceedings, the immigration court system is separate from USCIS. For court structure and updates, the Executive Office for Immigration Review (EOIR) is the official source.
Don’t file “blind” if you have any arrest history. One mistake can cost months. Se Habla Español. Call Vasquez Law Firm, PLLC at 1-844-967-3536 to review your I-765 and your criminal/immigration risk before you submit.
4) What to Do If You’re Arrested and You Have an Immigration Case
Step-by-step: the first 48 hours matter
If you are arrested (or a loved one is), take these steps quickly:
- Do not discuss immigration status with police. Ask for a lawyer.
- Do not accept a plea deal “to go home faster.” A fast plea can create a permanent immigration problem.
- Gather documents. Prior immigration filings, receipts, and any past court records help your legal team assess risk.
- Get certified dispositions. Immigration decisions often depend on exact court outcomes.
In orlando, many criminal cases run through the Orange County area court system. Coordinating the criminal timeline with immigration deadlines is critical.
ICE holds, detainers, and “why am I not being released?”
Some people are surprised when release is delayed. A criminal case can lead to immigration interest, especially if fingerprints are shared and immigration enforcement becomes involved.
If you suspect an immigration hold or you have prior removal history, you need a plan that addresses both systems. A criminal and immigration lawyer can coordinate with criminal defense counsel, review immigration exposure, and help you avoid outcomes that trigger mandatory detention or removal grounds.
“Immigration-safe” pleas: real concept, careful execution
There is no universal “safe plea.” Immigration law looks at the statute of conviction, the sentence, and sometimes the record of conviction. Small wording differences can change everything.
When possible, the goal is to negotiate outcomes that reduce immigration harm, such as avoiding certain elements, sentence thresholds, or specific offense categories. This requires careful legal analysis and teamwork.
5) Why Hiring the Right Criminal and Immigration Lawyer Matters in Orlando
Two systems, one strategy (not two separate plans)
Criminal court focuses on guilt, penalties, and sentencing. Immigration law focuses on status, admissibility, and removal. The “best” criminal result can still be a bad immigration result if no one checks the INA consequences.
That is why many families look for a criminal and immigration lawyer who can spot the hidden triggers early and build a single plan that makes sense.
Experience, licensing, and local focus
Vasquez Law Firm, PLLC is led by Attorney Vasquez, JD, with 15 years of experience in immigration law and a strong focus on protecting clients when criminal issues overlap with immigration.
Attorney Vasquez is admitted to the North Carolina State Bar and the Florida Bar. Our team serves orlando residents and families across Central Florida, including Kissimmee, Winter Park, and Sanford. Se Habla Español.
How we help with I-765, immigration benefits, and risk control
Depending on your situation, our support may include:
- Reviewing arrest/conviction records for immigration triggers
- Explaining how a plea or sentence could affect visas, green cards, or removal
- Preparing or correcting Form I-765 filings and responses to RFEs/NOIDs
- Coordinating with criminal defense attorneys to seek safer outcomes
- Guidance for immigration court steps when EOIR proceedings are involved
You can learn more about our Immigration Law services and how we handle complex situations.
6) FAQ: Criminal Charges, Immigration Cases, and Work Permits
Common questions we hear from families
These are general answers. Your facts matter. Even two people with the same charge can have different immigration results based on status, history, and court records.
Quick, practical guidance (without guesswork)
If you are in orlando and facing any criminal accusation while you have an immigration application pending, get advice before your next court date. Timing is often the difference between a fixable problem and a permanent one.
When to talk to a lawyer
Contact a criminal and immigration lawyer as soon as you learn about an arrest, a warrant, a plea offer, or an immigration interview notice. Earlier is almost always better.
FAQ
- 1) Can I file Form I-765 if I have a pending criminal case?
Sometimes, yes. It depends on your underlying eligibility category and the facts of the case. A pending charge may cause USCIS to delay a decision or request more records. A lawyer can help you submit certified court documents and a clear explanation to reduce delays and mistakes.
- 2) Will an arrest (without conviction) affect my immigration case?
It can. While many immigration penalties require a conviction, USCIS and immigration judges may still consider arrests in discretionary decisions, and certain admissions or conduct-based grounds may matter. Always get your full record and talk to counsel before interviews or filings.
- 3) What is the difference between being “deportable” and “inadmissible”?
“Deportable” (removable) usually applies after you have been admitted to the U.S. and then trigger a ground of removal, often tied to convictions under 8 U.S.C. § 1227. “Inadmissible” affects entry and many benefit applications, including adjustment of status, under 8 U.S.C. § 1182. Some offenses can trigger both.
- 4) Can a plea deal that avoids jail still cause deportation?
Yes. Immigration law is not only about jail time. The statute of conviction, the elements, and the sentence (including suspended sentences) can control the outcome. A plea that looks “light” in criminal court can still be treated as a serious immigration offense.
- 5) If I have DACA, TPS, asylum pending, or adjustment pending, should I travel?
Travel is risky if you have criminal history or pending charges. You could face problems reentering or you might trigger inadmissibility issues. Review your case carefully and consult counsel before leaving the U.S. Always use official sources for travel/visa info, like the U.S. Department of State.
- 6) What should I bring to a consultation with a criminal and immigration lawyer?
Bring your immigration receipt notices, prior approvals/denials, any Notice to Appear (NTA), your passport/ID, and all criminal paperwork you have (arrest report, citation, charging document, and any final disposition). If you do not have certified dispositions, we can help you identify what to request.
Protect your ability to stay and work in the U.S. If you need a criminal and immigration lawyer, get a plan that matches both courts and immigration rules. Se Habla Español. Call 1-844-967-3536 or schedule your consultation today.
Disclaimer: This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
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Vasquez Law Firm
Legal Team
Our experienced attorneys at Vasquez Law Firm have been serving clients in North Carolina and Florida for over 20 years. We specialize in immigration, personal injury, criminal defense, workers compensation, and family law.
