L1A with Criminal Charges: No Deportation Possible?

An immigrant worker with an L-1A— meant for company executives transferred from abroad— has landed himself in serious trouble that could risk deportation. However, instead of fighting it, they are looking to find options to leave quietly, without ruining their immigration history forever.

While not giving specifics, the worker admitted that they are facing a “deportable criminal charge.” He has an approved I-140, which is the first major step toward a green card. But thanks to backlogs, the wait is still long.

Meanwhile, the plea deal on the table includes probation and no jail time. But regardless of the punishment the offense still counts as “deportable” under US law, and considering the current environment there is no way the authorities will not catch up to him soon.

If ICE (Immigration and Customs Enforcement) steps in and issues an NTA (Notice to Appear), you’re now in deportation proceedings. Once that happens, it’ll no longer be his choice and he’ll be officially “removed” from the country, which destroys any future visa hopes.

But there’s a narrow window. If you accept the plea but leave the US before ICE takes action, you may be able to exit without the “deported” tag. That’s called a voluntary departure.

If anyone with an L-1A, H-1B, and similar visa finds themselves in a similar situation it is best to plan your route out of America with an attorney.