Your Immigration Status After a Felony

Immigrants convicted of aggravated felonies and other deportable crimes can face deportation. After a criminal conviction, immigrants may lose eligibility for residency, U.S. citizenship, naturalization, or asylum. Immigrants convicted of aggravated felonies may face deportation or removal proceedings without a formal immigration hearing.

If you are facing serious criminal charges, talk to an experienced immigration lawyer. An immigration lawyer can explain your rights and legal options. An attorney can also represent you in court to help you get a cancellation of removal. Contact an experienced immigration attorney for legal advice.

Definition of an Aggravated Felony

In U.S. immigration law, the term “aggravated felony” can be somewhat misleading. What immigration officials consider an aggravated felony does not always match up with state criminal laws. Crimes that are not classified as state felonies can be aggravated felonies for immigration purposes.

Aggravated felonies for immigrants are any crimes that Congress has deemed serious enough to warrant deportation. This includes some misdemeanor offenses.

An aggravated felony originally referred to crimes of murder, illegal trafficking of firearms and other destructive devices, and federal drug trafficking. Since that time, Congress has expanded this list as it applies to immigrants.

Even crimes that were not considered aggravated felonies at the time of conviction can retroactively lead to deportation. Whenever Congress adds a new crime to the list of offenses punishable by deportation, it may affect immigrants with a criminal record for one of these offenses, but retroactive application can be subject to legal challenges.

Deportable Crimes

Currently, all of the following crimes can affect a person’s immigration status and can lead to deportation:

• Alien smuggling
• Child pornography
• Demand or receipt of ransom
• Failure to appear for a felony charge punishable by a sentence of at least two years
• Firearms and explosive materials offenses
• Fraud, deceit, and tax evasion crimes over $10,000
• Gambling and racketeering leading to imprisonment of one year or more
• Illegal reentry by someone removed for an aggravated felony
• Managing, transporting, or trafficking prostitutes
• Murder, sexual abuse of a minor, and rape
• Money laundering involving sums over $10,000
• Passport and document fraud leading to imprisonment of at least one year
• Perjury, bribery of a witness, or other obstructions of justice
• Theft offenses leading to imprisonment of one year or more
• Trafficking of a controlled substance
• Trafficking of firearms or explosive devices
• Trafficking in vehicles, forgery, bribery, or counterfeiting
• Transmitting or gathering classified information
• Violent crimes leading to imprisonment of one year or more
• Attempt or conspiracy to commit an aggravated felony

Crimes of Moral Turpitude

Crimes of moral turpitude are another category of offenses under immigration law. These refer to any crime that shocks the public conscience and is depraved, vile, immoral, or against the rules owed from one man to another. The perpetrator must have been acting recklessly or had an “evil” intent. Some of the acts previously considered crimes of moral turpitude include:

• Murder
• Domestic violence
• Theft
• Robbery
• Child abuse
• Human trafficking
• Sexual assault

Deportation Without a Hearing

Immigrants convicted of certain aggravated felonies without lawful permanent resident (LPR) status may face expedited removal without a formal hearing before an immigration judge. Such persons are also not eligible for asylum or other forms of relief. They generally cannot get “withholding of removal” if their sentence was five years or more, although there are exceptions and specific legal nuances. They can face removal from the country two weeks after the final order.

Immigrants convicted of an aggravated felony and sent to jail are detained by immigration authorities upon release. In such cases, immigrants are mandatorily detained and ineligible for a bond hearing until or unless they can prove to the judge that the conviction is not for an aggravated felony.

When convicted of an aggravated felony, immigrants are not eligible for voluntary departure from the United States. They are also permanently inadmissible for reentry to the country unless they obtain a waiver from the Department of Homeland Security. Immigrants convicted of an aggravated felony who illegally reenter the country can face a prison sentence of up to 20 years.

Challenging an Aggravated Felony Charge

Many immigrants convicted of aggravated felonies have challenged their deportation. Occasionally, courts have decided that such convictions are arbitrary and unwarranted. This is more common when the charges involve misdemeanors.

There are other factors affecting the outcome of a deportation order based on an aggravated felony conviction. Some factors include the length of the sentence, the monetary value of the crime, and the effect of deportation on family members who are U.S. citizens or LPRs. In addition, various courts have viewed these charges differently.

U.S. immigration laws can change at any time. Even some criminal defense lawyers are not up-to-date with the immigration consequences of taking a plea deal for certain offenses. Green card-holders and undocumented immigrants facing a serious crime should talk to an immigration lawyer for legal advice.