When Can a Criminal Conviction Lead to Deportation?

 Posted on October 26, 2021 in Immigration

There are many different types of issues that can affect a person’s legal status as an immigrant to the United States. People who have entered the U.S. on an immigrant or non-immigrant visa or who have received a Green Card through adjustment of status may face deportation based on a number of factors, including certain types of criminal convictions. An experienced immigration attorney can help immigrants understand the types of convictions that may cause a person to be deported and the options for addressing these issues.

What Types of Crimes Make a Person Deportable?

Immigration laws are meant to protect the health and safety of those who live in the United States, and immigrants who commit offenses that may cause harm to other people may be subject to deportation. Some offenses will automatically lead to deportation, while others may lead immigration officials to detain a person and initiate removal proceedings because they believe that a person presents a risk of harm to others.

Generally, deportation proceedings may address the following types of crimes:

• Aggravated felonies - Under U.S. immigration laws, these offenses include multiple types of crimes that may or may not be classified as felonies under the laws of different states, and offenses may or may not involve aggravating factors. Applicable offenses include murder, drug trafficking, possession or distribution of child pornography, money laundering of at least $100,000, fraud or tax evasion involving amounts in excess of $200,000, or theft, burglary, or other violent crimes in which a person is sentenced to at least five years in prison.
• Crimes of moral turpitude - In addition to offenses that are considered aggravated felonies, a person may face deportation due to a conviction of an offense that is considered to be shocking or depraved. These offenses may include assault, domestic violence, kidnapping, driving while intoxicated (DUI/DWI), robbery, or fraud, although immigration officials may interpret multiple other types of crimes as crimes of moral turpitude. A person may be deportable if they were convicted of a crime of moral turpitude and sentenced to at least one year in prison within five years after they most recently entered the United States. Two or more convictions for crimes of moral turpitude may also make a person deportable, no matter when these offenses occurred. A person may receive an exception to deportation if a crime is considered to be a petty offense, meaning that it had a maximum sentence of one year in prison, and the person served a sentence of no more than six months.

Contact Our Itasca Deportation Defense Attorneys

If you are an immigrant who has been charged with a crime, Unzueta Law Group, P.C. can help you determine how a conviction will affect your immigration status. We can help you defend against deportation and take the correct steps to ensure that you will be able to continue living in the United States. To get legal help with matters that may affect your legal status as an immigrant, contact our DuPage County immigration lawyers at 630-509-2363 and set up a confidential consultation.

Sources:

https://www.justice.gov/archives/jm/criminal-resource-manual-1934-appendix-d-grounds-judicial-deportation

https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview