If you or a loved one is facing deportation due to a criminal conviction, it’s essential to consult with an experienced immigration attorney to explore your options.
Key Takeaways:
- Criminal convictions can significantly impact immigration status and lead to deportation.
- Not all convictions result in deportation; the type of crime, sentencing, and immigration status all play a crucial role.
- Common criminal convictions that may trigger deportation include aggravated felonies, drug offenses, and crimes of moral turpitude.
- There are legal defenses and strategies that can potentially prevent deportation despite a criminal conviction.
In the United States, the immigration system is complex, and a criminal conviction can have serious consequences for immigrants, even those who have lived in the country for many years. If you are an immigrant in Florida and have been convicted of a crime, it’s important to understand how a criminal conviction can impact your immigration status and potentially lead to deportation.
While not every criminal conviction automatically results in deportation, certain types of offenses are closely linked to removal proceedings. Understanding the role of criminal convictions in deportation cases is crucial for anyone facing the possibility of deportation due to criminal activity.
At Weldon Law Group, PLLC, we are dedicated to helping individuals navigate the intersection of criminal law and immigration law (sometimes called “crimmigration). In this blog, we will break down how criminal convictions can affect your immigration status, the potential defenses you may have, and what steps you can take to protect your future in the U.S..
Read on to discover more about the implications of a criminal conviction for your immigration case.
How Criminal Convictions Can Lead to Deportation
For non-citizens in the United States, certain criminal convictions can trigger deportation proceedings. The U.S. government considers several factors when determining whether a criminal conviction will lead to deportation. The type of crime, the severity of the conviction, and the individual’s immigration status all play a role in this decision.
If a non-citizen is convicted of an offense that falls under specific deportation categories, they could be at risk of being removed from the country. Some crimes, particularly felonies, are considered “aggravated felonies,” which can make deportation almost certain. Other crimes, such as those involving moral turpitude or drug offenses, may also increase the likelihood of deportation.
Aggravated Felonies and Deportation
One of the most important factors in deportation cases involving criminal convictions is whether the crime is classified as an “aggravated felony.” Under U.S. immigration law, aggravated felonies are a category of serious crimes that can lead to automatic deportation. These crimes include:
- Murder
- Rape
- Drug trafficking
- Fraud involving large amounts of money
- Theft crimes with significant sentences
- Child pornography
If you are convicted of an aggravated felony, you may be permanently barred from re-entering the U.S. after deportation. Even if you’ve been a lawful permanent resident (green card holder) for many years, a conviction for an aggravated felony can result in removal proceedings and the loss of your immigration status.
Crimes of Moral Turpitude and Deportation
Another type of criminal conviction that can impact immigration status is a “crime of moral turpitude” (CMT). Crimes of moral turpitude are considered offenses that involve dishonesty, fraud, or conduct deemed to be inherently immoral. Examples of crimes of moral turpitude include:
- Theft
- Fraud
- Assault with intent to commit a serious crime
- Domestic violence
If you have been convicted of a crime of moral turpitude, it may make you inadmissible to the U.S. or subject to removal proceedings. However, there is often a way to fight these charges or seek relief from deportation if the conviction occurred years ago or if certain mitigating factors exist.
Drug Offenses and Deportation
Drug offenses are one of the most common reasons for deportation. U.S. immigration law places strict restrictions on drug-related convictions, and even a minor drug offense can result in deportation. Offenses such as possession of controlled substances, drug trafficking, or drug manufacturing may be grounds for removal.
Certain drug offenses, particularly those involving large quantities or distribution, may result in automatic deportation without the possibility of relief. However, a conviction for a less serious drug offense may leave room for defense strategies or waivers.
How Immigration Status Affects Deportation Due to Criminal Convictions
Your immigration status plays a critical role in whether a criminal conviction will lead to deportation. For instance:
- Lawful Permanent Residents (Green Card Holders): Permanent residents who are convicted of a serious crime may be subject to deportation. However, they may have options for defense, such as requesting cancellation of removal or applying for a waiver of inadmissibility.
- Undocumented Immigrants: Immigrants without legal status are particularly vulnerable to deportation if convicted of a crime. However, some undocumented individuals may be eligible for relief from deportation through asylum, cancellation of removal, or other forms of relief.
- DACA Recipients: Individuals with Deferred Action for Childhood Arrivals (DACA) status who are convicted of certain crimes may also face removal proceedings.
Legal Defenses to Deportation for Criminal Convictions
While criminal convictions can make deportation more likely, there are legal defenses that may help prevent removal or reduce its severity. Some possible defenses include:
- Post-Conviction Relief: In some cases, it may be possible to challenge the conviction itself by filing an appeal or seeking post-conviction relief, such as a new trial or reduction of charges.
- Waivers of Inadmissibility: Certain crimes may be eligible for a waiver, allowing an individual to remain in the U.S. even after a conviction.
- Cancellation of Removal: For lawful permanent residents or individuals with family ties to U.S. citizens or lawful residents, cancellation of removal may be an option to prevent deportation.
- Asylum and Withholding of Removal: If deportation would result in harm or persecution in your home country, you may be eligible for asylum or withholding of removal.
An experienced immigration lawyer can help evaluate your case and determine whether any of these defenses or relief options are applicable to your situation.
Weldon Law Group, PLLC is Your Immigration Law Advocates
At Weldon Law Group, PLLC, we understand the challenges that criminal convictions can present for non-citizens. Our team is dedicated to helping individuals facing deportation due to criminal convictions. We work tirelessly to provide comprehensive immigration services, offering personalized legal solutions that protect your future in the U.S..
If you or a loved one is facing deportation due to a criminal conviction, reach out to schedule a free consultation and let us help you explore your options and fight for your right to remain in the U.S.!