02 Jan Crimes That Can Lead to Deportation
U.S. immigration laws impose serious consequences, including deportation, for certain criminal convictions. For immigrants and their loved ones, understanding the types of crimes that may result in deportation is critical to protecting one’s legal status. If you have any questions about a specific situation you or a loved one may be in, the deportation defense attorneys at Henry & Grogan are here to provide the legal support and representation you may need.
Common Crimes That Lead to Deportation
Under U.S. immigration law, deportable offenses include certain criminal convictions and activities deemed detrimental to public safety or morality. Non-citizens, including lawful permanent residents, can be deported if found guilty of these crimes. In fact, it’s important to note that deportation laws apply to individuals with green cards, work visas, and other non-immigrant statuses.
So, what crimes are eligible for deportation? The list of deportable crimes is extensive, and the consequences can vary depending on the severity of the offense and the person’s immigration status.
Let’s take a closer look at the most common crimes that can lead to deportation:
Crimes Involving Moral Turpitude (CIMT)
Unfortunately, U.S. immigration law does not clearly define the term “moral turpitude.” With that said, most courts and legal professionals agree that crimes involving moral turpitude are considered offenses that violate societal standards of morality. Examples include:
- Fraud and theft offenses
- Assault with intent to cause harm
- Perjury
- Aggravated driving under the influence
- Terroristic attacks
While not every CIMT results in deportation, multiple convictions or a single offense committed within five years of entering the U.S. may lead to removal proceedings.
Aggravated Felonies
Aggravated felonies are among the most serious deportable offenses. These include crimes such as:
- Murder
- Rape
- Sexual abuse of a minor
- Drug or firearms trafficking
- Money laundering involving substantial amounts
You must note that being convicted of an aggravated felony at any point during your time in the U.S. can lead to a range of challenges that make it difficult to avoid deportation. A conviction may even lead to permanent inadmissibility to the U.S. In order to protect your future, you should work with an immigration attorney if you are facing a felony charge.
Drug Offenses
Controlled substance violations — particularly those involving manufacturing and distribution or trafficking — can result in immediate removal proceedings, regardless of an individual’s previous immigration standing. With that said, even possession of an illegal drug can result in detention and removal, so you need to watch your actions carefully.
Domestic Violence
Convictions for domestic violence crimes, including assault, child abuse, and violation of protection orders, are deportable offenses. These cases often involve both criminal and immigration courts, making the process particularly challenging.
Firearms Offenses
Illegal possession, sale, or trafficking of firearms is a deportable crime. Non-citizens convicted of firearm-related offenses may face removal regardless of whether the crime involved violence.
Other Deportable Offenses
Other deportable crimes include, but are not limited to:
- Human trafficking
- Espionage
- Terrorist activities
- Document fraud or forgery related to immigration
Legal Defenses Against Deportation
If you or a loved one is at risk of deportation due to a criminal conviction, there are legal defenses available. A deportation defense attorney can:
- File Appeals: Convictions leading to deportation are not always final. In some cases, an appeal to criminal or immigration courts can overturn or mitigate the conviction, potentially halting deportation proceedings.
- Pursue Waivers: Certain deportable crimes may be forgiven through waivers of inadmissibility. For example, a “212(h) waiver” may allow individuals convicted of CIMTs or minor drug crimes to remain in the U.S. under specific circumstances.
- Seek Asylum Protection: Immigrants who face persecution in their home country may qualify for asylum, even if they have committed certain offenses. Asylum protections are complex and require a detailed understanding of immigration laws and international human rights standards.
- Challenge the Deportation Order: Immigration attorneys can identify procedural errors or violations of rights during detention cases. If due process was not followed, the deportation order could be challenged and possibly dismissed.
The Importance of Hiring an Immigration Attorney
Fighting against deportation is a complex and high-stakes process that requires a thorough understanding of immigration laws and the intersection of criminal and immigration court proceedings. A knowledgeable immigration attorney must analyze your unique circumstances to identify potential defenses and craft a strategic approach to safeguard your legal status. They will ensure you fully understand what crimes are eligible for deportation and the specific implications for your case.
Whether it’s filing appeals, pursuing waivers, or advocating for asylum protection, having an expert by your side can mean the difference between remaining in the U.S. and being deported. Attorneys can also spot procedural errors or violations of your rights in detention cases, potentially leading to the dismissal of deportation orders.
Beyond their legal expertise, immigration attorneys offer compassionate support during what is often a deeply stressful time. Facing deportation can leave individuals and their families feeling uncertain and vulnerable. The attorneys at Henry & Grogan will provide you with peace of mind so that you can make clear, informed decisions.
Get Legal Help From Henry & Grogan
Deportable crimes can have life-altering consequences for immigrants and their loved ones. Whether you are concerned about being charged with crimes considered aggravated felonies or have a family member facing charges of two or more crimes, act quickly and seek legal help from Henry & Grogan. Our deportation defense attorneys will guide you through this challenging time.
