Deportation Risks for Non-Citizens: Understanding Criminal Charges and Immigration Consequences
Navigating the U.S. legal system is particularly challenging for non-citizens, as certain criminal charges can lead to severe immigration consequences, including deportation. Understanding which offenses carry such risks is crucial for non-citizens to protect their residency status and future in the United States.
Crimes Involving Moral Turpitude (CIMT)
Definition: Crimes involving moral turpitude are offenses that gravely violate societal moral standards, such as fraud, theft, or assault with intent to cause serious harm.
Immigration Consequences:
- Deportability: A non-citizen may be deportable if convicted of a CIMT committed within five years of admission to the U.S.
- Inadmissibility: Multiple CIMT convictions can render a non-citizen inadmissible, affecting their ability to re-enter the U.S. or adjust their status.
Aggravated Felonies
Definition: The term “aggravated felony” encompasses a broad range of offenses under immigration law, including drug trafficking, murder, and certain theft or violent crimes with a sentence of at least one year. Notably, some misdemeanors can be classified as aggravated felonies for immigration purposes.
Immigration Consequences:
- Deportation: Conviction of an aggravated felony can lead to expedited removal proceedings.
- Ineligibility for Relief: Those convicted are often barred from seeking asylum, cancellation of removal, or other forms of relief.
Controlled Substance Offenses
Definition: Convictions related to controlled substances, including possession, distribution, or trafficking, are taken seriously under immigration law.
Immigration Consequences:
- Deportability: Any controlled substance conviction, except for a single offense of possession of 30 grams or less of marijuana, can make a non-citizen deportable.
- Inadmissibility: Such convictions can also prevent re-entry into the U.S. or adjustment of status.
Firearm Offenses
Definition: Unlawful possession, use, or sale of firearms or destructive devices.
Immigration Consequences:
- Deportability: Conviction under firearm offenses can render a non-citizen deportable.
Domestic Violence and Related Offenses
Definition: Crimes such as domestic violence, stalking, child abuse, child neglect, or violation of protection orders.
Immigration Consequences:
- Deportability: Conviction of these offenses can lead to removal proceedings.
Fraud and Deceit Offenses
Definition: Crimes involving fraud or deceit, especially those with a loss exceeding $10,000.
Immigration Consequences:
- Aggravated Felony Classification: Such offenses are considered aggravated felonies, leading to severe immigration consequences.
Impact on Visa Holders
Non-immigrant visa holders (e.g., tourists, students, temporary workers) must adhere to strict conduct standards. Criminal convictions can lead to:
- Visa Revocation: The U.S. Department of State may revoke visas upon notification of an arrest or conviction.
- Denial of Entry: Even with a valid visa, individuals may be denied entry at ports due to criminal records.
- Ineligibility for Extension or Change of Status: Criminal convictions can hinder applications for visa extensions or changes.
Impact on Green Card Holders (Lawful Permanent Residents)
While green card holders have more stability, they are not immune to immigration consequences stemming from criminal convictions. Risks include:
- Deportation: Convictions of certain crimes can initiate removal proceedings.
- Naturalization Barriers: A criminal record can impede the ability to become a U.S. citizen.
- Re-entry Challenges: Traveling abroad and returning can become problematic if convictions render the individual inadmissible.
Potential Defenses and Relief
Facing criminal charges doesn’t automatically result in deportation. Several defenses and forms of relief may be available:
- Post-Conviction Relief: Vacating or modifying convictions can alleviate immigration consequences.
- Waivers: Certain waivers, like the 212(h) waiver, may be available for specific grounds of inadmissibility.
- Cancellation of Removal: For those meeting specific criteria, this discretionary relief can terminate removal proceedings.
- Asylum or Withholding of Removal: If facing persecution in the home country, these protections might be applicable.
Recent Legal Developments
Immigration laws and policies are continually evolving. Recent changes include:
- Expanded Deportation Grounds: The 2025 Immigration Rules have broadened the criteria for deportation, encompassing offenses previously considered minor.
- Enhanced Vetting Processes: Green card holders now face stricter scrutiny during international travel and re-entry.
- Policy Shifts: Changes in administration can lead to shifts in enforcement priorities and interpretations of existing laws.
Actionable Advice for Non-Citizens
- Seek Legal Counsel: If charged with a crime, consult an attorney experienced in criminal law and an attorney experienced in immigration law to understand potential immigration consequences to handle the two legal fields you need representation in.
- Understand Plea Implications: Be cautious with plea deals, as admitting to certain offenses can adversely affect immigration status.
- Stay Informed: Regularly update yourself on immigration laws and policies, as they can change and impact your rights and obligations.
Conclusion
Certain criminal charges can have profound implications for non-citizens, potentially leading to deportation and affecting future re-entry or residency opportunities. Understanding these risks and seeking appropriate legal guidance is essential to navigate the complexities of the U.S. immigration system.
David Smith is Board Certified, Criminal Law—Texas Board of Legal Specialization. David Smith is not certified by the Texas Board of Legal Specialization in Immigration and Nationality Law.
