What Does a Felony Conviction Mean for My Immigration Status?

In some cases, you can be deported if you are convicted of a felony in the U.S. In other cases, however, which generally involve less serious felonies, you may not be subject to deportation. It all depends on the type of felony conviction you have, how state law defines that crime, and the term of incarceration that you receive for your crime. There also are some aggravated felony crimes that automatically trigger deportation under federal immigration law.

Crimes of moral turpitude generally involve fraud, larceny, and intent to harm persons and things. Some examples of crimes of moral turpitude are theft, fraud, and domestic violence-related offenses. Ultimately, it will depend largely on the wording of the elements in the state law at issue as to whether it is a crime of moral turpitude. As a general rule, you can be deported if you commit a crime of moral turpitude within five years of your admission to the U.S. You also can be deported if you commit two or more crimes of moral turpitude that do not rise out of a single course of misconduct at any time following your admission to the U.S.

There is also an exception for petty offenses that may apply to some crimes that normally would be crimes of moral turpitude. If a crime has a maximum penalty of no more than one year of imprisonment, or if you served less than six months of imprisonment, then you may have a petty criminal conviction rather than a conviction for a crime of moral turpitude.

Aggravated felonies can get you deported at any time following your admission to the U.S. Federal immigration law contains a long list of crimes that qualify as aggravated felonies, such as murder, rape, drug trafficking, sexual abuse, and child pornography. Violent crimes for which you must serve at least one year also qualify as aggravated felonies. If you are convicted of an aggravated felony, you are subject to deportation.

As your case winds its way through the immigration court system, we are dedicated to providing you with the essential legal advice that you need throughout your deportation proceedings. We are here to represent your interests before the immigration court and appeal any adverse decisions, if warranted. We devote all of our efforts to advocating on behalf of you and your family before the immigration court. Don’t hesitate to contact the Bay Area immigration lawyers of Landerholm Immigration, A.P.C., and set up your legal consultation today. We are here to help.

 

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