CAN A CRIMINAL CONVICTION RESULT IN DEPORTATION FOR A NON-CITIZEN?
July 1, 2015
A non-citizen of the U.S., whether undocumented or a lawful permanent resident (a green card holder) needs to understand the immigration consequences of any crime that he or she is charged with. Conviction can, in many cases, lead to deportation (removal) from the United States. This is why consultation with an attorney that is familiar with both criminal law and immigration law is crucial.
It is difficult to generalize about which crimes make a non-citizen deportable under federal immigration law. The analysis may depend on various factors including whether the crime is a misdemeanor or a felony, and/or whether the type of crime is specifically listed among the grounds for deportability (as are various drug crimes, domestic violence, child abuse, and more).
One common way for non-citizens to become deportable is through conviction of an "aggravated felony." Conviction of a "crime of moral turpitude" within five years of admission to the country is another.
Many non-citizens may first serve their sentences and then be deported (removed). Sometimes the non-citizen may not find out about intended deportation until the last minute, when the immigration authorities place an immigration “hold” on him or her.
If you or a family member has a current criminal case pending, SYED LAW will work to negotiate a sentence structure or a resolution of the criminal case so that it does not have a mandatory adverse effect on your immigration status.
If you or your family member's history includes a crime(s), SYED LAW will reserach the situation and help you apply for a waiver, if appropriate, or take other appropriate action. Where it is warranted, we may petition the court where the verdict was rendered to re-open a past criminal conviction.