When someone is living in the United States as a noncitizen, they must comply with U.S. immigration laws. Violating these laws can have severe consequences, including deportation. It is vital to understand what crimes are eligible for deportation to protect yourself or a loved one from facing such consequences. In this article, we will explore the various crimes that make someone deportable and the legal avenues available for those who find themselves in removal proceedings.

What Crimes Are Eligible for Deportation?

One of the most common reasons why a noncitizen can be placed in removal proceedings is a criminal conviction. U.S. immigration law is very specific about the crimes that can result in deportation. Generally, the offenses that lead to deportation are serious violations of the law, and the consequences can be life-altering for individuals who are not U.S. citizens.

In this section, we will look at different categories of deportable crimes. These include crimes of moral turpitude, aggravated felonies, and specific violations like drug offenses or domestic violence. Understanding the types of crimes that make a person deportable is crucial to preparing a defense if you are facing immigration proceedings.

Crimes of Moral Turpitude (CMTs)

Crimes of moral turpitude, often referred to as CMTs, are a major category of offenses that can make someone eligible for deportation. While U.S. immigration law does not provide an exhaustive list of what constitutes a crime of moral turpitude, there are some general guidelines based on court decisions and interpretations by the Department of State. Crimes involving dishonesty, fraud, theft, and violence are often classified as CMTs.

Some common examples of crimes that are typically considered CMTs include:

• Fraud and Embezzlement: Crimes involving dishonesty or theft, such as stealing money, property, or services.
  
  
• Assault and Battery: Violent crimes such as assault with the intent to harm, spousal abuse, or even simple assault in some cases.
  
  
• Theft and Larceny: Crimes such as shoplifting, burglary, and robbery, which involve taking someone else's property without permission.
  
  
• Sexual Offenses: Crimes such as rape, sexual assault, or child molestation may be classified as CMTs due to their serious nature.

Being convicted of a crime that falls under the category of moral turpitude can result in deportation, especially if the crime was committed within five years of the individual’s admission to the U.S. or if the person has committed more than one crime of moral turpitude.

Aggravated Felonies

Another major category of deportable crimes is aggravated felonies. These are crimes that are considered exceptionally severe and are specifically listed in the Immigration and Nationality Act (INA). An aggravated felony conviction almost always results in deportation, and in many cases, it may be impossible to prevent removal.

Some of the most common aggravated felonies include:

• Murder: A conviction for murder or attempted murder is considered an aggravated felony under U.S. immigration law.
  
  
• Rape and Sexual Abuse: Any conviction for rape, sexual abuse of a minor, or related crimes is classified as an aggravated felony.
  
  
• Drug Trafficking: Convictions for drug trafficking, including the distribution of controlled substances, are considered aggravated felonies.
  
  
• Money Laundering and Tax Evasion: Large-scale financial crimes such as money laundering or tax evasion involving significant sums of money (typically over $10,000) may lead to deportation.
  
  
• Domestic Violence and Child Abuse: Serious offenses like domestic violence and child abuse may be classified as aggravated felonies, particularly if significant harm or injury was caused.
  
  
• Fraud and Bribery: Felony convictions for fraud, bribery, and other financial crimes can also fall under the aggravated felony category.

If an immigrant is convicted of an aggravated felony, they may face removal from the U.S., and appealing the decision can be incredibly difficult. In most cases, the individual will not be eligible for certain types of relief from deportation, and they may be permanently barred from returning to the U.S.

Drug Offenses

Drug crimes are another serious category of offenses that can result in deportation. Under U.S. immigration law, most drug crimes are grounds for removal, even if they do not involve trafficking or large-scale distribution. However, there are some exceptions, such as possession of small amounts of marijuana for personal use, which is not considered a deportable offense.

Some examples of drug offenses that can lead to deportation include:

• Drug Possession: Any conviction for the possession of illegal drugs, including prescription drugs without a valid prescription.
  
  
• Drug Trafficking: Convictions for distributing or trafficking drugs, including heroin, cocaine, marijuana, or any other controlled substances.
  
  
• Manufacturing Drugs: Involvement in the manufacturing of illegal drugs, such as operating a methamphetamine lab, is considered a serious offense under U.S. immigration law.
  
  
• Drug-Related Violent Crimes: If a person commits a violent crime while involved in drug trafficking, they may be charged with an aggravated felony and face deportation.

It is important to note that U.S. immigration law treats drug offenses very seriously, regardless of whether the crime involved significant quantities of drugs or not. Even a minor drug offense could result in deportation, particularly for those who do not hold legal immigration status.

Domestic Violence and Family-Related Crimes

Domestic violence and crimes that involve harm or threats against family members are taken very seriously in the U.S. legal system. These offenses may also lead to deportation. Crimes such as spousal abuse, child abuse, and stalking can result in removal proceedings if the individual is convicted.

Domestic violence charges are considered especially severe under immigration law, and even a conviction for a misdemeanor offense can lead to deportation. Crimes that involve the threat of violence or physical harm to a spouse, child, or another family member are generally considered deportable offenses.

If you are facing criminal charges related to domestic violence or family-related crimes, it is essential to consult with an immigration lawyer immediately to explore your legal options and to minimize the risk of deportation.

What Can Get You Deported: Other Key Deportable Crimes

Wondering what crimes are eligible for deportation in addition to crimes of moral turpitude, aggravated felonies, drug offenses, and domestic violence? These crimes, outlined in the Immigration and Nationality Act (INA), often carry serious consequences for immigrants, regardless of their legal status. Some of these offenses may be considered relatively minor in the criminal justice system, but they are still grounds for removal in the immigration system.

Firearm Offenses

One of the offenses that can lead to deportation is violating U.S. firearm laws. Firearm-related crimes are taken very seriously in the U.S., and immigration law makes no exceptions for noncitizens involved in illegal gun activities. Violations of both federal and state firearm laws can result in removal proceedings.

Some of the most common firearm offenses that may make an immigrant deportable include:

• Possession of Illegal Firearms: Being caught with an unregistered or illegal weapon can result in deportation.
  
  
• Trafficking in Firearms: Engaging in the illegal sale or distribution of firearms is a deportable offense.
  
  
• Violence Involving Firearms: Using a firearm during the commission of another crime, such as robbery or assault, will almost certainly lead to deportation.

Even individuals who legally own firearms in the U.S. may face deportation if they violate certain regulations, such as transporting firearms across state lines or carrying a weapon in a restricted area. Immigration law considers these offenses severe and can lead to removal, even for lawful permanent residents.

Fraud and Misrepresentation

Fraudulent activities and misrepresentations to U.S. authorities are serious offenses under immigration law. If an immigrant is caught lying to immigration authorities, submitting false documents, or committing fraud to gain entry or remain in the U.S., they could be deported. This includes situations where individuals engage in:

• Marriage Fraud: Entering a fraudulent marriage for the sole purpose of obtaining a green card or other immigration benefits is a deportable offense.
  
  
• Document Fraud: Creating or using fake documents, such as passports, visas, or social security numbers, to gain employment or remain in the U.S. unlawfully can result in removal.
  
  
• Visa Fraud: Submitting false information in visa applications or overstaying a visa while using fraudulent documentation can trigger deportation proceedings.

Immigration authorities take fraud very seriously, and even minor violations in this category can lead to significant consequences, including removal from the U.S.

Terrorist Activities and National Security Violations

The U.S. government is particularly strict when it comes to crimes that relate to national security. Any individual who engages in terrorist activities or provides material support to terrorist organizations is subject to deportation. These offenses include, but are not limited to:

• Engaging in Terrorist Acts: Participation in terrorist activities, such as planning or carrying out acts of terrorism, can result in immediate removal proceedings.
  
  
• Supporting Terrorist Groups: Providing financial support, training, or other forms of assistance to groups deemed to be terrorists by the U.S. government can lead to deportation.
  
  
• Espionage and Sabotage: Engaging in espionage or attempting to sabotage U.S. interests or operations is a serious offense that will result in deportation, in addition to criminal prosecution.

The U.S. government takes a hard stance on national security and terrorism-related crimes. Immigrants involved in such activities face severe consequences, including permanent removal from the country.

Immigration Violations Leading to Deportation

Certain immigration violations themselves can lead to deportation, even if they are not criminal in nature. These violations often involve failure to comply with U.S. immigration laws and regulations, such as:

• Overstaying a Visa: Individuals who remain in the U.S. after their visa expires without taking steps to renew their status or adjust their immigration situation can face removal proceedings.
  
  
• Entering Without Inspection: Immigrants who enter the U.S. without being properly inspected by immigration authorities, or who enter illegally, are subject to removal.
  
  
• Reentering After Being Deported: Those who reenter the U.S. after being deported face severe penalties, including permanent bars on reentry and deportation.

While these offenses are not always criminal in nature, they can still result in deportation, especially for individuals who have already been placed in removal proceedings for other reasons.

Types of Relief from Deportation

If you are facing deportation, it is important to understand that there are several types of relief that might be available to you, depending on your individual circumstances. While being convicted of a deportable crime can initiate removal proceedings, it does not automatically mean you will be deported. Immigration law provides different legal options that can help you avoid removal and potentially stay in the U.S. Here are some of the most common types of relief from deportation:

• Asylum

Asylum provides protection to individuals who are in the U.S. and fear returning to their country of origin due to persecution. The persecution must be based on one of five protected grounds: race, religion, nationality, membership within a particular social group, or political opinion. Even if you are convicted of a deportable offense, you may still qualify for asylum if you can prove that you have a credible fear of persecution in your home country.

Asylum applications must be filed within one year of arrival in the U.S., though exceptions can be made for certain situations, such as new evidence or changed circumstances. It’s necessary to demonstrate that your fear of returning is well-founded and that you meet the legal criteria for asylum.

• Cancellation of Removal

Cancellation of removal is a form of relief that can stop your deportation if you meet specific eligibility requirements. There are two types of cancellation of removal: one for lawful permanent residents (LPRs) and another for non-permanent residents.

1. For non-permanent residents, you must have been in the U.S. for a minimum of 10 years, have good moral character, and show that your removal would cause "exceptional and extremely unusual hardship" to your U.S. citizen or lawful permanent resident spouse, parent, or child.
   
   
2. For LPRs, you must prove that you have been a lawful permanent resident for at least five years, have lived in the U.S. for seven years, and have not been convicted of an aggravated felony.

This form of relief is often difficult to obtain and requires a strong legal argument and supporting evidence to demonstrate hardship or continuous residence.

• Adjustment of Status

Adjustment of status allows an immigrant to change from one immigration status to another, usually from nonimmigrant status (such as a tourist or student visa) to lawful permanent resident status (a green card). If you are facing deportation, this process may be a way to remain in the U.S. if you are eligible.

For instance, if you are married to a U.S. citizen or have another close family relationship with a lawful permanent resident or citizen, you might be eligible to apply for adjustment of status. Keep in mind that certain criminal convictions can affect your eligibility for this form of relief, especially if you have committed a crime of moral turpitude or an aggravated felony.

• Waivers

In some cases, you might be eligible for a waiver of inadmissibility, which can prevent deportation or allow you to adjust your status. A waiver essentially forgives certain immigration violations, such as unlawful entry or overstaying a visa. One common type of waiver is the 212(h) waiver, which can be granted to individuals who have committed crimes of moral turpitude but can demonstrate that deportation would result in significant hardship to a U.S. citizen or lawful permanent resident family member.

What Can You Do If You Are Facing Deportation?

If you are facing deportation due to any of the above crimes, it is important to act quickly. Deportation can have serious consequences for you and your family, and navigating the complex immigration system on your own can be overwhelming. An experienced immigration lawyer can help you in several ways, such as laying out your options, evaluating your defenses, and building a case to prevent removal from the U.S.

At Ahmad & Associates, we understand the complexities of the U.S. immigration system and have the experience to help you through every step of the process. Our team of immigration attorneys for deportation or removal in Virginia is ready to fight for your rights and provide you with the guidance you need during this challenging time.

Why Choose Ahmad & Associates?

Ahmad & Associates is a trusted name in immigration law, known for its expertise in handling complex deportation cases. Here are some key reasons why clients choose us:

• Over 20 Years of Experience: Our team has successfully handled countless immigration cases, from removal defense to visa applications and asylum claims. We have the knowledge and expertise to manage even the most complex situations.
  
  
• Personalized Legal Strategy: We understand that each case is unique. That’s why we take the time to understand your specific circumstances and develop a strategy tailored to your needs.
  
  
• Multilingual Services: We serve clients in multiple languages, including Spanish, Urdu, Hindi, and Arabic, making it easier for non-English speakers to navigate the immigration process.
  
  
• Proven Track Record: Our clients trust us to deliver results, and our track record speaks for itself. We have successfully helped individuals facing deportation stay in the U.S. and secure permanent status.
  
  
• Convenient Locations: With offices in McLean, VA, and satellite locations in Pennsylvania, we make it easy for you to consult with us no matter where you are located.

If you are facing deportation or have concerns about your immigration status, contact Ahmad & Associates today for a consultation. Our team is here to fight for your rights and help you understand your options.