Crimes That Can Lead to Deportation

Facing criminal charges in Texas can be daunting, especially if you’re concerned about your immigration status. Although permanent residency provides numerous advantages, it does not ensure immunity from deportation in the event of certain criminal convictions.

Understanding which offenses can trigger deportation is crucial for safeguarding your status. From serious felonies to crimes involving what is called “moral turpitude”, knowing what can lead to removal proceedings is the first step in defending yourself. This blog post will delve into the various crimes that could potentially endanger your U.S. stay and provide advice on safeguarding your immigration status in the event of an accusation.

Understanding Permanent Resident Status

Becoming a permanent resident of the United States allows you to live and work in the country indefinitely and enjoy benefits like enrolling in school, buying property, and accessing health insurance.

However, permanent residents, or green card holders, do not have all the rights of U.S. citizens. They cannot vote, sponsor others for legal status, or travel freely in and out of the country. Importantly, despite the Immigration and Nationality Act (INA) granting the right to reside permanently, permanent residents are still at risk of deportation under certain circumstances.

What Crimes Can Lead to Deportation?

There are five main types of criminal offenses that can result in deportation. If you are convicted of any of these crimes, you may face deportation proceedings:

Aggravated Felonies

Aggravated felonies are some of the most serious crimes that can lead to deportation. These aren’t just violent crimes—they include a wide range of offenses like:

• Murder
• Rape
• Drug trafficking
• Firearms trafficking
• Fraud or tax evasion can result in losses exceeding $10,000.
• Violent crimes with a sentence of at least one year

Being convicted of an aggravated felony usually means automatic deportation, with very few chances to avoid it. Even if you have strong connections to the U.S., like family or many years of living here, you can still be deported. On top of that, people convicted of an aggravated felony are permanently banned from returning to the United States.

Crimes Involving Moral Turpitude (CIMT)

CIMT offenses typically involve actions considered vile or corrupt. While it can be unclear what exactly qualifies as this type of crime, they usually involve acts that are dishonest, immoral, or unethical. Some examples include:

• Fraud
• Theft
• Assault with intent to cause serious injury
• Child abuse
• Domestic violence

The challenge with CIMT is that it’s a broad and sometimes unclear category, making it difficult to determine which crimes fall under it. A single conviction for a crime of moral turpitude within five years of entering the U.S. (or 10 years for green card holders) can lead to deportation if the offense carries a potential sentence of a year or more. Additionally, multiple CIMT convictions can result in deportation, regardless of the penalties involved.

Controlled Substance Offenses

Drug-related crimes, like possession, distribution, or trafficking of controlled substances, are among the most common reasons for deportation. According to the Immigration and Nationality Act, any conviction involving controlled substances can lead to deportation, except for possession of 30 grams or less of marijuana for personal use.

Even if state law doesn’t require jail time for your conviction, a drug offense can still result in deportation. Additionally, being involved in drug-related activities—even without being convicted—can impact your immigration status and lead to deportation proceedings.

Firearms Offenses

Firearms offenses are another category that can result in deportation. These include:

• Illegal possession of a firearm
• Selling or distributing firearms illegally
• Use of a firearm in the commission of another crime

Even if you are a legal permanent resident, certain firearms offenses can lead to deportation. The penalties are serious, so defending yourself against these charges is essential to protecting your immigration status.

Domestic Violence and Related Crimes

Domestic violence, child abuse, stalking, and violation of a protective order are all crimes that can lead to deportation under U.S. immigration laws. This includes not only convictions but also protective orders issued against you in a civil court.

Domestic violence is taken very seriously in immigration proceedings, and a conviction can have immediate and long-lasting consequences, including deportation and inadmissibility to return to the U.S.

How to Maintain Your Immigration Status?

While it’s important to know which crimes can lead to deportation, it’s equally important to take proactive measures to protect your immigration status:

1. Seek Professional Advice: Contact an immigration attorney as soon as possible. They can provide specific guidance for your situation and explain how any accusations may impact your immigration status.
2. Know Your Rights: Learn about your rights under U.S. law. Understand how to respond if questioned by authorities and how to handle legal proceedings.
3. Stay Updated: Keep yourself informed about changes in immigration laws and policies by following trusted sources like the U.S. Citizenship and Immigration Services (USCIS) website.

By taking these actions, you can better safeguard your immigration status and be prepared to handle any legal issues that arise.

Cancellation of Removal

“Cancellation of removal” is a legal process that can stop the government from deporting you, even if you have been convicted of crimes that usually lead to deportation. This process is challenging to get, but if successful, you may be eligible for permanent residence (a “green card”) if you don’t already have one.

You need to apply for cancellation of removal on your own. The requirements vary based on whether you are already a permanent resident. If you are not a permanent resident, you must prove that deporting you would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident family member.

The I-601 Waiver

You can apply for an I-601 waiver along with your visa or permanent residence application to seek forgiveness for your criminal offenses. This waiver can stop deportation proceedings and allow you to stay in the U.S. with your new visa or permanent resident status. You can apply for an I-601 waiver whether you are in the U.S. or abroad.

However, not all crimes qualify for the waiver. Some serious felonies, like murder, rape, arson, or terrorism, are not eligible for a waiver. Many drug offenses can also disqualify you. It’s important to consult with your lawyer to determine if you have a chance of obtaining an I-601 waiver.

Arrested? Don’t Plea, Call Me!

For non-citizens in Texas, understanding which crimes can lead to deportation is crucial. Whether you are facing charges for an aggravated felony, a crime involving moral turpitude, or a controlled substance offense, the impact on your immigration status can be life-altering.

If you or a loved one is in this situation, it’s essential to seek legal advice immediately. A criminal conviction doesn’t automatically mean deportation, but time is of the essence. Contact us today to discuss your case with Texas Criminal Defense Group who can help you navigate these challenging circumstances and protect your future.