Deportation for Criminal Convictions
Under United States immigration law, not all criminal convictions may lead to deportation for a foreign national. Here is a selection of the most common crimes which result in deportation:
Under U.S. immigration law, certain crimes are classified as aggravated felonies. These crimes, enshrined in U.S. immigration Statute 8 U.S.C. §1 101(a)(43) are considered to be the most serious crimes under immigration law – even though they may not be considered as such under criminal law. It should be noted that “aggravated felonies” under immigration law are not one and the same as “aggravated assault’ under criminal law. Possession with the intent to distribute, for example, is an aggravated felony under U.S. immigration law. Other forms of aggravated felonies include:
- Any violent crime which resulted in a sentence of at least one year in prison.
- Drug trafficking, including possession with the intent to distribute.
- Child pornography.
- Fraud worth over $10,000.
- Tax evasion over $10,000.
- Money laundering over $10,000.
- Racketeering which resulted in a sentence of at least one year in prison.
- Document fraud which resulted in a sentence of at least one year in prison.
- Failure to appear in court which resulted in a sentence of at least two years in prison.
- Illegal entry or reentry into the United States
- Rape and other sexual assaults.
- Trafficking of firearms and explosives.
Immigration law allows for the deportation of those who are convicted of domestic violence charges, which include stalking, aggravated stalking, child abuse, child neglect and abandonment, domestic violence, or violations of parole or protection orders. These crimes are covered under federal Statute 8 U.S.C. §1227(a)(2)(E).
U.S. Immigration officials have grounds to deport those who are convicted of drug crimes. Nearly all drug crimes, including those previously mentioned above, are subject to possible deportation. The only conviction which will not result in that is simple possession of marijuana for your own use.
Under immigration Statute 8 U.S.C. §1227(a)(2)(C) those convicted of a firearms offense may be subject to deportation.
Crimes of “Moral Turpitude”
Under U.S immigration law, those who are convicted of crimes of “moral turpitude” may also face deportation. Moral turpitude may be defined as “acts which gravely violate the sentiment or accepted standard of the community.” While moral turpitude crimes are loosely defined, the following are examples of criminal convictions which courts have determined to be “against the sentiment or accepted standard of the community:”
- Voluntary manslaughter.
- Rape and other sexual crimes.
Contact an Experienced Criminal Attorney Today
Because of the serious consequences which can occur to immigrants and foreign nationals, if you are charged with a crime in South Florida, you need to speak with an experienced criminal defense attorney right away. Although we don’t handle matters in immigration court, we mitigate your exposure in criminal court to give you the best possible outcome in immigration court. We’ll work hand in hand with your immigration attorney and if you don’t have one, we’re happy to make a referral in our network.
Chad Piotrowski has an extensive background in aggressively defending his clients from charges ranging from DUIs and marijuana possession to armed drug trafficking and murder. A former prosecutor in Miami-Dade County, Chad has the unique ability to anticipate the prosecution’s strategies to help build a strong defense to help obtain the best possible outcome for his clients.