Being charged with a felony can be frightening, and it’s even more concerning when you are subject to United States immigration laws. If you have received felony charges, it’s important to understand how it could impact your immigration status. Even if you have a green card, you may be subject to deportation if you violate US law. Here’s what you should know about felonies and deportation.
Will Any Crime Be Grounds for Deportation?
As a rule of thumb, only certain types of criminal convictions can lead to deportation. Domestic violence, firearms convictions, drug convictions, crimes of moral turpitude, and aggravated felonies may all lead to being deported. Aggravated felonies are not just those that involve jail time, and the list includes:
- Murder
- Espionage
- Drug trafficking
- Rape
- Sexual abuse of a minor
- Racketeering
- Money laundering (over $10,000)
- Tax evasion or other fraud (over $10,000)
- Obstruction of justice, perjury, or bribing a witness
- Violent crimes with a sentence of a year or longer
- And more
All of these crimes jeopardize your ability to stay in the United States, so contacting your immigration attorney as soon as possible is critical.
Can You Be Deported If You Are Appealing Your Conviction?
If you have felony charges and were convicted by are on direct appeal, you cannot be deported as a result. However, if you ask to vacate the conviction or file a habeas corpus petition, your felony conviction is considered finalized. As a result, the government can choose to start deportation proceedings.
Can You Come Back to the United States After Felony Conviction and Deportation?
If you are deported, you need to wait either 5 years or 10 years, depending on the circumstances of your conviction, before you are able to return to the United States. If this is your second time being deported, you will need to wait for 20 years. In some cases, the US will make an exception to the rule if you ask Immigration. However, it is critical to understand that conviction and deportation specifically for an aggravated felony is likely permanent, and you may be unable to ever enter the country again.
Learn More About the Immigration Process from The Law Office of Elizabeth Anu Lawrence
If you or a loved one are concerned about felony charges or other convictions that might jeopardize your immigration status, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.