Criminal Convictions that Result in Deportation

Immigrants with criminal records have come under more scrutiny under the new U.S. administration. President Donald Trump has promised to immediately deport “the people [immigrants] that are criminal and have criminal records.” Although the president’s immigration policies are still taking shape, current immigration laws allow the federal government to send you back to your native country or bar you from reentering the U.S. for a number of years if you are convicted of certain crimes.

So, what can an immigrant get deported for?

Aggravated Felony

If you commit an aggravated felony at any time after being admitted to the U.S., you may be deported. These are the most serious crimes in immigration law and they include murder, drug trafficking, ransom, rape, child pornography, spying, simple battery, failure to appear in court, theft, smuggling of undocumented people and document fraud.

Drug Conviction

Immigration can start a deportation case against you for a drug conviction, unless it’s for simple possession of 30 grams or less of marijuana. You can also be deported or removed for being a drug abuser or addict, even without a conviction.

Crimes of Moral Turpitude

Crimes of moral turpitude (CIMT) are acts determined by a court (not immigration law) to be in violation of the accepted moral stands of the community. A person may be deported or removed for a CIMT if convicted within 5 years after admission to the U.S. or convicted of two CIMTs at any time after admission to the U.S. These offenses include perjury, tax evasion, wire fraud, child abuse, carrying a concealed weapon and driving under the influence.

Firearms Conviction

A conviction for buying, selling, owning or carrying a firearm or other destructive weapon at any time after being admitted to the U.S. is a deportable offense.

Crime of Domestic Violence

You can be deported for a conviction of domestic violence, child abuse, child neglect, child abandonment, stalking, or for violating a restraining order.

After deportation, a person must wait either 5 or 10 years (depending on the case) before returning to the United States. You can ask USCIS for permission to re-enter sooner, but they may not allow it. With an aggravated felony conviction, you may never be able to return to the U.S.

If you are facing deportation, enlist the help of our Cleveland immigration lawyers at Sintsirmas & Mueller Co. L.P.A. Our experienced attorneys have 50+ years of total legal experience focused on immigration law and we are confident in our ability to successfully achieve a favorable outcome for you.