Navigating the US immigration system can be complex. It can get more complicated when criminal convictions are involved. If you’re an immigrant living in the U.S., how exactly does a felony criminal charge affect you? Will a conviction affect your immigration status? 

What are felonies? 

Felonies are the most serious crimes in the U.S. legal system. They typically involve significant prison sentences, often exceeding a year. Murder, rape, drug trafficking and major fraud are examples of felonies.  

When does a felony lead to deportation?

The Immigration and Nationality Act (INA) lists grounds for deportation, including criminal convictions. Two key categories of crime that can trigger deportation proceedings are: 

• Aggravated felonies: These heinous offenses encompass crimes such as murder, drug trafficking and certain types of fraud. A conviction for an aggravated felony almost always leads to deportation, regardless of how long you’ve been in the country or your immigration status. 
• Crimes of moral turpitude: These crimes are inherently wrong or harmful, including theft, perjury and certain sex offenses. While the consequences may vary depending on the crime and your immigration status, deportation remains a possibility. 

Misdemeanor offenses that don’t fall under the above categories can potentially lead to deportation. These apply to crimes that involve violence, dishonesty or a lengthy prison sentence. The judgment will depend on different factors, including: 

• Severity of the crime: More severe offenses carry a higher risk of deportation 
• Status of the immigrant: Lawfully admitted immigrants with permanent residency or green cards may have more options to fight deportation than those who entered the country illegally 
• Circumstances of the case: The individual’s criminal history, age at the time of the offense and rehabilitation efforts can influence the outcome 

Immigration laws are complex and constantly evolving. Timely legal intervention can significantly impact the outcome of your case. Immediate action may potentially help you avoid deportation.  

Deportation can mean upending your life and separation from your loved ones. If you’ve been convicted of a felony and are concerned about your immigration status, seeking legal counsel from an experienced immigration attorney may be crucial. They may assess your specific situation, explain your rights and options and guide you through the legal process.