Deportation/Removal Due to Criminal Grounds For Deportation
Criminal Offenses - INA §237 (a)(2)(A) and (B)
Crimes of Moral Turpitude
An alien is deportable who if the alien is convicted of a crime involving moral turpitude committed within five years after the date of their admission to the United States, and is convicted of a crime for which a sentence of one year or longer may be imposed. It does not matter what sentence was imposed in deportation proceedings, but whether the maximum penalty that could have been imposed was one year or more.
Crimes of moral turpitude include crimes involving dishonesty, fraud, or malicious intent, including threatening behavior. However, Involuntary manslaughter, simple assault or regulatory violations are generally not considered crimes of moral turpitude. It is important to seek the advice of an experienced immigration attorney prior to agreeing to any plea bargains or pleading guilty to any offense to a crime that might constitute a crime of moral turpitude.
Waiver: This bar to removal will be waived if the alien has received a full and unconditional pardon with respect to the conviction from the President of the United States or a Governor from any of the fifty states.
Multiple Criminal Convictions
Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether sentenced to any prison time and regardless of whether the convictions were in a single trial, is deportable.
Waiver:This bar to removal will be waived if the alien has received a full and unconditional pardon with respect to the conviction from the President of the United States or a Governor from any of the fifty states.
Aggravated Felony
Any alien who is convicted of an aggravated felony at any time after admission is deportable. The term "aggravated felony" is defined in the Immigration and Nationality Act to include certain offenses outlined in INA § 101(a)(43). Whether a crime will be considered an "aggravated felony" requires a detailed analysis of the immigration law as well as the criminal law in the jurisdiction where the alien is charged. It is important to consult with an immigration attorney prior to accepting any plea bargain deals or pleading guilty to any criminal offense that may constitute an aggravated felony. An aggravated felony determination will result in a permanent bar on reentry after removal and bar the removal relief of asylum, voluntary departure, suspension of deportation, registry, naturalization, cancellation of removal proceedings and judicial removal.
Waiver: This bar to removal will be waived if the alien has received a full and unconditional pardon with respect to the conviction from the President of the United States or a Governor from any of the fifty states.
High Speed Flight
Any alien convicted of high speed flight from an immigration checkpoint is deportable.
Waiver:This bar to removal will be waived if the alien has received a full and unconditional pardon with respect to the conviction from the President of the United States or a Governor from any of the fifty states.
Failure to Register as a Sex Offender
Any alien who is convicted failing to register as a sex offender is deportable.
Controlled Substances
Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation relating to a controlled substance is deportable.
Exception/Waiver: However, there is an exception for a single offense involving possession for one's own use of 30 grams or less of marijuana.
Certain Firearm Offenses - INA §237 (a)(2)(C)
Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device in violation of any law is deportable.
Crimes of Domestic Violence - INA §237 (a)(2)(E)
Aliens can be deported for stalking, violation of a protective order, or crimes against children.
Waiver: Under INA § 237 (a)(7), the Attorney General may waive the application of this ground for removal if the alien has been battered or subject to extreme cruelty if he finds that: (1) the alien was acting is self defense; (2) the alien was found to have violated a protection order intended to protect the alien, or (3) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury; and where there was a connection between the crime and the alien's having been battered or subjected to extreme cruelty.