Whether a violation of the law leads to deportation depends on the specific nature of the crime, the sentence imposed, immigration status and the specific requirements of federal immigration law. Here is what you need to know about U.S. immigration laws and policies.
Which criminal offenses can lead to deportation?
Immigration law lists several types of crimes that can get a noncitizen deported. Some of the most commonly encountered include:
- Aggravated felonies
- Crimes involving moral turpitude (a category that generally includes fraud, theft and intentional harm offenses)
- Controlled substance offenses
- Firearm and destructive device offenses
- Domestic violence, stalking, child abuse or neglect
A conviction for one of the above crimes can make fighting deportation very hard. Also, this list is not exhaustive. Depending on the statute of conviction and other case-specific factors, authorities may initiate removal proceedings.
What other grounds can lead to deportation?
In recent years, ICE has been deporting people with no criminal record. One of the important reasons for their removal has been violations of civil immigration laws, such as entering or staying in the U.S. illegally or overstaying a visa. Additionally, noncitizens who pose a threat to national security or who engage in specific prohibited activities like espionage or terrorism can be placed in removal proceedings even without a criminal conviction.
Understanding the risk of deportation
Determining whether a particular criminal conviction triggers deportation is not always straightforward because various factors come into play. With the help of an immigration attorney, you may be able to figure out your situation and look for possible solutions.
