Aggravated Felony and Deportation
In order to protect US citizens and persons residing in the United States, Congress has determined that noncitizens, who violate certain types of immigration laws, commit crimes or pose a threat to the national security should not be allowed to stay in the country. Congress has defined which types of conduct will prohibit a person from entering the United States or once in the country, bar them from remaining there.
The Immigration and Nationality Act defines what constitutes an aggravated felony. This definition includes but is not limited to the following types of crimes:
- Sexual abuse of a minor
- Money laundering
- Tax evasion
- Fraud or deceit of over $10,000
- Crimes of violent offense, for which the term of imprisonment imposed is at least one year
- Theft or burglary offense, for which the term of imprisonment imposed is at least one year
- Illicit trafficking of a controlled substance
All noncitizens convicted of an aggravated felony are subject to deportation. If deported, the noncitizen will be barred from the United States for twenty years. If convicted after November 29, 1990, the individual will be permanently barred from naturalizing. It is important to note that under the immigration law, a misdemeanor under state law can be considered an aggravated felony, even if it is not considered aggravated under state law.
A noncitizen convicted of an aggravated felony will trigger deportation in most cases and will probably not be eligible for discretionary relief. Many factors go into determining whether a noncitizen would be eligible for relief such as jurisdiction, date of conviction, and immigration status.
The consequences of being convicted of an aggravated felony are serious and may result in losing the privilege of remaining in the United States. If you have been arrested please contact our law office.
The experience you deserve. The knowledge you desire. The results you want.
From our location in Fort Lauderdale, The Law Offices of Adam Franzen, LLC handles immigration cases in all fifty states of the United States of America and for clients coming from countries throughout the world. If you need the help of an experienced and skilled immigration attorney today, call our number at 954-462-5790, or schedule an initial free consultation online.