What is an aggravated felony how does it affect my ability to stay in the US?
You were charged with a felony, but fearing the deportation consequences, you made a plea deal that reduced the charge against you to a misdemeanor. You may think that you are off the hook. But that is not necessarily the case. The federal definition of “aggravated felony” could include a misdemeanor under state law. Even more shocking is that you do not even have to be convicted (under the common understanding of the word) or plead guilty to be subjected to deportation. It may be enlightening to you to take a more detailed look at what an aggravated felony is and how the commission of one can affect your ability to stay in the United States.
1. What constitutes an “aggravated felony”?
The list of crimes that constitute an “aggravated felony” has grown steadily over the years to its current state. Some of the crimes which are defined as aggravated felonies include murder, rape, sexual abuse of a minor, drug trafficking, theft and robbery offenses for which the term of imprisonment is at least one year, running a prostitution business, kidnapping, bribery, counterfeiting, forgery, perjury, and crimes of violence for which the term of imprisonment is at least one year.
The last one in that list, “crimes of violence” is very broad and includes an inexhaustible list of offenses. Federal law defines “crime of violence” as “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” If you are accused of a crime that could fit in this definition, you should proceed with caution in resolving your criminal case. It is always a good idea to ask your attorney to pay special attention to the immigration consequences of your case. A misstep could be disastrous and have far-reaching consequences.
And it makes no difference if you committed a crime in violation of federal or state law. In fact, even if you committed the crime in another country, you are deportable, if you were still serving the term of imprisonment anytime within the last fifteen years.
2. What constitutes a “conviction”?
You have been “convicted”, for immigration purposes where a formal judgment of guilt has been entered against you by a court, or if adjudication has been withheld, a judge has ordered some form of punishment, penalty, or restraint on your liberty, and one of the following has occurred: a judge or jury has found you guilty, you have entered a plea of guilty or no contest, or you have admitted sufficient facts to warrant a finding of guilt. Note also that expungements will not allow you to avoid the immigration consequences of your crime.
3. Will I be deported, and if so, can I ever return to the United States?
If you are convicted of an aggravated felony, you are deportable. You will be placed in removal proceedings, and if the allegations against you are proven according to the standards of the immigration court and you are not granted a waiver (see article on relief from removal [provide link], you will be ordered removed. Once you are ordered removed because of a conviction of an aggravated felony, you are barred from returning to the United States forever. If you later enter illegally, attempt to enter, or are found in the United States, you may be sentenced to up to twenty years in prison.
1. What constitutes an “aggravated felony”?
The list of crimes that constitute an “aggravated felony” has grown steadily over the years to its current state. Some of the crimes which are defined as aggravated felonies include murder, rape, sexual abuse of a minor, drug trafficking, theft and robbery offenses for which the term of imprisonment is at least one year, running a prostitution business, kidnapping, bribery, counterfeiting, forgery, perjury, and crimes of violence for which the term of imprisonment is at least one year.
The last one in that list, “crimes of violence” is very broad and includes an inexhaustible list of offenses. Federal law defines “crime of violence” as “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” If you are accused of a crime that could fit in this definition, you should proceed with caution in resolving your criminal case. It is always a good idea to ask your attorney to pay special attention to the immigration consequences of your case. A misstep could be disastrous and have far-reaching consequences.
And it makes no difference if you committed a crime in violation of federal or state law. In fact, even if you committed the crime in another country, you are deportable, if you were still serving the term of imprisonment anytime within the last fifteen years.
2. What constitutes a “conviction”?
You have been “convicted”, for immigration purposes where a formal judgment of guilt has been entered against you by a court, or if adjudication has been withheld, a judge has ordered some form of punishment, penalty, or restraint on your liberty, and one of the following has occurred: a judge or jury has found you guilty, you have entered a plea of guilty or no contest, or you have admitted sufficient facts to warrant a finding of guilt. Note also that expungements will not allow you to avoid the immigration consequences of your crime.
3. Will I be deported, and if so, can I ever return to the United States?
If you are convicted of an aggravated felony, you are deportable. You will be placed in removal proceedings, and if the allegations against you are proven according to the standards of the immigration court and you are not granted a waiver (see article on relief from removal [provide link], you will be ordered removed. Once you are ordered removed because of a conviction of an aggravated felony, you are barred from returning to the United States forever. If you later enter illegally, attempt to enter, or are found in the United States, you may be sentenced to up to twenty years in prison.