Crimes that are eligible for deportation include certain drug crimes, fraud offenses, domestic violence offenses, and serious felonies. The type of crime and a person’s immigration status can affect what happens next.
A criminal charge can create serious immigration problems. In some cases, a guilty plea can determine whether someone can stay in the United States. If you or a loved one is in this situation, you can seek legal help.
Our deportation defense lawyer in El Paso will review the facts, explain the risks, and discuss ways to protect your future. Immigration cases often involve strict laws, changing rules, and tight deadlines. Getting help early may prevent mistakes that could hurt your case.
What Does Deportation Mean?
Deportation is the process of removing a person from the United States. The federal government may start removal proceedings when it believes that someone has violated immigration laws.
A person may receive a Notice to Appear before an immigration judge, who will decide whether the person can remain in the country. Not every arrest leads to deportation. The government must follow legal procedures before someone can be removed.
What Crimes Can Lead to Deportation?
Several types of crimes can lead to someone being removed from the U.S., including:
- Drug crimes: Some drug convictions can lead to deportation. Examples may include drug possession, drug trafficking, or selling illegal drugs.
- Fraud crimes: Crimes involving lies or deception for money or benefits may create immigration problems. Examples include identity theft and certain types of financial fraud.
- Domestic violence: Certain convictions involving family or household members may lead to removal proceedings.
- Firearm offenses: Some gun-related crimes may affect a person’s ability to stay in the United States.
- Serious felonies: Certain violent crimes, major theft offenses, and other serious crimes may result in deportation.
The exact facts in a case matter. Two people can face similar charges but face different immigration consequences.
What Is a Crime Involving Moral Turpitude?
A crime involving moral turpitude is a legal term used in immigration law. These crimes commonly involve:
- Theft with the intent to steal
- Fraud or deception
- Serious acts of dishonesty
The definition of this term can be complicated. Immigration courts review the facts, the law involved, and the person’s criminal record.
Can an Aggravated Felony Lead to Deportation?
Yes. An aggravated felony is one of the more serious categories of crimes under U.S. immigration law and can make deportation much more likely. The term can be confusing because some aggravated felonies are not classified as felonies under state law.
Examples may include:
- Certain drug trafficking offenses
- Some fraud offenses involving large financial losses
- Certain violent crimes
- Some theft offenses with longer prison sentences
Can a Misdemeanor Cause Deportation?
Some misdemeanors can lead to someone’s removal from the country. Many people assume that only felonies affect one’s immigration status, but immigration law doesn’t work that way.
A misdemeanor involving domestic violence, theft, fraud, drugs, or other qualifying offenses may create serious immigration consequences. The outcome depends on the specific law, the sentence, and the person’s immigration history.
Do Drug Crimes Affect Immigration Status?
Drug crimes can create some of the most serious immigration problems. Even a single conviction can affect applications for green cards, visas, naturalization, and removal proceedings.
Federal immigration law treats many drug offenses harshly. A person facing drug-related charges should understand the immigration risks before accepting a plea agreement.
Can a Green Card Holder Be Deported for a Crime?
A green card holder can still face immigration consequences after certain criminal convictions. In some situations, immigration officials may seek to remove the person from the United States. The type of offense, the sentence, and a person’s immigration history can all play a role.
What Challenges Can Arise in a Deportation Case?
A deportation case may become more difficult when a person has an old criminal record, missing court documents, or deadlines that have already passed. Some people receive advice from several sources and end up with conflicting information about their options.
Language barriers can create extra problems when forms, notices, or court instructions are not fully understood. Some cases involve both criminal and immigration courts at the same time.
What happens in one case can affect the other, which is one reason many people seek legal guidance before making important decisions.
Can Someone Fight Deportation After a Criminal Conviction?
This can happen in some situations. Several forms of relief may be available depending on the person’s circumstances.
Possible options may include:
- Cancellation of a removal order
- Asylum
- Protection under federal immigration laws
- Motions to reopen certain cases
- Appeals of immigration decisions
Eligibility depends on the person’s record, immigration history, and the facts of the case.
What Should Someone Do After an Arrest?
The first steps after an arrest matter. The person should do all of the following:
- Learn how the charge may affect their immigration status.
- Keep copies of court documents.
- Attend all court hearings.
- Avoid missing immigration deadlines.
- Speak with our El Paso immigration lawyer before accepting a plea agreement.
A criminal case that appears minor can carry serious consequences concerning immigration status. If you or a loved one is unsure about what an arrest or charge means for your future, you can reach out to our team for legal help.
Get Help With Crimes That May Lead to Deportation
Crimes that can lead to deportation often raise challenging legal questions. Every case is different, and the outcome can depend on the person’s criminal record, immigration status, and other facts.
Mendoza Law has helped more than 100,000 people with immigration matters and brings over 100 years of combined experience to its work. Attorney Maria and her team take the time to review each case carefully and explain the options available.
We focus on honest guidance, personal attention, and strong legal strategies for people facing immigration problems in the U.S. The fight continues. For a review of your legal options and possible next steps, call us today for a free consultation.