For those who currently have an immigrant status in the United States, criminal charges can come with severe consequences, including deportation. Under federal law, convictions of certain types of crimes can make a foreign national deportable.
Under the Immigration and Nationality act of 1965, there are several types of criminal charges that can result in deportation and other immigration consequences, including but not limited to:
"Crimes of moral turpitude," given it meets certain requirements
Aggravated felonies
Domestic violence
That is just a small sampling of the criminal charges that can have immigration consequences. We will outline the full list and potential immigration consequences below.
However, if you are currently facing any charges that could affect your immigration status here in LA, you should contact us immediately at 323-655-5700 for a free consultation to discuss your case.
William Kroger has been a top LA criminal defense attorney for decades and has experience fighting all manner of criminal charges.
Under federal law, convictions of certain crimes can make a foreign national deportable. Specifically, the Immigration and Nationality Act of 1965 outlines several types of crime that can affect immigration status, up to and including deportation. Below is a full summary of the potential convictions that can lead to deportation or revocation of any immigration status.
Under 8 USC §1227 (2), these are the crimes which can result in deportation for an immigrant in the United States:
Type of Crime
Eligibility Requirements
Crimes of Moral Turpitude
Committed within 5 years of admission into the country
Has a potential penalty of 1 year or longer in prison or jail
OR
Two or more crimes of moral turpitude were committed, so long as they were not from the same event
This applies even if both convictions were charged in a single trial
Aggravated Felonies
Any conviction of an aggravated felony makes a person eligible for deportation, regardless of how long after admission to the country it occurred
High Speed Flight
Any conviction of high speed flight from an immigration checkpoint (
) is eligible for deportation
Failure to Register as a Sex Offender
Any conviction of failing to register as a sex offender when required (
) is eligible
Violations of Controlled Substance Laws
Any conviction relating to violating controlled substance laws, in the US or another country, is eligible, unless:
It was a single offense for possession of 30 grams of marijuana or less for personal use
Being Addicted to a Controlled Substance
Similarly, any charge of being addicted to a controlled substance at any point after admission is eligible
Miscellaneous Firearm Offenses
Any conviction of buying, selling, exchanging, owning, any firearm or destructive device (according to
) in violation of any law can be eligible for deportation
This also applies to any conviction of conspiring to commit those crimes
Domestic Violence
Any conviction of these crimes, regardless of time after admission to the country, can result in deportation:
Domestic Violence
Stalking
Child abuse, neglect, or abandonment
Violating a Protective Order
A conviction of violating a court issued protective order (such as a restraining order) in a manner that involves:
Credible threats of violence
Repeated harassment of the victim
Any bodily injury
Human Trafficking Offenses
Anyone who falls under
is eligible for deportation, which includes anyone who:
Committed, or conspired to commit, an act of human trafficking
Helped, assisted, or otherwise aided an offense of human trafficking
Knowingly obtained any benefit, financial or otherwise, from human trafficking within 5 years
o This applies to any spouse, son, or daughter who received benefits, unless they were a child at the time
Other Miscellaneous Crimes
There are a handful of other miscellaneous convictions that can make a person eligible for deportation:
Any conviction of the following which was eligible for a penalty of five or more years in prison:
Any espionage offense (
)
Any sabotage offense (
)
Any treason or sabotage offense (
)
Any conviction of threatening the President or successors (
)
A conviction of violating travel restrictions or related offense (
)
Other convictions including violations of the
Military Selective Service Act
or the
A major factor of whether or not a criminal conviction will affect your citizenship status is whether or not it was a “crime of moral turpitude.”
The term “moral turpitude” does not have a legal definition, technically speaking. However, in Navarro-Lopez v. Gonzalez, the 9th circuit federal court of appeals identified crimes of moral turpitude as “crimes that involve either fraud or base, vile, and depraved conduct that shocks the public conscience.”
This includes a broad range of crimes, including but not limited to:
Aggravated felonies
Controlled substance offenses
Certain firearm offenses
Human trafficking of any kind
Treason or espionage
Most crimes of moral turpitude are already outlined in the chart above, but since the definition is not concrete, there may be others which could also be considered crimes of “moral turpitude.”
The term “aggravated felony” shows up often when discussing criminal charges and immigration status, but it’s not as simple as it sounds. For the purposes of immigration law, an aggravated felony does not have to be either aggravated or a felony, at least not the typical way those words are used in normal criminal law.
In immigration law, an aggravated felony is any crime which the U.S. Congress has listed in USC 8 §1101(a)(43), and includes but is not limited to:
Murder
Rape
Simple battery
A large number of charges involving firearms or explosives
Human trafficking
Running a prostitution ring
This is just a small sampling of the total list of convictions which the U.S. Congress considers “aggravated felonies” for immigrations purposes. The most important thing to remember is that a conviction does not need to technically be a felony to be considered an “aggravated felony” for immigration purposes. Even misdemeanors can be “aggravated felonies,” so long as they are on the list.
California classifies criminal charges into various categories: Felonies, Misdemeanors, and Infractions (in descending order of severity). However, for those in the country with an immigration status, it can depend on much more than just the severity of the charge.
Misdemeanor charges can still affect your immigration status. There are several misdemeanor charges that can affect your immigration status, including but not limited to:
Burglary, shoplifting, and theft misdemeanors
Assault and/or battery
Domestic violence, as discussed above
Many misdemeanors relating to controlled substances, including possession of marijuana
However, that does not mean there are not legal strategies which can be used to help keep misdemeanors of those sorts from affecting your immigration status.
Even seemingly minor criminal charges can have major impacts on a person’s quality of life and their immigration status here in the states, and we understand just how devastating a sudden change in status can be to someone and their family.
With decades of experience as criminal defense lawyer in LA and a proven track record, William Kroger and the rest of our legal team are your best option for a successful defense. William is a known and trusted presence in the LA criminal defense system, and he, along with the rest of our legal team here, will work hard to ensure you have the best chance at a successful trial.
If you are currently facing any criminal charges which you believe may affect your immigration status, contact us immediately at 323-655-5700, or right here online, for a free consultation to review the details of your case. The sooner you get in touch, the sooner we can begin preparing your defense.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed sed augue mauris. Integer placerat et massa in pharetra. Cras diam mi, tincidunt nec erat in, mollis sagittis sapien. Quisque ultrices id diam quis dapibus. Nullam ac erat ac justo convallis fringilla nec ut purus. Vivamus volutpat orci et lacus tempus fringilla. Morbi sed erat vel nisi blandit placerat eget eget sapien.
Nulla eget tristique leo. Proin dignissim tellus nec risus congue fringilla. Donec interdum purus sem, a finibus ante efficitur ornare. Quisque ullamcorper pharetra lacus, vitae pharetra magna pretium vel. Donec aliquet purus sed pellentesque mollis. Pellentesque vestibulum eget massa in facilisis. Phasellus eu risus non metus consectetur facilisis. Interdum et malesuada fames ac ante ipsum primis in faucibus. In vitae fermentum enim, in vulputate diam. Aliquam malesuada urna suscipit, elementum sapien ac, posuere nisl.
Integer malesuada leo quis erat imperdiet aliquet. Aliquam ut eros vulputate, pharetra nulla quis, bibendum justo. Suspendisse justo leo, efficitur vel ex nec, fermentum condimentum dui. Suspendisse ut massa sit amet ligula mattis viverra. Sed sed turpis ligula. In vulputate, enim sit amet laoreet blandit, elit nisl fermentum odio, nec convallis libero dolor nec tellus. Donec rutrum nibh non nibh tincidunt, non iaculis diam dignissim. Sed nec massa pellentesque, gravida sem id, lobortis nisi. Integer turpis metus, sagittis vitae metus vel, feugiat congue nibh.
Vestibulum sed arcu eleifend ipsum eleifend semper nec sed est. Nam dapibus massa ut scelerisque egestas. Integer at elit faucibus elit molestie luctus. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur nulla neque, rhoncus sit amet ultricies ac, sagittis ac nibh. Praesent mattis ultricies nisi vitae efficitur. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nunc ullamcorper non est vitae faucibus. Duis pellentesque magna fermentum leo molestie, et dapibus diam dictum. Vivamus eu purus ullamcorper, consequat diam quis, blandit eros. Cras ultrices finibus metus, eget tempor sem euismod quis. Interdum et malesuada fames ac ante ipsum primis in faucibus.
Class aptent taciti sociosqu ad litora torquent per conubia nostra, per inceptos himenaeos. Fusce hendrerit arcu vel nisi bibendum, nec accumsan nunc sollicitudin. Mauris eu pretium ante, at rhoncus metus. Nunc dignissim turpis vel libero commodo imperdiet. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia curae; Donec gravida arcu eu turpis lobortis, vitae bibendum lectus egestas. Phasellus gravida eleifend ligula, eu sagittis diam rhoncus ut. Suspendisse fringilla ipsum eu purus tincidunt ornare. Vestibulum tincidunt enim eu ante mattis interdum. Integer molestie, est quis tincidunt dapibus, ex diam ultrices enim, nec vestibulum lectus orci non elit. Etiam vestibulum justo erat, ut vulputate urna dapibus vitae. Fusce ultrices lacus ac eros scelerisque, non malesuada neque ultrices. In pretium mi sed eros pharetra, eu molestie felis consectetur.
This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
"*" indicates required fields
