For non-citizens, a criminal conviction can have severe immigration consequences, potentially including deportation and permanent inadmissibility. Understanding these risks is critical.
Deportable offenses: Under INA §237, grounds for deportation include aggravated felonies, crimes involving moral turpitude committed within 5 years of admission, controlled substance offenses, firearms offenses, and domestic violence crimes.
Aggravated felonies: This is a broad immigration term that doesn't always match the criminal law definition. It includes murder, drug trafficking, theft offenses with a sentence of 1 year or more, and fraud over $10,000. An aggravated felony conviction makes you ineligible for virtually all forms of immigration relief.
Crimes involving moral turpitude (CIMT): Generally includes crimes with an element of fraud, deceit, or intent to harm. Examples: theft crimes, fraud, assault with intent to cause serious harm. One CIMT conviction within 5 years of admission can trigger deportability.
The petty offense exception: A single CIMT is not grounds for inadmissibility if the maximum penalty did not exceed 1 year and the actual sentence was 6 months or less.
Critical advice: If you are a non-citizen facing criminal charges, consult an immigration attorney before accepting any plea deal. What may seem like a minor criminal outcome can have devastating immigration consequences.