A felony conviction does more than harm a criminal record. It can also trigger removal proceedings under federal law. For green card holders, certain convictions put green card status at risk. Not every charge leads to this result, but the risk is real for specific offenses.
Can a felony conviction lead to deportation
Federal law treats certain crimes as grounds for removal. Aggravated felonies are among the most serious. These include murder, drug trafficking, gun offenses and fraud where the victim’s loss tops $10,000. Some theft crimes with a sentence of at least one year may also qualify.
Courts generally use the categorical approach to compare statutory elements rather than underlying facts, but may review limited record documents under the modified categorical approach if the statute contains divisible elements. If an offense meets the federal meaning of an aggravated felony, the person may face removal.
Does the type of felony matter
The type of crime matters. Immigration law draws a line between crimes of moral turpitude and aggravated felonies. Crimes of moral turpitude can lead to removal when the offense occurred within five years of admission. The crime must also have carried at least one year in prison. A second such conviction at any time raises the same concern. Officials look at the offense, the sentence and the person’s record.
What options exist after a conviction
Federal immigration law offers certain lawful permanent residents a legal defense against deportation through a process known as cancellation of removal. Accessing this defense, however, is contingent upon satisfying three distinct legal thresholds:
- The individual must have held lawful permanent resident status for no fewer than five years
- The individual must have maintained an uninterrupted physical presence in the United States for no fewer than seven years from the date of any lawful entry
- The individual must have a clean record with respect to aggravated felony convictions
Importantly, the continuous residence clock stops when a person commits certain qualifying criminal offenses, which can eliminate eligibility before a formal conviction occurs.
Section 212(h) waivers of inadmissibility are strictly and statutorily barred for lawful permanent residents who have been convicted of an aggravated felony.
Steps green card holders should consider after a criminal charge
A felony conviction can affect a person’s right to stay in the U.S. Green card holders facing charges should act early. A conviction, a plea or a suspended sentence can affect removal risk and relief options. An attorney who handles both criminal and immigration law can assess those risks while options are still open.