Brief overview of the Crimes that can result in Deportation. For more information, please visit: http://www.ImmigrationInfoSite.com

1. Criminal Convictions &
Deportation
by Marshall H. Hong, J.D.
www.Hong-Immigration.com
www.ImmigrationInfoSite.com

2. Disclaimer
This Presentation is not intended as a substitute for personalized
legal advice from a qualified immigration attorney.
This Presentation is intended to give a general overview of the
types of Criminal Convictions that could result in Deportation.
If you are not a U.S. Citizen and you have been charged with a
crime, or if you are already facing Deportation due to a Criminal
Conviction, you should consult with a qualified immigration
attorney in your area for advice and possible representation.
At the conclusion of this Presentation you will find contact
information for the Author – please feel free to contact the
Author if you have specific questions or would like additional
information on this or other immigration law topics.

3. Criminal Convictions &
Immigration Status
If you are residing in the U.S. and you are not a U.S. Citizen,
certain Criminal Convictions could result in negative
consequences with respect to your immigration status, which
include:
Deportation from the United States.
Refusal of Admission back into the United States after
temporary foreign travel (a/k/a Exclusion).
Denial of an Application for immigration benefits such as
Lawful Permanent Resident Status.
Denial of an Application for Naturalization (Citizenship).

4. Convictions & Deportation
This Presentation will focus on the issue of which Criminal
Convictions can lead to Deportation. Please visit
www.ImmigrationInfoSite.com
for information, articles, and other materials regarding other
potential immigration-related consequences of Criminal
Convictions, including Exclusion, and Denial of Immigration
Benefits.

5. Must be a “Conviction”
In most cases, a criminal charge must result in a “conviction”
before it can lead to a Deportation.
It is important to note that a “conviction” for immigration law
purposes may not be the same as a “conviction” under the
criminal laws of your state. If you have been charged with a
crime, and the criminal court disposed of the charge with an order
other than a “conviction” – or if the case is still pending and the
prosecutor offers an alternative disposition instead of a
“conviction”, in exchange for your plea of guilty - you should
consult with a qualified immigration attorney to determine
whether it will be considered a “conviction” for immigration law
(Deportation) purposes.

6. “Conviction” Defined
For Immigration Law purposes, under the Immigration and
Nationality Act (“INA”), a “Conviction” is defined as
follows:
A person has been “convicted” of a crime if a criminal court
(judge) has found that person guilty and has entered a
formal judgment of guilt against that person.
In some cases, even if the court has not entered a formal
judgment of guilt, a person may still be considered to have
been “convicted” (for immigration law purposes) if the
person was found guilty, or has entered a plea of guilty, and
the judge has entered some form of punishment or restraint
on the person’s liberty (for example, an order of Probation
or Supervision).

7. Which Dispositions are NOT
Considered “Convictions”?
The following dispositions of criminal charges are NOT
considered to be “Convictions” for immigration law
purposes:
Acquittals and other findings of “Not Guilty”.
Charges that have been dismissed by the prosecutor.
Cases resulting only in the imposition of court costs.
Certain diversionary programs where the defendant agrees
to participate in some rehabilitative or other program,
without an admission or finding of guilt.
Certain cases in which a conviction has been vacated on
due process or constitutional grounds (and not solely to
avoid immigration consequences).

8. Classification of Crimes -
Deportability
There are several classifications of Criminal Convictions that
can result in Deportability (the Convictions that result in
Excludability may differ and will not be discussed here):
Crimes Involving Moral Turpitude (“CIMT”).
Aggravated Felonies.
High Speed Flight.
Controlled Substance-Related Crimes.
Crimes Involving Firearms.
Domestic Violence Crimes.
Miscellaneous Crimes.

9. Crimes Involving Moral Turpitude
The term “Crimes Involving Moral Turpitude” (“CIMTs”) refers
generally to a range of crimes that are considered to be base,
vile, or depraved. The characterization is based on the “evil
intent” or “corrupt mind” of the perpetrator of the crime.
While there is no clearly defined list of crimes considered to be
CIMTs, they are usually those crimes that involve fraud or
dishonesty, sex crimes, and those crimes involving serious
harm or injury to another.
For a CIMT to be a Deportable offense, the alien must have
been “convicted” (see above); the CIMT must have been
committed within 5 years of the alien’s admission into the U.S.;
and the CIMT must also be one that is punishable by a sentence
of one year or more (even if the actual sentence is less than
one year).

10. Examples of CIMTs
Some examples of crimes that have been found to be CIMTs:
Robbery
Arson
Fraud
Assault resulting in serious bodily injury
Sex Crimes (an alien may also be Deportable for failure to
register as a Sex Offender if required to do so by law)
Retail Theft
(the proper determination of whether a crime is a CIMT may vary
from state to state and may require analysis by a qualified
immigration attorney)

11. Multiple CIMT Convictions
A non-Citizen may also be Deported if he has been
convicted of two or more CIMTs “not arising out of a
single scheme of criminal misconduct”
Under this section of the law, the crimes can have been
committed at any time after admission into the U.S. In
other words, unlike Deportability for a single CIMT
conviction, there is no requirement that the CIMTs have
been committed within 5 years of admission into the
U.S. to render the alien Deportable.

12. Aggravated Felonies
If an alien has been convicted of an “Aggravated Felony” at any
time after admission into the U.S., he is Deportable for that
offense.
As with CIMTs, there is no complete or clearly defined list of crimes
that are considered to be “Aggravated Felonies”. Additionally,
since criminal laws vary from state to state, the classification of a
crime as an “Aggravated Felony” more closely follows federal
criminal law than state law. This means that certain crimes which
are classified as misdemeanors under the laws of a state may still be
considered “Aggravated Felonies” for immigration law purposes,
and therefore result in Deportability.
(If you have been charged with or convicted of a crime, you should
consult with a qualified immigration attorney to determine whether
the crime is or may be considered an Aggravated Felony.)

13. Examples of “Aggravated Felonies”
Some examples of crimes that have been found to be Aggravated Felonies:
Murder, Rape, or Sexual Abuse of a Minor
Trafficking in Controlled Substances
Crimes of Violence for which the term of imprisonment is at least 1 year
Crimes relating to Child Pornography
Conviction for Entry Without Inspection following Deportation, if the
Deportation was based on an Aggravated Felony Conviction
Attempt or Conspiracy to Commit any of these offenses
(The above list is not complete. A proper determination of whether a crime is
an Aggravated Felony may vary from state to state and may require analysis
by a qualified immigration attorney)

14. “High Speed Flight” from an
Immigration Checkpoint
An alien convicted of the crime of High Speed Flight from an
immigration checkpoint will be Deportable for that offense.

15. Controlled-Substance Offenses
An alien will be Deportable if he has been convicted, at any time
after admission to the U.S., of a Controlled-Substance Offense
(Drug Offense) under the laws of any state, the United States, or
a foreign country.
Exception – an alien who has been convicted of only a single
offense, for possession only, of 30 grams or less of marijuana,
will not be Deportable for that offense.
An alien will also be Deportable if, at any time after admission to
the U.S., he is found to be a drug abuser or a drug addict.

16. Crimes Involving Firearms
An alien who, at any time after admission to the U.S., has been
convicted of a crime involving the purchase, sale, offer for sale,
exchange, possession, carrying, or attempt or conspiracy to
purchase, sell, exchange, possess, or carry a firearm in violation
of any law will be Deportable.

17. Domestic Violence & Related Crimes
An alien will be Deportable if, at any time after admission to the
U.S., he is convicted of a crime involving:
Domestic Violence;
Stalking;
Child Abuse, Child Neglect, or Child Abandonment; or
the Violation of an Order of Protection.
A crime of violence will be considered “Domestic Violence” if it is
committed against the perpetrator’s spouse, against a person
with whom the perpetrator has a child, or against a person who
resides with the perpetrator.

18. Miscellaneous Crimes
Convictions for the following “Miscellaneous Crimes”
will result in Deportability:
Espionage.
Sabotage.
Importing an alien for immoral purposes.
Violation of certain federal laws involving Trading with
the Enemy, Selective Service, Threats Against the
President, and/or Travel Restrictions.

19. Deportability and Relief from
Removal
Due to space limitations, this Presentation is necessarily an
incomplete and generalized overview of Crimes and Deportability. If
you have been charged with or convicted of a crime, or are facing
Deportation Proceedings for a Criminal Conviction, you should
consult with a qualified immigration attorney to determine:
Whether the conviction falls into one of the classifications of
Deportable crimes;
Whether you can Vacate the Conviction to avoid Deportation;
and/or
Whether you are eligible for any other form of Relief from
Removal, such as Cancellation of Removal, or a Waiver.

20. Conclusion
If you are not a U.S. Citizen, and you have been charged with or convicted of
a crime, it is important that you consult with a qualified immigration
attorney regarding your options and how the charge or conviction may
affect your status in the U.S., including the possibility of Deportation.
If you have been arrested, even if you believe you were not convicted, you
may still wish to consult with an immigration attorney, as the definition of
“conviction” for immigration law purposes may differ from the definition of
“conviction” under the laws of the state in which you were arrested.
This presentation is intended only as a general overview and does NOT
attempt to answer your individualized questions. For more information on
these and other immigration law issues, please visit:
www.ImmigrationInfoSite.com

21. For More Information, visit us at:
www.ImmigrationInfoSite.com
www.Hong-Immigration.com
or contact Marshall Hong by email at:
Marshall@Hong-Immigration.com