Who are subject to deportation for criminal convictions?

The Department of Homeland Security (Immigration) will initiate removal proceedings of a non-citizen if convicted of a crime that is considered: 

1.- an Aggravated Felony that was committed at any time after admission to the United States and/or

2.-if convicted of a crime involving Moral Turpitude that was committed within a) five years of admission and b) that is punishable by imprisonment of at least one year.

The key word is punishable. The actual sentence imposed is not the controlling factor. The Department of Homeland Security (Immigration) will look at whether the person could have been imprisoned for at least one year. However, if the alien is convicted of two crimes involving moral turpitude, they will be subjected to removal even if has been more than 5 years after admission.

In addition, the following convictions are also grounds for removal criminal deportation:

• convicted after admission of any violation of a federal, state, or foreign law or regulation relating to a controlled substance (other than a single offense for possessing 30 grams or less of marijuana for personal use);
• is, or at any time after admission has been, a drug abuser or drug addict;
• is convicted at any time after admission of an offense related to a firearm or destructive device (including unlawful commerce relating to, possession, or use of a firearm or destructive device);
• is convicted at any time of an offense related to espionage, sabotage, or treason or sedition, if the offense is punishable by imprisonment of five years or more; is convicted of an offense under the Military Selective Service Actor the Trading with the Enemy Act;
• is convicted of an offense under 18 U.S.C. 758 (High-Speed Flight from an Immigration Checkpoint);
• is convicted of threatening by mail the President, Vice President, or other officer in the line of presidential succession;
• is convicted at any time after entry of a crime of Domestic Violence, Stalking, Child Abuse, Child Neglect, or Child Abandonment; or 
• violates an Order of Protection related to violence or harassment.

Non US citizens have to consider the immigration consequences of a criminal record. A criminal conviction may be catastrophic because it may lead to deportation and/or denial of citizenship.

Source: LegalDefenderspc

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