A criminal conviction can lead to deportation for some noncitizens, even after the sentence is over. The result depends on the crime, the sentence and the person’s immigration status.
What crimes can cause removal?
Federal immigration law lists several crimes that can lead to removal. These can include aggravated felonies, some crimes involving moral turpitude, drug offenses, firearms offenses and certain domestic violence offenses.
The exact crime matters. Courts look at the law, the facts and the final conviction record. A crime’s name alone does not always control the result.
Why aggravated felony status matters
An aggravated felony can create major immigration problems. It may block relief like asylum or cancellation of removal and can speed up removal in some cases.
Drug convictions can also cause serious problems. In some cases, even a state conviction can lead to federal immigration consequences. A narrow marijuana exception may apply in limited situations.
Why post-conviction relief may help
If the criminal case was handled wrongly, post-conviction relief may help reduce immigration harm. For example, a lawyer may have failed to explain the immigration effects of a plea.
A sentence change does not always remove deportation risk. Courts and immigration officials look at why the conviction changed and what the final record shows.
What to do next
If you are a noncitizen facing criminal charges or already have a conviction, get legal advice as soon as possible. A lawyer who knows both criminal law and immigration law can review the record, explain the risk and help protect your options.