Criminal grounds of deportation

The only people safe from deportation are United States citizens. Anyone in any other status is subject to the deportation grounds set forth in the Immigration and Nationality Act (INA). This article will focus specifically on the criminal grounds of deportation.

The criminal grounds of deportation are set forth in 8 U.S.C Section 1227. These criminal grounds are set forth as follows:

• aggravated felony. Next to drug crimes, These are the most serious crimes in immigration law. For many crimes, individuals can request a waiver, but not for most aggravated felonies, Further, aggravated felony convictions make certain individuals ineligible for certain types of relief such as asylum and cancellation of removal. All of the aggravated felonies are listed 8 USC 101(a)(43) and are as follows 
• Murder
• Drug trafficking (including possession with intent to distribute)
• Money laundering involving over $10,000
• Trafficking in firearms or explosives
• Crime of violence with a sentence of at least 1 year
• Theft, receipt of stolen property or burglary with a sentence of at least 1 year
• Crimes involving ransom
• Rape or sexual abuse of a minor
• Child pornography
• Gambling where a sentence of at least 1 year may be imposed
• Racketeering where a sentence of at least 1 year may be imposed
• Engaging in the business of prostitution or slavery
• Spying
• Fraud or deceit worth over $10,000 or tax evasion worth over $10,000
• Smuggling of undocumented people, except a first offense to assist your spouse, child or parent
• Illegal entry or reentry after a deportation based on an aggravated felony
• Document fraud with a sentence of at least 1 year
• Failure to appear to serve a sentence for a crime if the underlying offense is punishable by imprisonment for a term of 5 years or more
• Commercial bribery, counterfeiting, forgery or trafficking in vehicles with a sentence of at least 1 year
• Obstruction of justice, perjury or bribery of a witness with a sentence of at least 1 year
• Failure to appear in court under a court order for a felony charge for which a sentence of at least 2 years' imprisonment may be impose
• An attempt or conspiracy to commit any of the offenses described above                                                                                                                                                                        In addition to aggravated felonies, there are a number of other crimes, which make individuals deportable. These other crimes are as follows:
•   any drug possession conviction excluding possession of 30 grams or less of marijuana
• conviction of either a) one crime of moral turpitude committed within five years of entry into the United States; or b) two crimes of moral turpitude committed at any time unless they were committed in a single scheme of criminal misconduct. The term "moral turpitude" is an extremely vague term, but generally has been defined by immigration authorities as "conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general.” The person committing it should have had either an “evil intent” or been acting recklessly."
• certain firearms convictions set forth in 8 USC 1227(a)(2)(C)
  
• crimes of domestic violence
  
• espionage, sabotage or treason set forth in 8 USC 122(A)(2)(D); and
  
• activities relating to national security and terrorism 
  

The good news is that there are certain defenses you may raise if you are being deported on one of these grounds. Many people may apply for what is referred to as "readjustment of status" in immigration court and ask for a waiver of inadmissibility using form 601. In order to successfully qualify for this waiver, you will have to prove that your removal woud result in extreme hardship to an immediate U.S. citizen parent, spouse or child. 

Navigating through criminal grounds of deportability often takes an extremely experienced attorney to determine whether a particular conviction makes you deportable. Fortunately, Louisiana immigration lawyers at Liberty Law Group have the expertise to assist you this and will be happy to provide you a free case analysis in order to determine whether you or a family member are deportable and, if so, whether any waivers might be available for you to remain in the United States. 
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