How an Aggravated Felony Affects Your Status

More often than not, people commit crimes and at times these crimes are committed by nonimmigrants or green card holders. It is common that such non U. S. citizens are unaware that being convicted of some crimes can result in removal proceedings and deportation. The term aggravated felony sounds like a serious crime, the reality is that it refers to serious crimes. Any noncitizen that is convicted of an aggravated felony will lose his or her right to many immigration benefits. Once the nonimmigrant is convicted of an aggravated felony he or she will become ineligible to receive asylum. Further, he or she may lose the eligibility for a US visa or green card and if the person is already living in or in the U. S., with a green card or visa, he or she will likely be ordered for removal or deportation. In addition, if the person gets as far as submitting an application for U. S. citizenship, the aggravated felony conviction will not only result in the application being denied but the applicant will be permanently barred from U. S. citizenship.

The term aggravated felony comes from Federal law but is applied to crimes that were prosecuted under state law. As such, state crimes which may seem minor to many and do not involve violence are considered and viewed as aggravated felonies by Federal immigration authorities. Therefore, a person with a misdemeanor on his or her record could be told by the U. S. immigration authorities that the crime was an aggravated felony in their view. The description of crimes that are considered an aggravated felony under immigration law can be found in the Immigration and Nationality Act (INA) §101(a) (45). The list of crimes which fall into the category of an aggravated felony under the immigration law include:

• rape

• murder

• sexual abuse of a minor (which include statutory rape)

• drug trafficking

• various offences in respect of firearms and explosive materials

• racketeering

• money laundering of more than $10000

• fraud or tax evasion involving more than $10000

• theft or violent crimes with a sentence order of at least one year

• perjury with a sentence of at least one year

• kidnapping

• child pornography

• trafficking in persons or running a prostitution business

• spying, treason or sabotage

• commercial bribery, counterfeiting, forgery or trafficking in vehicles

• failure to appear in court on a felony charge for which a sentence of 2 years in prison may be imposed 

• obstruction of justice, perjury or bribery of a witness, if the term of imprisonment was at least one year

The above is not a complete list of potential aggravated felonies. It is also important to note that an individual should not try to evaluate his or her situation based on this list neither should a person attempt to evaluate another person’s situation based on the above list. It is imperative that a full analysis of one’s situation be carried out by an immigration lawyer. In order to do this, start looking for immigration lawyers in Detroit or in the city you are in.

To apply for Detroit green card, the author recommends the Herman Legal Group.