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An Aggravated Felony Can Get a Non-Citizen Removed (Deported) - U.S. Immigration Law | AllLaw

To lawfully reenter the United States, such an immigrant must receive a special waiver from the Department of Homeland Security which is very rare , in addition to meeting all other grounds of admissibility. Skip to main content.


Fact Sheet. Aggravated Felonies: An Overview.

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Criminal Convictions in the U. What may seem like a great outcome in a criminal case—for example, a guilty plea to a misdemeanor where no jail time has to actually be served—can result in severe immigration consequences, including deportation.

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This is because the U. Some criminal convictions can result in: Mandatory detention by the immigration authorities Deportability, ineligibility for a green card Ineligibility for many forms of relief as a defense in immigration court Ineligibility for citizenship Severe limitations for any travel outside of the United States. The intersection of criminal and immigration law is a very complex field of law.

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  5. The impact of a conviction on any particular immigration case depends on a number of variables. If a person charged with a crime resolves the case through an agreement with the prosecution or a plea, the structure of the plea taken is of the utmost importance. Similarly, sometimes the length of a sentence—even a single day—can mean all the difference between a person continuing to live here with his or her family and deportation. Often, we see clients when they have been placed into deportation proceedings for a guilty plea taken long ago.

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    They often wish that they had understood the immigration consequences at the time of their criminal case. If they understood the immigration consequences, they would have never accepted the criminal plea which now places them in such jeopardy. The time to strategize for how a criminal conviction may impact your immigration case is before your trial.

    We want our clients to be fully armed with knowledge of both the criminal and immigration consequences of the charges they are facing. Then clients can make the most informed and best decisions possible for their cases and futures.

    Aggravated felonies and citizenship don't mix

    Bong, a graduate of Harvard University and the University of Richmond School Of Law, has joined the firm and will focus his practice on criminal and domestic relations issues which will complement our immigration practice.