Can a Permanent Resident be Deported for a Felony?
As a permanent resident in the United States, one might assume that their immigration status is secure, but in reality, a permanent resident can still be deported under certain circumstances. In fact, over 70% of deportations involve individuals who have lived in the United States for an average of 14 years or more. [1] One of the most common reasons for deportation is a criminal conviction, including a felony.
The Immigration and Nationality Act (INA)
The INA, also known as the Immigration and Nationality Act of 1952, sets the standards for immigration to the United States. Section 212(a)(2)(A) of the INA states that any alien who is convicted of a crime involving moral turpitude and sentenced to one year or more imprisonment shall be excludable. [2]
What constitutes a Felony?
In the United States, a felony is defined as a serious crime punishable by more than one year in prison. According to the INA, any felony conviction that is considered an "aggravated felony" under Section 101(a)(43)(A) can lead to deportation. [3]
Examples of Felonies that Can Lead to Deportation
- Drugs and Drug Trafficking: Any drug-related offense, including possession, distribution, and trafficking, can be considered an aggravated felony and result in deportation.
- Assault and Battery: Assault and battery with the intent to kill or seriously harm can be considered a felony and lead to deportation.
- Burglary: Burglary is considered a felony, and if committed while the alien is in the United States, it can result in deportation.
- Arson: Any intentional damage to property using fire or explosives can be considered an aggravated felony and result in deportation.
- Murder: Convictions for murder or attempted murder can lead to deportation, regardless of the circumstances.
Factors That Affect Deportation
While a felony conviction can lead to deportation, there are certain factors that can influence the outcome:
- The Severity of the Sentence: A sentence of one year or more in prison can make an alien deportable, but a sentence of less than one year may not.
- The Manner in which the Sentence was Served: If an alien served a portion of their sentence and was then released, their felony conviction may not necessarily result in deportation.
- Prior Immigration Status: An alien who has previously been deported or has overstayed a visa may face additional immigration consequences.
- Evidence of Rehabilitation: An alien who has rehabilitated themselves after a felony conviction, such as completing treatment or participating in a rehabilitation program, may be able to argue that deportation would be harsh and unreasonable.
How to Fight Deportation
If you are a permanent resident facing deportation due to a felony conviction, there are steps you can take to fight against deportation:
- Work with an Experienced Immigration Attorney: An attorney familiar with immigration law and the deportation process can help you navigate the complexities of immigration law and advocate for your rights.
- Provide Evidence of Rehabilitation: Providing evidence of rehabilitation, such as completion of a treatment program or a clean criminal record, can help argue against deportation.
- Apply for a Waiver: Depending on the circumstances, an alien may be able to apply for a waiver of deportation, which would allow them to remain in the United States.
Conclusion
A felony conviction can be a significant obstacle to immigration status in the United States, even for a permanent resident. It is essential for individuals facing deportation to work with an experienced immigration attorney and to provide evidence of rehabilitation. Understanding the complexities of immigration law and the deportation process can help permanent residents navigate these challenging situations and fight against deportation.
Table: Immigration Consequences of a Felony Conviction
| Crime | Sentence | Deportation Consequences |
|---|---|---|
| Drugs and Drug Trafficking | More than 1 year | Excludable under Section 212(a)(2)(A) of the INA |
| Assault and Battery | More than 1 year | Excludable under Section 212(a)(2)(A) of the INA |
| Burglary | More than 1 year | Excludable under Section 212(a)(2)(A) of the INA |
| Arson | More than 1 year | Excludable under Section 212(a)(2)(A) of the INA |
| Murder | Any sentence | Deportable under Section 237(a)(2)(A)(i) of the INA |
References:
[1] Pew Research Center, "Immigration to the U.S. by Region: An Analysis of Recent Data" (2020) [2] Immigration and Nationality Act of 1952, Section 212(a)(2)(A) [3] Immigration and Nationality Act of 1952, Section 101(a)(43)(A)