Aggravated Felonies

The term “aggravated felony” carries significant weight within criminal law and immigration. It refers to a specific category of crimes that are considered more serious than others and that have severe consequences for non-citizens under U.S. law. These types of crimes often lead to deportation.
Aggravated felonies can range from violent offenses to certain non-violent crimes, such as fraud or drug trafficking. Examples of crimes that fall into this category include murder, rape, sexual abuse of a minor, drug trafficking, money laundering, and firearms offenses, among other crimes.

Consequences of Aggravated Felony

Being convicted of an aggravated felony can have severe repercussions for non-citizens, particularly those who are in the U.S. without proper documentation or lawful status. Non-citizens may be subjected to the following:

• Deportation or removal from the U.S.
• Mandatory detention if they are in removal proceedings.
• Being barred from reentering the U.S. in the future
• Ineligibility for certain forms of relief from removal, such as asylum, cancellation of removal, or adjustment of status

Potential Impact on Legal Permanent Residents

Even legal permanent residents (green card holders) can be affected by an aggravated felony conviction. Depending on the circumstances, a green card holder convicted of an aggravated felony may face deportation and lose their lawful permanent resident status. This demonstrates the seriousness of these crimes and the potential consequences for individuals who are not citizens of the U.S.

Exceptions and Waivers

There are certain exceptions and waivers available for those convicted of an aggravated felony, but only in limited circumstances. For example, some crimes that are classified as aggravated felonies may be eligible for a waiver if the individual can demonstrate circumstances such as being a victim of human trafficking or having a U.S. citizen or lawful permanent resident spouse, child, or parent who would suffer extreme hardship due to their removal.

Aggravated felonies cover a wide range of offenses, from violent crimes to certain non-violent offenses. As such, it is essential for non-citizens to understand the potential immigration consequences associated with these felonies. The attorneys at US-ILC are well-versed in assisting non-citizens who find themselves facing aggravated felony charges. We are here to help!