What Are Aggravated Felonies for Immigration?

Understanding Aggravated Felonies and Their Impact on Non-Citizens
For non-citizens in the United States, understanding the intersection of criminal charges and immigration law is essential. The immigration system is complex, and its handling of criminal convictions can significantly impact an individual’s ability to remain in or return to the U.S. Aggravated felonies, in particular, carry the most severe consequences, but navigating their definition and implications is far from straightforward.

Criminal Categories and Immigration Consequences
Many people assume there’s a straightforward list of crimes that non-citizens must avoid to protect their immigration status. Unfortunately, it’s more complicated. The U.S. immigration system divides crimes into three broad categories:

Petty Offenses
Crimes Involving Moral Turpitude (CIMT)
Aggravated Felonies
Each category comes with specific consequences, but aggravated felonies are the most severe. These offenses can serve as a near-total bar to immigration relief, impacting eligibility for visas, green cards, asylum, and other critical pathways. If a non-citizen has an aggravated felony on their record, they are often considered an “enforcement priority,” meaning the government may allocate resources to locate, detain, and remove them from the U.S.

What Makes Aggravated Felonies Unique?
One of the most confusing aspects of aggravated felonies is that there is no definitive list of qualifying crimes. The term is misleading because not all aggravated felonies are “felonies” under state law, and some may not even seem particularly severe. This ambiguity creates challenges for both non-citizens and their legal counsel.

Criminal defense attorneys without immigration expertise may inadvertently provide incorrect advice about the consequences of a plea deal. For instance:

Crimes such as theft, even with a sentence of less than a year, can be classified as aggravated felonies.
Certain non-violent offenses, like tax fraud or obstruction of justice, may also qualify.
For non-attorneys, this complexity can make it difficult to assess the risks associated with a criminal case. That’s why it’s essential for non-citizens to seek the advice of an experienced immigration attorney before accepting any plea deal or filing immigration paperwork.

What Happens to Non-Citizens Convicted of Aggravated Felonies?
The consequences of an aggravated felony are life-altering for non-citizens, often leading to immediate and permanent immigration penalties.

Ineligibility for Immigration Benefits
Non-citizens with an aggravated felony conviction are ineligible for visas, green cards, or any form of immigration relief.
Those already holding green cards or visas—whether for work, study, or tourism—are at high risk of deportation, formally known as “removal.”
Loss of Defenses to Removal
Typically, long-term residents with strong family ties may qualify for relief known as “cancellation of removal.” However, aggravated felonies disqualify individuals from this option, regardless of how long they’ve lived in the U.S. or their family connections.
Voluntary departure, an alternative that allows non-citizens to leave the U.S. without a formal removal order, is also unavailable.
Permanent Inadmissibility
Aggravated felonies render individuals permanently inadmissible to the U.S. This means they are barred from returning, even on a temporary visa or as part of a family-based petition.
If a non-citizen reenters the U.S. illegally after removal, they may face federal charges for illegal reentry. While first offenders often serve less than a year in prison, they are once again removed from the country and remain barred from lawful reentry.
Impact on Other Legal Rights
Aggravated felony convictions affect a wide range of immigration benefits and protections, including:

Marriage-Based Visas: Even if a U.S. citizen spouse petitions for the individual, the aggravated felony serves as a disqualifying factor.
Asylum: Those with an aggravated felony conviction are barred from seeking asylum, even if they face persecution in their home country.
Waivers and Adjustments of Status: Common pathways for overcoming other immigration issues are typically unavailable for those with aggravated felonies.
What About Long-Time Residents or Green Card Holders?
While some green card holders with an aggravated felony on their record may go unnoticed for years, this is not a reason for complacency. Filing new immigration paperwork, such as an application for U.S. citizenship, often triggers a review of the applicant’s criminal history. If an aggravated felony is discovered, it can lead to deportation proceedings, even if the conviction occurred decades earlier.

Avoiding Aggravated Felony Consequences
The first step for non-citizens facing criminal charges is to consult both a criminal defense attorney and an immigration attorney. Together, they can evaluate the potential immigration consequences of a conviction or plea deal. Key steps include:

Understanding the Charges: Work with legal counsel to determine whether the charge may qualify as an aggravated felony under immigration law.
Exploring Alternative Pleas: In some cases, charges can be negotiated or reduced to avoid the severe consequences of an aggravated felony.
Double-Checking Records: Even if you’re uncertain about your criminal history, it’s crucial to confirm whether any past convictions might be considered aggravated felonies before filing new immigration paperwork.
Final Thoughts
Aggravated felonies are one of the most severe legal barriers to maintaining or obtaining immigration status in the United States. The consequences are far-reaching and often permanent, making it vital for non-citizens to understand their rights and seek appropriate legal advice.

If you or a loved one is unsure about how a criminal charge might impact your immigration status, contact an experienced immigration attorney immediately. The stakes are high, but with the right legal guidance, you can make informed decisions to protect your future.

Please keep in mind that this is only a very partial list. Again, before you take ANY plea agreement, consult with an immigration attorney to make sure you aren’t making yourself deportable. Our attorneys offer free consultations. Call 602-989-5000.

The law offices of Alcock and Associates PC handles all types of immigration cases. The principle office is located in Phoenix, Arizona, but immigration matters are handled statewide by the firm.