You are currently viewing Deportable offenses

There are a variety of crimes that could be considered deportable offenses and therefore, can result in deportation, including those related to violence, drugs, fraud and firearms. If you commit one, it can represent a great obstacle in your immigration process.

The types of crimes, their severity and the age at which they were committed are key factors considered by immigration.

That said, we are here to assist you every step of the way and ensure you have the best chance of success in your immigration process. Call us, our criminal lawyers in Los Angeles will be able to help you resolve your situation.


Tell Us Your Case

What Are Considered Deportable Offenses In 2024

There are several crimes that can lead to the deportation of an immigrant in the United States. These include:

  • Aggravated felonies: These are serious crimes that usually include sexual crimes, armed robbery, drugs, among others.
  • Drug crimes: These usually include trafficking, possession and sale of any illegal narcotic.
  • Crimes of moral turpitude or depravity: These are those that violate morality and ethics. For example, child abuse, prostitution (in certain states), incest, lewd acts with a minor, and petty theft.
  • Violent crimes with prison sentences of up to one year: These are usually crimes such as assault or physical aggression.
  • Money laundering, fraud and tax evasion for more than $10,000: These are serious financial crimes that hide the illicit origin of money obtained through illegal activities, deception, perjury and non-payment of taxes.
  • Sexual crimes: These are those that involve some type of non-consensual or forced sexual contact with another individual. Likewise, any type of illegal sexual activity, such as rape, sexual abuse or sexual harassment.

Keep in mind that each case is different, so the help of our immigration lawyers in Los Angeles would be advisable . This will be to obtain specific advice about your scenario.

Other Crimes considered deportable offenses

crimes that lead to deportation

Impersonating An American Citizen

Pursuant to 18 US Code § 911, impersonating an American citizen is considered a serious offense. As if that were not enough, there is currently no immigration waiver for this crime.

Commiting Marriage Fraud

Sham marriages in the United States are considered a serious offense and may result in the denial of your immigration application. Additionally, if you commit it, you may be inadmissible to the United States.

These marriages occur when someone marries a U. S. citizen or lawful permanent resident for the sole purpose of obtaining a Green Card

Violating Current Law

This usually applies to a foreigner who has violated any type of U. S. law. It also applies when you have a valid visa but revoked by the government. 

With the guidance of our lawyers, they can help you avoid certain immigration repercussions. For example, the consequences of unlawful presence the United States.

Having A Criminal Record

A criminal record could prevent you from qualifying for any immigration waiver or other relief. 

how to clean a criminal record

Do you have a criminal history? You may be interested to know that it is possible to have a criminal record cleared in California.

Why Doesn’t Immigration Forgive Certain Crimes?

Immigration does not condone certain crimes because these may be considered grounds for inadmissibility under the Immigration and Nationality Act (INA). 

This means that committing serious crimes can lead to inadmissibility. Therefore, they cannot enter or remain in the United States. 

Likewise, minor crimes can have severe immigration consequences and lead to deportation. For example:

What Happens If I Don’t Qualify For Immigration Relief?

Failure to qualify for immigration relief can lead to inadmissibility into the United States. If you find yourself in this situation, we recommend that you consult with our immigration attorneys. 

What Are The Differences Between Deportable offenses (Crimes That Immigration Does Not Forgive) And Misdemeanors?

Criminal offenses are divided into serious crimes (felonies) and minor crimes (misdemeanors), their main differences being the following:

  • Felonies are criminal acts that can result in prison sentences of one year or more. However, to determine guilt, a judge presides over the case with the presence of a prosecutor representing the state as the prosecution. 
  • On the other hand, minor misdemeanors or crimes can be punished with less than 12 months in prison, fines, or both. Likewise, depending on the circumstances, the aggravating factors and if it falls under the California three strikes law, it could become a felony.

How Do I Know If I Am Accused By Immigration?

Knowing the status of your immigration case is key to your legal situation in the country. If you are uncertain about whether you are accused by immigration, there are several ways to find out:

Check Criminal Records With The FBI

You can request a criminal background check from the Federal Bureau of Investigation (FBI).

However, you must complete a fingerprint application and submit it along with the appropriate payment and any other required information. The FBI also offers the option to apply online through its website.

Request Immigration History From USCIS

Another way to know your immigration history is to request it from USCIS through the Freedom of Information Act (FOIA). 

After submitting the application with the corresponding payment, USCIS will process it and send you a copy of your immigration history.

Request A Court History Record

If you have been through Immigration Court, you can request a copy of your court records from the United States Department of Justice. 

If you are a latino, you can call the customer service number and select option 2 to receive instructions in Spanish. 

During the call, you must follow the steps indicated by the recording system and provide your foreign number or “A number”.

If I Am Convicted Of My Crimes, Can I Be Immediately Deported From The United States?

Generally, deportation from the United States does not happen immediately. This will depend on the circumstances and characteristics of your particular case. 

Therefore, the process that follows after detention or custody will depend on immigration status. For example, if you are a lawful permanent resident, a legal immigrant, or an undocumented one. 

crimes that can expel you from the usa

Additionally, there is a legal process that must be followed, which typically involves a hearing before an immigration judge. During the hearing, you have the opportunity to present your case and argue against deportation. 

The process begins with a deportation order issued by an immigration judge, which is sent to Immigration and Customs Enforcement (ICE). ICE is then responsible for carrying out the deportation, which can take several days or weeks.

Can I Be Deported From The U. S. Immediately If I Am A Lawful Permanent Resident?

Immediate deportation does not usually apply to lawful permanent residents. This is because the Immigration Court will analyze various factors, such as: 

  • Your criminal history, and 
  • The particular circumstances of your case.

You may also be allowed to remain in custody, granted an immigration bond, or granted parole. 

However, in some cases, a judge may order your immediate removal from the country due to the seriousness of the crime and the specific circumstances of the case. 

If I Don’t Have A Green Card, Can I Be Immediately Deported From The United States?

If you are not a lawful permanent resident or are in the country without documents, you may be able to be deported immediately. 

If that were not enough, there is a possibility that you will not even be able to present your case before an immigration judge. 

In any situation, it is of utmost importance that you seek the advice and help of an immigration attorney. For example, our experienced lawyers at Lluis Law.

Can I Re-Enter The United States If I Am Deported?

Certain deportable offenses not only result in deportation, but also inadmissibility. This means that if you have committed any of the crimes that immigration does not forgive, you may be prohibited from returning to the country. 

The duration depends on the reason for your deportation and any crimes you committed in the U. S. Additionally, if you are not yet a lawful permanent resident, you will also not be allowed to adjust your status or obtain U. S. citizenship.

The good news is that a conviction for an inadmissible crime does not always lead to deportation from the U. S. With the assistance of our deportation lawyers, it is possible to obtain an immigration waiver of inadmissibility or other type of relief.

Can I Request Cancellation Of Removal After A Conviction?

Immigrants convicted of a crime who are not eligible for other types of immigration relief could request cancellation of removal.

Of course, this process can be complicated and requires the assistance of an immigration attorney. That said, to be eligible for cancellation of removal, you must meet certain requirements:

  • Have resided in the United States continuously for at least 10 years.
  • Have been physically present in the United States for at least 10 years.
  • Not have been convicted of certain crimes, including felonies and misdemeanors involving drugs or violence.

How Can I Request Cancellation Of removal?

Generally, to request cancellation of removal proceedings, you must:

  1. Complete and file Form EOIR-42B with the Immigration Court that has jurisdiction over your case.
  2. Attach to the application any documentation that supports your eligibility for cancellation of removal. For example, evidence of your continued presence in the United States or your work history.
  3. Participate in a hearing in Immigration Court to present your arguments and evidence about why you should receive this immigration relief.

Regardless of the seriousness of the crime, any criminal conviction may have immigration consequences for you. 

In some cases, immigrants can avoid deportation, but will need to be eligible for some type of immigration relief, such as asylum , refuge , or withholding of removal.

What Is A Crime Of Moral Turpitude?

Crimes of moral turpitude are often ambiguous and therefore more complex. Courts consider moral turpitude to involve a corruption of the social contract by failing to fulfill the basic duties we all have toward others.

In California, the courts have determined that the following convictions fall into the category of crimes of moral turpitude:

Being convicted of a single crime of moral turpitude is not enough to be considered deportable. Instead, one must have been guilty:

  1. Of a crime of moral turpitude with a prison sentence of one year within 5 years after being admitted to the United States, or 
  2. Two or more crimes of moral turpitude.

Who Can Be Deported From The United States?

Any immigrant residing in the United States may face deportation if convicted of deportable offenses that carry this consequence. 

Even if you have lived in the country for most of your life, you are still susceptible to removal proceedings. Furthermore, even a lawful permanent resident is subject to this procedure. 

A felony conviction may also result in inadmissibility. Although this will not necessarily result in removal from the country, it could prevent your re-entry into the U. S. after leaving.

Are There Exceptions For Deportable Offenses?

Although some categories of deportable offenses do not allow exceptions, there are certain cases that do. 

For example, a conviction for simple possession of marijuana will not necessarily trigger deportation.

As for firearms-related crimes, deportation is more likely to occur in cases of federal crimes. 

Note: In the context of California gun laws, deportation is likely only if the crime involves an assault weapon or is used to commit another crime.

Frequently Asked Questions About Deportable offenses and Crimes That Immigration Does Not Forgive

deported for committing crimes in the united states

If I Was Convicted Of An Aggravated Crime, Can I Request Voluntary Departure?

No. No alien with legal status or unlawful presence in the United States convicted of an aggravated crime can obtain voluntary departure from the United States.

What Can I Do If I Receive An Accusation For A Deportable Crime?

Since this is a serious crime, it is best to contact a criminal lawyer. Both legal advice and defense are essential in these cases to try to:

  • The judge dismisses the charges;
  • Negotiate a reduction of the sentence with the prosecution; either
  • Change the classification of the crime to avoid deportation.

Can I Be Deported For Accumulating DUI Offenses?

Yes. In fact, DUI offenses that can lead to deportation of a noncitizen include:

  • Driving under the influence of drugs or being addicted to them.
  • DUI with a child in the car.
  • Multiple convictions for driving under the influence of alcohol or drugs.

However, this is subject to change, as legislation is occasionally proposed to make DUI a deportable offense.

Can I Be Deported For Being Addicted To Drugs?

Yes, INA also considers drug consumption as an aggravated crime. In fact, section 212(a)(2)(B) provides for the deportation of the alien if: 

  • Are a current addict or abuser of drugs; or
  • After being admitted to the U. S. you became addicted to or have abused drugs.

How Can The Immigration Attorneys At Lluis Law Help Me Avoid Deportation? 

Our immigration attorneys at Lluis Law can help you avoid removal proceedings in several ways. First, we will carefully evaluate your scenario to determine if you meet the requirements to request cancellation of the removal order.

Additionally, we will provide you with guidance and assistance in collecting the necessary documentation to support your application. 

We will also accompany you during the preparation of your testimony and represent you at hearings before the immigration courts. 

No matter what difficulties you face, we are here to help you. At Lluis Law, we have a team of highly trained lawyers with experience in immigration law. Contact us today to move towards a safer future.


Tell Us Your Case