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Written By: Matthew W. Peterson
Published: 03/24/2018
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An aggravated felony conviction poses significant challenges for non-citizens, severely impacting their immigration status and eligibility for U.S. citizenship. Such a conviction can lead to deportation and permanently bar individuals from naturalization, regardless of the severity of the crime.
Interestingly, the term “aggravated felony” encompasses a range of offenses that may not appear severe at first glance. While serious crimes like murder and drug trafficking are classified as aggravated felonies, many lesser offenses can also fall under this category. According to U.S. immigration law, crimes involving theft, violence, forgery, or receiving stolen property can qualify if they result in a sentence of one year or more—meaning even a misdemeanor could be classified as an aggravated felony if it meets this criterion.
The sentence according to immigration law includes suspended sentences. So even if you were sentenced to probation, this may qualify as an aggravated felony.
For example, I had a client who pled guilty to a misdemeanor theft offense and was sentenced to probation. She was sentenced to a year suspended for probation. Even more than a decade later, this still meant she couldn’t become a US citizen and could even be deported or removed.
If you are a non-citizen facing criminal charges, it is crucial to seek legal counsel experienced in immigration law. The complexities surrounding aggravated felonies can jeopardize your future in the United States, making it essential to navigate these challenges with the guidance of a knowledgeable attorney.
At the Law Office of Matthew Peterson, we specialize in assisting non-citizens with criminal charges. Our team understands the intricacies of immigration law and is dedicated to helping you protect your rights and secure your ability to remain in the U.S. If you are facing charges that could affect your immigration status, contact us today for a consultation. Your future depends on informed legal representation.
An aggravated felony includes a wide range of offenses, not limited to serious crimes like murder or drug trafficking. It can also encompass crimes involving theft, violence, forgery, or receiving stolen property if the sentence is one year or more. Even a misdemeanor can qualify if it results in a sentence of a year or longer.
Yes, it is possible to face deportation for a misdemeanor conviction if it qualifies as an aggravated felony due to the length of the sentence. Immigration law considers any crime with a sentence of one year or more as potentially subject to deportation.
Yes, according to immigration law, suspended sentences are treated as if they were served. This means that even if you were sentenced to probation with a suspended jail term of one year, it could still be classified as an aggravated felony.
A conviction for an aggravated felony prevents you from demonstrating good moral character, which is a requirement for naturalization. This can permanently bar you from becoming a U.S. citizen and may lead to removal proceedings.
If you are a non-citizen charged with a crime, it is crucial to consult with a Boston Immigration Attorney who specializes in immigration law as soon as possible. They can help you understand your rights and navigate the complexities of your case to minimize the risk of deportation and protect your immigration status.
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