Will My Criminal Case Get Me Deported?

Written By: Matthew W. Peterson

Published: 05/10/2016

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Navigating criminal cases can pose significant risks for noncitizens. Regardless of your legal status, being charged with a crime—no matter how minor—can lead to deportation. Therefore, it is crucial to engage an attorney well-versed in immigration law if you find yourself facing criminal charges.

Understanding Convictions in Immigration Law

The term “conviction” is more complex than it appears, particularly in the context of immigration. According to U.S. law, a conviction must meet one of the following criteria:

A formal judgment of guilt issued by a court. OR
Either:
- A judge or jury has found you guilty, you have pled guilty, you have entered a plea of nolo contendere, or you have admitted sufficient facts for a finding of guilt.
- The judge has imposed some form of punishment, penalty, or restriction on your liberty.

This definition indicates that any plea resulting in a penalty—ranging from probation and fines to incarceration—qualifies as a conviction for immigration purposes, even if it may not be classified as such under Alabama law. This includes situations where charges might be dismissed upon completion of probation or payment of fines.

Notable exceptions to what constitutes a conviction include juvenile delinquency proceedings, certain youthful offender adjudications, and diversion programs that do not require a guilty plea.

Criminal Case and Charges That Can Lead to Deportation

Almost any crime can result in deportation for noncitizens; however, specific categories carry heightened risks:

Crimes of Moral Turpitude: Offenses that involve moral turpitude and carry a potential sentence of one year or more can lead to deportation. This category includes serious crimes such as murder, rape, robbery, kidnapping, and various fraud-related offenses.
Aggravated Felonies: A conviction for an aggravated felony after entering the U.S. can result in deportation. Notably, aggravated felonies do not need to be serious crimes; they encompass a wide range of offenses from forgery to murder.
Drug Offenses: Drug-related convictions can incur severe penalties for noncitizens. All drug offenses—except for possession of less than 30 grams of marijuana—can lead to deportation and may disqualify individuals from seeking discretionary relief.
Gun Crimes: Many firearm-related offenses can also trigger deportation proceedings.
Domestic Violence: Convictions for domestic violence or violations of restraining orders can result in deportation.

If you are a non-citizen facing criminal charges, it is imperative to consult with an immigration attorney who can guide you through the complexities of your situation.

Long-Term Consequences of Deportation for Noncitizens

In addition to the immediate impacts of deportation, individuals may face long-term consequences that hinder their ability to return to the U.S. or gain legal status in the future. For example, those deported due to aggravated felonies may be permanently barred from re-entry into the United States. Furthermore, even if a noncitizen manages to return after deportation, they might encounter significant challenges in securing employment, housing, and social services due to their immigration status.

The stigma associated with deportation can also affect their reintegration into society, making it difficult to rebuild their lives after returning to their home country.

Overall, the repercussions of deportation extend beyond legal ramifications, deeply impacting personal lives and community dynamics.

Law Office of Matthew W. Peterson

For expert legal representation, consider the Law Office of Matthew W. Peterson, located in Boston, Massachusetts. Matthew Peterson specializes in criminal defense, immigration law, and family law, providing personalized attention to each case. Recognized as a Super Lawyers Rising Star, he has successfully represented clients across various Massachusetts courts.

The Law Office of Matthew W. Peterson offers flexible payment options ensuring that financial concerns do not hinder your access to quality legal representation. Whether you’re dealing with domestic violence charges or navigating immigration issues, Matthew Peterson’s firm is dedicated to fighting for your rights every step of the way.

If you’re facing accusations that could impact your immigration status or lead to deportation, reach out to the Law Office of Matthew W. Peterson today for a consultation and take the first step towards securing your future.

Will My Criminal Case Get Me Deported?

Understanding Convictions in Immigration Law

Criminal Case and Charges That Can Lead to Deportation

Long-Term Consequences of Deportation for Noncitizens

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