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Serious Charges That Can Lead to Deportation
Being a legal immigrant in the U.S. comes with both rights and responsibilities. But a criminal conviction—even if you're a permanent resident—can put your status at risk. Some charges are especially serious and can trigger removal proceedings that may separate you from your job, home, and family. Let’s look at which types of charges can carry those kinds of consequences.
Aggravated Felonies
In immigration law, "aggravated felony" doesn’t always match what you might consider a felony in criminal court. It’s a label the law uses for a specific list of offenses that carry the most severe immigration penalties. These include crimes like murder, rape, and sexual abuse of a minor, as well as serious drug trafficking charges. A conviction for one of these usually leads to mandatory detention and fast-tracked deportation—often without the chance to ask for relief.
Once a person is convicted of an aggravated felony, the government doesn't waste time. Detention is common, and opportunities to fight removal are extremely limited. This is where having a strong defense ahead of time matters most.
Crimes of Moral Turpitude (CMT)
Another broad category is crimes of moral turpitude, or CMTs. These offenses are considered to reflect badly on someone's character—things like fraud, theft, or violent crimes with intent to harm. One conviction might affect your chances of getting a green card or becoming a citizen. Multiple CMTs can make you deportable.
Because the definition of a CMT isn't always clear-cut, it's easy to get caught off guard. If you’ve been charged with a crime and aren’t sure how it might affect your immigration status, getting legal guidance early on is critical.
Drug Offenses
Controlled substance violations are taken very seriously in immigration cases. Even something that seems minor—like possession of a small amount of drugs—can have big consequences. That includes issues related to medical marijuana, even when it’s legal under state law.
The law doesn’t always require a conviction either. If immigration officials believe there’s "reason to think" you were involved in drug trafficking, that alone can trigger removal proceedings. Fighting back means being proactive and having someone in your corner who understands the overlap between state, federal, and immigration laws.
What Happens If You're Charged
Facing Immigration Court
When removal proceedings begin, you'll be asked to appear in immigration court. This isn’t the same as criminal court—and you won’t be given a government attorney. You have the right to hire a lawyer, present evidence, and challenge the charges. But the system is complex, and the outcome often hinges on how well your case is prepared.
If you meet certain criteria, you may be eligible to apply for relief, like cancellation of removal. These options are limited, and having someone help you identify and apply for them can make all the difference.
Detention and Bond Hearings
Depending on the charge, you may be detained while your case plays out. That means being taken into custody by immigration authorities and held in a facility. But you may qualify for a bond hearing, where you can ask a judge to release you while your case is pending.
A successful bond request depends on a number of factors, like your community ties and criminal history. It's one of the first opportunities to push back against the government’s case—and you want to be ready.
Possible Exceptions to Deportation
Criminal Waivers
There are some legal waivers that allow immigrants with certain criminal convictions to remain in the U.S. The most common is the 212(h) waiver, which might apply if deportation would cause extreme hardship to a close family member who is a citizen or green card holder. You’ll need to show positive factors—like steady employment, good moral character, and strong family ties—outweigh any past mistakes.
Getting a waiver isn’t easy, but for some, it’s the last and best chance to stay with their family in the U.S.
The Petty Offense Exception
Not every crime leads to removal. If your only conviction is for a single low-level offense—one punishable by less than a year and not involving more than six months in jail—you may qualify under the petty offense exception. This is especially important for those charged with nonviolent misdemeanors, like shoplifting or simple possession.
If you think you might qualify for an exception, it’s important to act quickly before immigration proceedings begin.
Steps You Can Take to Protect Yourself
Stay Informed and Proactive
One of the best things you can do is learn how criminal charges may affect your immigration status before anything happens. Talk to a qualified immigration defense attorney if you’re worried about how a past or current case might impact you.
Don’t assume a minor charge is no big deal. Even small offenses can lead to big consequences in immigration.
Work With the Right Attorney
Not all criminal defense attorneys are familiar with how criminal cases affect immigration. You want someone who understands both areas and can structure a defense that protects your future in the U.S. Don’t wait until it’s too late to get help.
Call for Legal Support Now
If you're a legal immigrant facing criminal charges in Florida, the consequences could reach far beyond jail time. Your right to remain in the U.S. could be at risk. At Williams Legal, P.A., we handle both immigration and criminal defense cases, so you don’t have to choose between protecting your record and safeguarding your status.
Call us at (386) 277-1166 to get the legal representation you need from someone who understands what’s at stake. We’re here to fight for your future.