No matter what basis you are in the United States on, legally or not, if you are one of the millions of foreign nationals living within the United States at any given time, committing any sort of crime can result in your deportation or removal from the United States. In other words, the federal government can send you back to your native country and then bar you from reentering for a number of years.
This is even true if you are a permanent resident (have a "green card"), which otherwise lets you live and work in the United States indefinitely and enjoy most of the rights and privileges that U.S. citizens have. It is also true if you are here on some sort of visa, which lets you stay in the country temporarily while you travel, work, or go to school.
And if you are in the United States unlawfully, having either entered the country along the border without formal admission, or remained in the United States after your permitted stay under a visa or lawful form of entry has expired (as shown on your Form I-94), a criminal conviction simply adds one more reason you could be deported.
Crimes and Convictions That Can Get a Foreign National Removed From the U.S.
Under U.S. immigration law, a non-U.S. citizen may be deported or removed from the country for committing any of the following:
- Crime of moral turpitude (CIMT). A person may be deported if convicted within of a CIMT within five years after admission to the U.S. or of two or more CIMTs that did not arise out of a single scheme of criminal misconduct at any time after admission to the United States. What is a CIMT? It likely won't be mentioned in the statute under which the person was convicted. Rather, under federal immigration law's definition, it involves some act that is base, depraved, dishonest, or vile. Examples include murder, rape, DUI, fraud, assault with the intent to rob or kill, and arson. There is a "petty offense exception," which applies if the penalty for the crime could not possibly exceed one year of imprisonment and the person actually served less than six months in prison.
- Aggravated felony. If you commit an aggravated felony at any time after being admitted to the United States, you could be placed into deportation proceedings. Dozens of crimes qualify as aggravated felonies, such as murder, rape, other crimes of violence, theft with a sentence of at least one year in prison, drug or firearms trafficking, sexual abuse of a minor, child pornography, money laundering, spying, treason, or sabotage, and so on. It doesn't matter how long the person has been in the United States, either.
- Failure to register as a sex offender. If you have been convicted of a sex-related crime and are required to register as a sex offender under the Sex Offender Registration and Notification Act, and you fail to register, you may be deported from the United States.
- Drug-related crimes. You can be deported if you have been convicted of selling, distributing, or possessing illegal drugs or so-called "controlled substances." The exception is if the conviction is your first one and was for possessing 30 grams or less of marijuana for your own, personal use. Also, there is a separate drug-related ground of deportation that doesn't require a conviction: It applies to anyone who, at any time after U.S. admission, has been a drug abuser or addict. How would the immigration authorities find out? The person’s own confession to drug use, or evidence on a medical report, could tip them off to the truth.
- Gun-related crimes. A conviction for buying, selling, owning, or carrying a firearm, weapon, or other destructive devices, at any time after having been admitted to the United States is a deportable offense.
- Crimes of domestic violence. This means any crime of violence committed against a current or former spouse, the other parent of a child, or any person you are living with or used to live with.
- Crimes against the United States or other citizens. You can be deported if you commit an act of treason or espionage for which the possible sentence is at least five years, or an act of terrorism.
These are just a few examples; many other criminal convictions may lead to deportation from the United States. In some cases, merely being arrested or receiving a traffic ticket, without this resulting in a guilty conviction, can lead to visa revocation and deportation.
You absolutely need to have an experienced attorney check the federal immigration laws, as well as the criminal laws in the state where the crime was committed, to see if you are subject to deportation.
Can You Return to the U.S. After Being Deported for a Crime?
Maybe. Whether you can return to the United States after deportation depends on the crime for which you were deported. If you were convicted of an aggravated felony, you can't return to the United States ever. If your conviction was for any other crime, you might be allowed to re-enter the United States, but not immediately. You could have to wait up to ten years before you can file an application on Form I-212 to be allowed to apply for reentry.
Consult an Immigration Attorney
If you are a foreign national and find yourself in trouble with the police or federal agents, contact a team of experienced attorneys immediately. By contacting a criminal law attorney as soon as you've been charged with a crime, you might be able to avoid a criminal conviction and deportation altogether; but you will ideally want your immigration attorney consult with your criminal law attorney, who might not be familiar with the overlap between the two sets of laws.
If a conviction can't be avoided, an immigration law attorney might be able to help you stay in the United States regardless. The immigration laws and processes are complicated, and it's best not to go it alone.