Both permanent legal residents and illegal immigrants can be deported for committing two main types of crimes: an aggravated felony or a crime of “moral turpitude” (CMT).
Aggravated felonies are the most severe criminal offenses in immigration law. However, some of these offenses may not be serious in criminal law in Texas or other states.
Common types of aggravated felonies include:
- Child sex crimes
- Child pornography
- Drug trafficking
- Firearm or explosive trafficking
- Money laundering involving more than $10,000
- Human or sex trafficking
- Pandering or pimping
- Obstruction of justice
- Failure to appear in court for a felony offense
Crimes of Moral Turpitude
Although U.S. immigration law does not specifically define Crimes of Moral Turpitude, state and federal courts have in the past and present. According to the Department of State, common factors of such crimes include fraud (dishonesty), theft, and violence of some form.
Common types of crimes of moral turpitude include:
- Grand theft
- Assault with a deadly weapon
- Domestic violence
- Child abuse
- Voluntary and involuntary manslaughter
Deportation can occur if you commit a CMT during his/her first five (5) years after entering the United States or two CMTs that were not from a single incident after entering the country. If more than five years have passed since the date you were admitted before you were accused of the crime, then you will not be deported.
Other Types of Crimes
There are many more crimes that can lead to deportation from the United States. Besides drug trafficking, you could also be deported for possession with intent to sell/distribute and even simple possession.
Any type of firearm conviction can lead to deportation. Common examples include unlawful possession of a firearm or carrying a gun in an unlawful location.
Any type of crime related to national security and terrorism is deportable. Common examples include treason, sabotage, or espionage.
Can I Still Be Deported If I’m Not Convicted?
Yes. There are many other grounds for deportation in U.S. immigration law. Common examples include overstaying your visa, committing marriage fraud, receiving deferred adjudication, or unlawfully voting in an election.
What Happens If I’m Convicted and My Case Head to Appellate Court?
If your case moves to a direct appeal, you cannot be deported. On the other hand, the government can still deport you if you filed a motion to vacate your criminal conviction or a habeas corpus petition.
What If My Conviction Was Later Expunged, Sealed, or Vacated After Getting Deported?
Unfortunately, this type of outcome will not affect your immigration status. Last year, Attorney General Barr upheld a state-court order that altering, modifying, or clarifying an immigrant’s sentence with a conviction will not reverse deportation.
Whether you have been accused of an immigration crime in Fort Worth or a serious offense that can result in deportation, our legal team at Goza & Carreras, Attorneys at Law can provide effective legal representation and emotional guidance to help you navigate the complexities of the criminal justice system. We have more than 40 years of collective legal experience on both sides of the state and federal courtrooms to protect your rights, freedom, and future.
If you are charged with a federal immigration crime in Fort Worth, contact us today at (817) 402-2188 today to learn about your available legal options. Hablamos español.