Deportable Crimes

Some deportable crimes are pretty serious, and some much less so. For example, writing a bad check could be deportable because it is considered a crime of “moral turpitude”, or going against good values. Many terms used to define these crimes are confusing. This is why it is important for you to have a good criminal lawyer who is willing to work with an experienced immigration attorney.

This is not a complete list of crimes that can lead to the deportation of a lawful permanent resident, but they are the most common:

1. Violating a restraining order
   Courts can give you a restraining order, which forbids you to have contact with someone. This includes asking someone else to contact the person who filed the order against you. The United States takes restraining orders very seriously. If you violate a restraining order you can be deported, even if you have been a lawful permanent resident for decades.
2. Domestic violence
   Although many countries do not prosecute domestic violence crimes, the United States does. If you are convicted of a domestic violence crime, you may be deported. A prosecutor or judge will not treat you less harshly simply because a conviction could lead to your deportation.
3. Child abuse, neglect, or abandonment
   What might be appropriate child discipline in your home country might be considered domestic violence in the United States. You can be criminally charged for hitting your children, or using a belt or a stick to discipline them. If convicted for child abuse, you could be put into deportation. This does not mean you cannot discipline your children, but hitting them is not legally acceptable in the United States.
4. Stalking
5. Falsely claiming United States citizenship
   Many applications may ask if you are a United States citizen, including job, housing, and immigration forms. NEVER say that you are a United States citizen unless you are actually a United States citizen. Even if you have passed the citizenship test, you are not a United States citizen until your swearing in ceremony. Never lie about being a United States citizen.
6. Voting before you are a United States citizen
   Do not vote or register to vote unless you are a United States citizen. Sometimes before elections, people will try to help others register to vote in their district. However, unless you are a citizen, if you vote or register to vote, you can become deportable.
7. Conviction for a controlled substance
   If you have more than one offense for possession of 30 grams or less of marijuana, you are deportable. 
   If you have one offense for possession of 30 grams or more of marijuana you are deportable. 
   Even though a number of states have legalized marijuana use, it is still considered illegal by Immigration and the U.S. federal government.
8. Drug abuse or Addiction
9. Failure to tell Immigration that you have moved, and have a new address
   If you change addresses, Immigration requires that you inform them within ten days of moving, or you are deportable. This rule applies to anyone who is not a United States citizen. You can update your address with USCIS on their website.
10. Failure to register as a sex offender
    Certain convictions require you to register as a sex offender and keep your registry current. If you have been convicted of a crime that requires you to register as a sex offender and you do not, you can be deported.
11. Conviction of a crime involving moral turpitude
    Moral turpitude means that someone has done something so bad that their community would consider it shocking, or evil. The term confuses most people, but examples of crimes of moral turpitude include: murder, kidnapping, robbery, and aggravated assault (threatening someone’s safety).
12. Aggravated felony
    A lawful permanent resident can be deported if they are convicted of an aggravated felony at any time after receiving their green card. However, the State of Wisconsin often defines aggravated felony very differently than Immigration. In other words, just because the state did not charge you with aggravated felony, it does not automatically mean that Immigration will not.
    For Immigration, a deportable, aggravated felony can include any of the following convictions:
    1. Theft
       1. burglary or theft offenses, including receipt of stolen property, for which the term of imprisonment could be at least one year;
       2. racketeering (taking money or property through intimidation or force);
       3. commercial bribery, counterfeiting, forgery, or trafficking of vehicles, or altering vehicle identification numbers, for which the term of imprisonment is at least one year;
       4. an offense relating to laundering of money if the amount of the funds exceeds $10,000;
       5. fraud or deceit in which the loss to the victim(s) exceeds $10,000;
       6. tax evasion in which the revenue loss to the Government exceeds $10,000.
    2. Weapons and Drugs
       1. any offense relating to explosive materials;
       2. trafficking in firearms or destructive devices, or selling guns or destructive devices such as bombs;
       3. certain firearm crimes of violence for which the term of imprisonment could be at least one year;
       4. trafficking in a controlled substance, or making or possessing a large amount of drugs
    3. Sex and Violence
       1. peonage, slavery, involuntary servitude, and trafficking persons;
       2. murder, rape, or sexual abuse of a minor, (having a sexual relationship with a child is not allowed in the United States, even if both parties are children);
       3. child pornography;
       4. owning, controlling, managing, or supervising a prostitution business;
       5. transporting someone for the purpose of prostitution, if committed for commercial advantage
    4. Other
       1. gambling offenses for which a sentence of one year imprisonment or more could be imposed;
       2. demanding or accepting ransom;
       3. failure to appear in court for sentencing if the associated crime could be punishable by imprisonment for a term of five years or more;
       4. obstruction of justice, perjury or subornation of perjury (telling lies under oath), or bribing a witness, for which the term of imprisonment is at least one year;
       5. an offense relating to a failure to appear before a court pursuant (order) to answer or dispose of a felony charge for which a sentence of 2 years’ imprisonment or more could be imposed.