If you are a visa or green card holder in California, you have the privilege to live in the United States. However, with that privilege comes some responsibilities. If you face criminal charges like theft, burglary, or assault, it can affect your immigration status and put you at risk of being deported. These offenses are treated seriously per immigration laws because they are considered 'Crimes of Moral Turpitude' or 'Aggravated Felonies.' In California, the crimes are both grounds for deportation.
One conviction could derail your path to citizenship, jeopardize your lawful status to remain in the U.S., or end your ability to work in this country. You want to learn the laws to which you may be subject, whether it is visa denial or deportation proceedings related to these charges. Find an immigration lawyer who has experience helping people and families navigate immigration law and criminal convictions. The earlier you act, the better your chance of preserving your immigration status and protecting your future.
Legal Framework for Deportation Based on Crimes
Several criminal offenses under U.S. immigration law can have serious consequences for visa or green card holders, including deportation. The legal grounds for deportability under Section 237 of the Immigration and Nationality Act (INA) apply to non-citizens, both lawful permanent residents and temporary visa holders. These provisions remind us of the ever-present narrow line between the privilege of living in the United States and the obligation to live by its laws.
Crimes that make individuals deportable often fall into one of three broad categories:
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Aggravated Felonies
Aggravated felonies include a broader range of offenses, many of which do not, at first glance, sound particularly 'aggravated.' Aggravated felonies are crimes such as theft or burglary, either with a sentence of one year or more or, even if suspended, for immigration purposes.
An aggravated felony conviction allows you to be deported and disqualifies you from most types of relief, including cancellation of removal. This category focuses on how immigration law tends to impose stiffer penalties for the same offense than for criminal law.
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Crimes of Moral Turpitude (CMTs)
Crimes of moral turpitude are acts like dishonesty, fraud, or a deed so vile the public would find it to be offensive. Common examples are theft and burglary involving deceit or violation of trust. You will be removed if, in the past five years, you have been convicted of one CMT or within 10 years if you have a green card.
You can also be deportable if you have two CMT convictions, no matter how long you have been in the U.S. The courts have applied a case-by-case analysis to determine whether a specific crime is of moral turpitude.
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Offenses Listed Under Deportability Statutes
In addition, the INA lists some offenses as grounds for “deportability.” That includes drug-related crimes, firearms offenses, and acts of terrorism. Thieves, burglars, and even assaulters are not explicitly listed, but at least in court, they frequently overlap with the criteria for deportation, including moral turpitude or aggravated felony designations.
Regional variations also interpret these legal standards as even more complicated. Other jurisdictions may interpret deportable offenses differently than federal circuits, such as the Ninth Circuit, which includes California.
These categories have specific legal definitions and implications, and with careful consideration, they are critical to understanding their effect on immigration status.
The stakes are high when you are being threatened with deportation because of a criminal conviction. How your case is handled will determine your immigration status outcome, whether you will be able to stay with your family, and what your future in the United States can be. Seeking help from a seasoned immigration attorney is recommended and required to protect your rights.
Analysis of Specific Crimes
The following crimes are analyzed based on their legal definitions, implications, and status under deportation criteria:
Theft, Penal Codes 484(a) and 487
While theft, on its face, seems like a lesser crime, it has severe implications when it comes to immigration law. Under California law, theft is the unlawful taking of another’s property with the intent to deprive the owner of it, whether the deprivation is temporary or permanent.
An act with the intent of permanent deprivation usually rises to the level of a crime of moral turpitude (CMT). Immigration law treats CMTs with grave seriousness and often results in removal proceedings for non-citizens.
The consequences of theft depend on several factors, including if you are convicted. If you were convicted of a single theft involving permanent deprivation within five years of your U.S. entry, it makes you deportable. Even if you committed the act after five years, a second theft conviction at any point could bring the same result.
The problem is further exacerbated by the fact that aggravated felony classification is added. An aggravated felony occurs if your theft charge leads to a sentence of at least one year, even if you do not spend that time in jail. Most often, this designation keeps you from getting relief or reentry into the United States.
While its implications are severe, theft is not explicitly listed within the Immigration and Nationality Act’s (INA) deportable crimes. Federal courts evaluate specific elements of the offense and California statutes. For this reason, if you are accused or convicted of theft, you need to retain experienced legal counsel to help protect your immigration status.
Burglary, Penal Code 459 PC
Per California PC 459, burglary is the unlawful entry of a building or dwelling to commit a crime within. Here, the main point is not just trespassing but also the criminal intent that accompanies it. Burglary is often a crime of moral turpitude under immigration law, mainly where the unlawful entry into the dwelling is to an occupied dwelling. The reason that courts categorize such offenses as deportable is that they view such offenses as a fundamental breach of societal norms.
If you are convicted of burglary, the consequences are the same as those of theft in many ways. If the burglary results in a sentence of one year or more, it qualifies for an aggravated felony designation. Burglary is not a deportable offense under the INA but is commonly classified as a CMT or aggravated felony if committed with second-degree burglary. The felony designation can lead to removal proceedings if you are an alien.
California courts examine every detail of the defendants’ cases to see what impact it has on your immigration status.
Assault, Penal Code 242 PC
Under California pc 242, assault is the act of causing or attempting to cause physical harm to another person. The seriousness of the charge—from simple assault to aggravated assault—plays a significant role in the effect the charge has on your immigration status. For example, if you are found guilty of aggravated assault with a deadly weapon, the crime is more likely to be a crime of moral turpitude.
Misdemeanor assault can be devastating if it is considered a crime of violence under immigration law. An assault resulting in a sentence of one year or more, even if the crime was of lesser severity under state law, is an aggravated felony subject to the aggravated felony designation.
However, assault is not an offense that is expressly deportable under the INA. Its deportation implications depend on whether it qualifies as the CMT or an aggravated felony.
Assault charges are, in many ways, subjective, and their definitions vary, so courts tend to take a case-by-case approach. As a non-citizen, you want to retain an immigration attorney if your assault case triggers removal proceedings.
Other Crimes Making Visa Or Green Card Holders Deportable
Apart from theft, burglary, and assault, here are crimes that can make a green card holder deportable.
Domestic Violence
Although domestic violence charges are often considered private matters, they have substantial immigration implications. Per California law, domestic violence is abuse or threats of harm to a current or former intimate partner, spouse, or cohabitant, according to California law. Such charges are categorized as crimes of violence or aggravated felonies, even for lawful permanent residents, and can trigger removal proceedings.
Drug-Related Offenses
Possession, trafficking, and distribution are all drug crimes, and they are all heavily scrutinized in immigration law. Minor possession is not grounds for deportability, nor is it explicitly listed in the INA as a basis for removal. The consequences of a guilty plea can still be immigration consequences, but they do so for a reason: because it is important to have a strategic legal defense.
Firearms Offenses
A violation of California Penal Code 29800 or similar statutes usually results in substantial immigration consequences, even if the person possesses or uses a firearm. Specifically, the INA makes these offenses (and particularly those involving felons or unauthorized individuals) deportable offenses. Federal courts generally have zero tolerance for firearms-related offenses, expediting removal proceedings.
Fraud and Forgery
Crimes of moral turpitude are often crimes of fraud and forgery, including identity theft or document falsification. Being intent on deceiving for personal or financial gain is often a crime under immigration law. When the loss to the victim is of the statutory threshold magnitude, it is an aggravated felony.
Crimes Against Children
Immigration law takes very seriously any criminal offense that involves harm, neglect, or endangerment of a child. In California, child abuse, child pornography, or endangerment are often deportable offenses due to their moral turpitude and societal condemnation, according to California Penal Codes.
Challenges in Legal Interpretation
It is challenging to navigate state convictions and federal deportation proceedings without legal counsel. Uniform federal standards are the basis of U.S. immigration law, mainly as defined by the Immigration and Nationality Act (INA). However, different California statutes often define things in various ways and impose different degrees of seriousness for crimes. The disconnect also results in legal ambiguity when deciding whether a state conviction qualifies as federal deportability.
As a non-citizen charged with a crime, a state conviction that seems minor can result in removal proceedings. However, not all state crimes fit neatly into federal deportation grounds. Federal immigration courts must always look at the specific elements of a state offense and determine whether the state offense would constitute a federal crime of moral turpitude or aggravated felony. Analysis often becomes highly technical and uses legal doctrines like the ‘categorical approach’ or 'modified categorical approach’ to match state crimes to federal standards.
Things become even more complicated when courts interpret statutes differently depending on the local legal precedents. For example, federal circuits like the Ninth and Second might have different interpretations of the same law. What that means is that an act that is considered a deportable offense in one jurisdiction will not necessarily be a deportable offense in another. If your case is decided in a jurisdiction where they interpret deportability criteria more broadly, you may find yourself in a precarious position.
It is a procedural necessity and the basis of a quality legal defense if you understand local statutes. The definitions of crimes are different, and a single phrase can make a world of difference in how crimes are defined under federal immigration law. For example, terms like "intent," "harm," or "violence" may have different meanings under state statutes, making the offense classifiable as deportable. Additionally, local case law can further complicate things, as past judicial interpretations can often help guide how cases are adjudicated.
When facing removal proceedings, you want an immigration lawyer who defends against the charges brought against you and the implications of these charges under immigration law. A reputable attorney will review the details of your state conviction, assess how it fits with federal deportation standards, and develop a strategy based on how it applies to you.
Steps to Mitigate Deportation Risks
Every step you take when fighting potential deportation can heavily impact the outcome of your case.
The recommended strategy to avoid removal is to act quickly and strategically and to start with a consultation with an experienced immigration attorney. The earlier, the better, and if you can, learn how criminal charges will impact your immigration status in full.
An attorney can help you avoid risks that might lead to your situation getting far worse, help you create a strong defense, and help you navigate the complexities of the legal system.
Plea negotiations can reduce deportation risks, particularly for those who are at the beginning of criminal proceedings. If you are offered a plea deal, it may seem like an easy way to have the charges quickly dismissed. However, you need to be careful.
Under California law, some convictions that don't seem so bad can have huge immigration consequences. An example of this is that a plea to theft or assault may be classified as a crime of moral turpitude or an aggravated felony under federal immigration law. These designations can lead to automatic deportation or block your ability to obtain relief, such as cancellation of removal.
Your attorney can help the criminal defense team structure plea agreements that minimize the immigration consequences of a conviction. It might include reducing the charges, convicting you under a different statute, or focusing on alternative sentencing that falls below the critical one-year threshold for aggravated felonies. Such agreements are not easy to craft, and that requires a deep understanding of both criminal and immigration law, a skill set only an experienced attorney can bring to the table.
Even if you have already been convicted, you still have options to defend your status. A post-conviction relief helps noncitizens seeking to avoid the immigration consequences of a previous criminal record. If your case is such that you may be able to vacate your conviction, modify your sentence, or withdraw a plea that you entered without understanding its immigration consequences. For example, if you were not adequately advised of the immigration consequences of that plea deal, you may be able to challenge the validity of a plea deal.
Post-conviction relief is a challenging pursuit. These petitions are scrutinized by courts carefully, and you often bear the burden of proof. However, you can overturn a conviction or get a reduced sentence that removes the grounds of deportability with a persuasive legal argument and a well-documented case. The effort to remain in the United States can be long and complicated, but it is worth it.
In all of these efforts, however, it is essential to keep in touch with your attorney and to stay on top of your case. Legal challenges are not only deportation risks but deeply personal trials that touch every aspect of your life. You can regain control of your future and protect your ability to stay in the country you call home if you take deliberate and informed steps.
Find a California Immigration Attorney Near Me
Visa or green card holders who commit crimes like theft, burglary, or assault can find themselves deported or face other severe immigration consequences. To protect your future in the United States, seek legal counsel on how immigration law provides for these offenses.
If you or someone you love is being faced with legal challenges that could jeopardize your immigration status, you need an immigration lawyer’s help. At California Immigration Attorney, we are here to give you personalized, expert legal guidance to help you through your legal proceedings. If you would like to learn more about how we can help you safeguard your immigration status, please call us at 424-789-8809 for a confidential consultation.