Crimes and Deportability under the Immigration and Nationality Act

There are certain crimes that can make a person deportable under the Immigration and Nationality Act. In general, if a person is convicted of a crime of moral turpitude within the first five years after the date that they were admitted to the U.S., they can be deportable. It is critical that someone who has committed a crime and could be deported attains legal representation.  A knowledgeable deportation attorney has the resources to fully understand crimes and deportability under The Immigration and Nationality Act. It is essential that they understand these policies if they are representing an individual who has committed a crime and could potentially be deported if they are convicted.

Crimes under the Immigration and Nationality Act

There’s a long list of crimes that can make you deportable under INA Section 237. In general, if an individual is convicted of a crime of moral turpitude within the first five years after the date that they were admitted to the U.S., they can be deportable under Section 237. It also applies to people who have been convicted of two or more crimes involving moral turpitude at any time after they have been admitted to the U.S.

There is an exception for this one in situations where people have committed two crimes, but both convictions arose out of the same scheme of misconduct. So, for example, if you stole two things from the same store at the same time and were charged with a separate count of theft for each item, it might not count as two convictions for purposes of INA Section 237, because both convictions will have arisen out of the same scheme of misconduct.

INA section 237 also applies to anyone who has been convicted of an aggravated felony any time after they have been admitted to the US. It also applies to people who failed to register as sex offenders and people who have been convicted of a drug crime at any time after their admission. There is an exception for this drug related ground as well, but only for convictions involving a single offense for possession of 30 grams or less of marijuana.

Also, an individual who has been convicted of buying/selling or possessing firearms, and people that have committed espionage or who have conspired to commit espionage would be deportable under Section 237. It also applies to most domestic violence, child abuse, or child neglect offenses, as well as to human traffickers or people who have engaged or are likely to be engaged in terrorist activity, among other things.

Deportability Offenses

Drug offenses that are covered by this provision are outlined under 8 USC section 1101 section (a)(43)(b), which defines controlled substances under federal law.

Almost all firearm offenses will make you deportable and will fall under the aggravated felony ground. You need to be very careful with firearm offenses because you can even be charged under Section 237 based on a firearm offense when possessing a firearm is only an element of the crime that you were convicted of.

Well, you can actually be deportable for the espionage ground of INA Section 237 for just being suspected of being involved in espionage. You don’t actually have to be convicted. Generally, though, these are federal offenses that involve crimes against the government.