In U.S. immigration law, few terms carry as much weight and consequence as an aggravated felony. Understanding this classification could mean the difference between maintaining immigrant status and facing immediate removal.
Visit Immigration Question to connect with our network of experienced attorneys to avoid being on the wrong side of the law. The stakes are too high to guess your way through. Here is what you need to know.
What Is an Aggravated Felony?
An aggravated felony does not necessarily mean the crime is violent or even considered a felony under state law. In U.S. immigration law, this term is used to categorize certain offenses that come with the harshest immigration consequences.
According to the Immigrant Legal Resource Center (ILRC), aggravated felonies include a wide range of crimes, including:
- Violent crimes like murder or rape
- Nonviolent acts such as tax fraud or theft
- Drug offenses, especially if a sentence of one year or more is imposed
- Failing to appear in court or simple battery
Some misdemeanors can be treated as aggravated felonies under federal immigration law.
The Gravity of an Aggravated Felony Conviction
Aggravated felonies are not always what they sound like, but their consequences are life-changing. Deportation, permanent bans, and loss of legal protections are some of its consequences.
Being convicted of an aggravated felony strips away nearly all immigration protections. Even as a green card holder, this category of offenses can make you immediately deportable and permanently inadmissible.
If you have an immigration question related to this issue, contact an Immigration Question lawyer who understands the law and can advocate for your best outcome.
What Determines Whether a Crime Is an “Aggravated Felony”?
The U.S. Congress reserves the authority to label any offense as an “aggravated felony” for immigration purposes. Over time, the list has grown to include more than 30 types of offenses, many of them not “aggravated” or “felonies” in the conventional sense.
Immigrants must note that additions to the list apply retroactively. If a crime you committed years ago becomes categorized as an aggravated felony today, you could still face deportation, even if you have been law-abiding ever since.
Consequences of an Aggravated Felony Conviction
1. Deportation Without a Removal Hearing
People with non-immigrant status, convicted of an aggravated felony, can be administratively deported. No court hearing, no appeal, no second chances.
2. Mandatory and Unreviewable Detention
After serving time for your crime, you can be detained by immigration authorities without the opportunity for bond unless you prove the conviction is not an aggravated felony.
3. Ineligibility for Asylum
A conviction for an aggravated felony disqualifies you from asylum and withholding of removal. You are unable to seek protection from persecution in your home country regardless of the danger you face if deported.
4. No Cancellation of Removal
Usually, immigration judges can cancel deportation in cases of extreme hardship to U.S. citizen family members. But aggravated felons are barred from this relief, no matter the circumstances.
5. No Waivers for Inadmissibility
Even if you are eligible for a waiver of inadmissibility, a conviction for an aggravated felony could disqualify you from this relief.
6. No Voluntary Departure
An immigrant with an aggravated felony conviction will not be allowed to leave the U.S. voluntarily to avoid a removal order.
7. Permanent Inadmissibility
Once deported after an aggravated felony conviction, you are permanently banned from returning to the U.S. legally. The only option to do so is a hard-to-get waiver from the Department of Homeland Security.
8. Harsher Penalties for Illegal Reentry
If you reenter the U.S. illegally after an aggravated felony conviction, you could face up to 20 years in prison. This penalty is harsher compared to the usual two-year sentence.
Why You Need an Immigration Question Attorney?
Criminal and immigration law requires deep knowledge and experience. If you are facing charges or worried about a past conviction, consult an Immigration Question attorney.
An attorney from the Immigration Question network can review your situation and help you avoid irreversible mistakes. Visit Immigration Question today to get started.
Frequently Asked Questions About Aggravated Felony in U.S. Immigration
1. What is the difference between an aggravated felony and a regular felony?
In immigration law, an aggravated felony is not the same as a standard felony under state or criminal law. A regular felony may or may not affect your immigration status. However, an aggravated felony carries automatic and severe immigration penalties, including mandatory deportation, ineligibility for relief, and permanent inadmissibility. Some aggravated felonies are misdemeanors under criminal law.
2. What are examples of aggravated felonies?
Aggravated felonies include a broad range of offenses, including:
- Drug trafficking or possession with intent to distribute
- Theft or burglary with a sentence of one year or more
- Tax fraud or filing a false tax return
- Domestic violence or child abuse
- Illegal reentry after deportation
- Sexual abuse of a minor
- Failing to appear in court for a felony charge
- Money laundering over $10,000
3. Can I return to the U.S. after being deported for an aggravated felony?
Someone deported due to an aggravated felony conviction becomes permanently inadmissible to the United States. Returning legally would require a waiver from the Department of Homeland Security and compliance with all other immigration eligibility requirements. The approval rate for such waivers is extremely low.
