The US immigration policy on convictions and deportations is highly structured, even for petty offenses. The term “aggravated felony” can easily mislead the average person, as it sounds less serious than it is. However, the penalty for a non-citizen convicted of an aggravated felony is extremely severe, potentially leading to denial of eligibility for a nonimmigrant visa or a green card.
Nonetheless, a brief examination of the subject reveals that the notion of the “aggravated felony” lies in the realm of the ‘come, hear, and be abstinent/ breakpoint’ law. It should be noted that the underlying crime does not need to be an ‘aggravated’ one or even what might be termed a ‘felony’. ” In this learning, we discuss the aggravated felonies in the context of Immigration Law of the United States of America understanding its definitions and understanding the hardship on conviction.
The Definition of an Aggravated Felony
At first glance, one might think the definition of “aggravated felony” is straightforward, but in immigration law, it’s more complicated. As discussed on several occasions, the penalties associated with an aggravated felony charge are severe and significantly impact a non-citizen’s immigration process.
Here, we will explore the meaning of the term ‘aggravated felony’ as well as the severe consequences stemming from the conviction.
Major Consequences of an Aggravated Felony Conviction for Non-Citizens
Being convicted of an aggravated felony carries significant consequences that extend to various facets of an individual’s immigration status:
Ineligibility for Asylum:
Termination of DACA has severe consequences beyond just deportation; one major consequence is losing eligibility for asylum. Imagine the government prohibiting non-citizens convicted of aggravated felonies from seeking asylum, a basic human right for those facing persecution in their home countries.
Visa and Green Card Ineligibility:
Arbitrary convictions of aggravated felonies imply the potential for exclusion from immigration to the United States and obtaining green cards. This limits the possibility of legal immigration to a great extent, thereby reducing the number of ways through which one can easily gain entry into another country legally.
Placement in Removal Proceedings:
Immigrants who are living within the U. S. legally with a visa or green card may also discover that they are in removal procedures and could face deportation.
Limited Relief Options:
Travelers on the removal proceedings list have few chances for reprieve. An aggravated felony conviction, which is more severe than a minor crime, eliminates options like cancellation of removal, voluntary departure, or waivers of inadmissibility.
Permanent Inadmissibility:
Deportation has some additional long-term effects when compared to imprisonment. Anyone deported for an aggravated felony becomes permanently inadmissible to the United States. Attempting to reenter can lead to a federal prison sentence of up to 20 years.
The barrier to U. S. Citizenship:
Fortunately, not everyone’s case has been dealt with deportation, those who fly the green mile and opt for U. S. citizenship, are potentially severely hampered by a conviction for an aggravated felony. Therefore it results in the abolishment of citizenship, a lifetime ban on applying for citizenship in the future, and commencement of removal processes.
The Complexity of Matching Crimes to the Aggravated Felony Definition
There is significant variability in the definition of aggravated felonies, which form the basis for removal under federal law.
Federal law defines the term, but state and foreign laws, which prosecute most crimes, define it differently. This discrepancy arises because federal immigration regulations classify non-federal offenses as aggravated felonies, even if they do not seem severe enough to be considered felonies. For instance, U.S. immigration laws may consider someone with a misdemeanor on their record an aggravated felon, even if they do not realize it.
Specific Crimes Designated as Aggravated Felonies
To know more about how U. S. immigration law defines aggravated felonies one should turn to the Immigration and Nationality Act (Specifically, it emerged from the Illegal Narcotics Anonymous Act ). The following section aims to outline various offenses that can be categorized as aggravated felonies. Here is a summarized list:
Murder
Rape
Extortion; aggravated assault; kidnapping; criminal sexual conduct (a second-degree that involves sexual abuse of a minor and a fourth-degree that can involve statutory rape) Among the most common and vicious types of sex crimes is statutory rape.
Simple battery
Drug trafficking
Posing in a manner that bears or occupies with an intent to traffic in firearms or destructive devices
Other related violations of the law with relation to the use of firearms or explosive materials
Racketeering
- Any business that uses more than $10,000 to hide the source, ownership, or intended use of funds is involved in money laundering.
- Tax fraud or any other kind of fraud; where the amount involved exceeds $ 10,000.
- Theft with a prison sentence of at least one year
- Also, the case of perjury provided that it has been committed with at least one year of imprisonment.
Kidnapping
Child pornography
- Engaging in the procuring of persons for prostitution or operating a house of ill repute
- Spying, treason, or sabotage
- Commercial bribery that involves the trading in of vehicles, counterfeiting, forgery, and trafficking in vehicles
- Performing an act that would lead to a charge of felony and not showing up for trial where one can get a two-year imprisonment term
Alien smuggling
- Under the Criminal Resource Allocation Prevention Act, any offense involving obstruction of justice (including acting against a witness or hindering an investigation), perjury, or bribing a witness, must lead to imprisonment for a year or more.
- Any violent crime with a term of more than 1 year merely indicates that the offender will spend one year in jail or more.
- However, it’s significant to understand that this list is not comprehensive and the U. S. courts are at liberty to rape criminals as an aggravated felony regardless of the act in this list.
Seeking Legal Guidance
These aggravations are exceedingly intricate, and because the penalties brought about by the aggravated felonies in the U. S immigration law are exceptionally severe, then one must seek a lawyer for his or her case. It is essential to note that many instances, which involve disputable whether they fall under the category of an aggravated felony, trigger more debates and appeals to the courts. See, it is therefore very relevant to seek legal assistance from an immigration lawyer who has a specialty in such cases.
Finding an immigration attorney and a defense attorney is as important as negotiating any plea deals when facing criminal proceedings. This approach will assist in disentangling the various legalization consequences and focus on maintaining the immigration status.
Therefore, using the specified guidelines based on the U. S. immigration law, it is essential to learn the significance of an aggravated felony in the lives of non-citizens living in the United States. Regardless of whether the term is ambiguous, the effects are fundamental. Because foreign nationals must be conscious of the possible consequences of criminal convictions, it is equally important for them to be aware of the possible markings or repercussions of obtaining any criminal convictions, especially those amounting to aggravated felonies. The legal help they receive and professional advice can be of crucial importance when it comes to the issue of immigration and searching for remedies when facing such intricate legal matters.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an F-1 Student Visa or B-1/B-2 Visitor Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
