Understanding Criminal Grounds for Removal

Certain criminal convictions can lead to removal (deportation) of non-citizens—including visa holders, green card holders, and other residents. These offenses may be specifically listed in immigration law or fall under broader categories like:

• Aggravated felonies
• Crimes involving moral turpitude (CMT)

Even cases resolved through treatment programs, deferred prosecution, or expungement may still count as convictions under immigration law.

Aggravated Felonies

Aggravated felonies are not always violent or even felonies under state law, yet they can carry the harshest immigration consequences—including mandatory removal and ineligibility for most forms of relief.

Examples (Regardless of Sentence):

• Murder, rape, or sexual abuse of a minor
• Drug or firearm trafficking
• Child pornography or prostitution businesses
• Alien smuggling (with exceptions for immediate family)
• Illegal reentry after removal
• Racketeering, gambling, ransom demands

Based on Sentence (1+ Year Imprisonment):

• Crimes of violence, theft, burglary
• Forgery, counterfeiting, bribery
• Obstruction of justice, perjury

Based on Financial Loss ($10,000+):

• Fraud, tax evasion, money laundering

Crimes Involving Moral Turpitude (CMT)

A person may be deportable for a CMT if:

• Committed within 5 years of admission and punishable by at least 1 year in jail
• They have multiple CMT convictions not from a single incident

Common CMT offenses include theft, fraud, assault with intent to injure, and many sex crimes.

Domestic Violence, Child Abuse, and Protective Order Violations

Deportable offenses include:

• Crimes of domestic violence
• Stalking
• Child abuse or neglect
• Violating court-issued protective orders

Some exceptions apply for victims of domestic violence who were not the primary aggressors.

Relief from Removal

Adjustment of Status

Non-citizens may apply to become Legal Permanent Residents (green card holders) as a defense to removal, if eligible. Some undocumented individuals may qualify through older petitions (filed by April 30, 2001) or waivers.

Requirements:

• Approved immigrant petition and available visa number
• USCIS medical exam
• U.S.-based financial sponsor
• File Form I-485

Asylum

Non-citizens fearing persecution due to race, religion, nationality, political opinion, or social group can apply for asylum—even during removal proceedings.

Ineligibility includes those who:

• Have aggravated felony or serious criminal convictions
• Engaged in terrorism or persecution of others
• Pose a danger to national security

Requirements:

• Must apply within 1 year of arrival (with some exceptions)
• Must show credible fear with supporting evidence

Cancellation of Removal

For Lawful Permanent Residents (Green Card Holders):

Eligible if they:

1. Have held LPR status for 5+ years
2. Have lived in the U.S. continuously for 7 years
3. Have no aggravated felony convictions

For Non-Permanent Residents:

Eligible if they:

1. Have been continuously present in the U.S. for 10 years
2. Are of good moral character
3. Have no disqualifying criminal convictions
4. Can prove removal would cause exceptional hardship to a U.S. citizen or LPR spouse, parent, or child

Note: Time stops counting once a crime is committed or removal proceedings begin.

Our Role in Your Defense

At Zaidi Law Firm P.C., we understand how deportation can devastate families and futures. Many clients are placed in removal for minor offenses or misunderstandings. Our firm:

• Challenges the grounds of deportation
• Builds strong defense strategies
• Prepares clients thoroughly for court hearings
• Pursues all available forms of relief—from waivers and adjustments to asylum and cancellation of removal

We are committed to fighting for your right to stay in the United States.