For non-citizens living in the United States, a criminal conviction is more than just a matter of fines or jail time, it is a direct threat to your ability to stay in the country. Under federal law, specifically Section 237 of the Immigration and Nationality Act (INA), certain offenses can trigger immediate removal proceedings.
At Ybarra Maldonado Law Group, we specialize in the intersection of criminal defense and immigration law. Understanding “deportable grounds” is the first step in defending your future.
Can you get deported for fraud?
Yes, you can be deported for fraud. Under the INA, fraud is often classified as a Crime Involving Moral Turpitude (CIMT) or an Aggravated Felony if the loss exceeds a certain amount of money. Additionally, committing marriage or visa fraud can lead to permanent inadmissibility and immediate removal from the United States.
What is INA 237(a)?
INA 237(a) is the section of the law that lists the “classes of deportable aliens.” Even if you have a Green Card (Lawful Permanent Resident status), you can still be deported if you are convicted of certain crimes.
The law generally categorizes these into several key areas:
1. Crimes Involving Moral Turpitude (CIMT)
A “Crime Involving Moral Turpitude” is a broad term used by immigration authorities to describe offenses that are considered “vile” or contrary to social duties.
- The 5-Year Rule: Under INA 237(a)(2)(A)(i), you may be deportable if you are convicted of a CIMT committed within five years of your admission to the U.S. and for which a sentence of one year or longer may be imposed.
- Multiple Convictions: Under INA 237(a)(2)(A)(ii), you can become deportable at any time if you are convicted of two or more CIMTs that did not arise from a single scheme of misconduct.
2. Aggravated Felonies
“Aggravated felony” is a term specifically defined by immigration law that often includes crimes that might be considered misdemeanors in state court. Conviction of an aggravated felony usually leads to mandatory detention and fast-tracked deportation with almost no chance for relief. Common examples include:
- Murder, rape, or sexual abuse of a minor.
- Drug trafficking or illicit trafficking in firearms.
- Fraud or Tax Evasion involving more than $10,000.
3. Controlled Substance Violations
Under INA 237(a)(2)(B), almost any drug-related conviction—except for a single offense of simple possession of 30 grams or less of marijuana for personal use—can make a non-citizen deportable. This includes “conspiracy” or “attempt” to violate drug laws.
4. Domestic Violence and Protection Order Violations
The law is particularly strict regarding Domestic Violence (DV). Convictions for domestic violence, stalking, child abuse, or child neglect make an individual deportable. Furthermore, if a judge finds you have violated the “stay away” or protection portion of a restraining order, you may face removal.
How to Fight Deportability Grounds
A “Notice to Appear” (NTA) in immigration court is the start of a fight, not the end of it. Potential defenses include:
- Cancellation of Removal: For those who have lived in the U.S. for a long period and have strong family ties.
- Adjustment of Status: If you are eligible for a Green Card through a different avenue.
- Asylum or Withholding of Removal: If returning to your home country poses a danger to your life.
- Contesting the Charge: Arguing that your specific conviction does not actually meet the federal definition of a deportable offense.
Protect Your Rights with Ybarra Maldonado Law Group
Don’t wait until ICE is at your door. If you or a loved one are facing criminal charges or have received an NTA, you need a team that understands how a plea deal in criminal court will impact your immigration status.
Call us today at 602.910.4040 or info@abogadoray.com to schedule a consultation.