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Aggravated Felony and Immigration Consequences


Criminal convictions can, in some cases, have a detrimental impact on your immigration status. The Immigration and Nationality Act, Section 101 (a) 43 provides a descriptive list of what the Immigration and Nationality Act, INA, describes as aggravated felonies. The crimes listed in INA Section 101 as aggravated felonies includes, but is not limited to:

  • Murder
  • Rape
  • Sexual abuse of a minor
  • Illicit trafficking of a controlled substance
  • Illicit trafficking of firearms or explosive devices
  • Theft or Burglary offenses with a sentence of greater than one year
  • Offenses related to Prostitution

The crimes listed above are only a few of the potential aggravated felonies. Additionally, INA Section 101 (a) 48 defines the term conviction for purposes of an alien. Section 101 (a) 48 states that a conviction is a formal judgment entered by the court, or in some circumstances, even when adjudication has been withheld. For example, fictional character, Darryl, enters a guilty or nolo contendere plea to a charge for marijuana possession with intent to distribute. If Darryl is an alien, there is a high likelihood that Darryl will have substantial issues with becoming a citizen of the United States, and in some situations Darryl could possibly be deported. If you are a not a United States citizen and you've been arrested for criminal charges, make sure you make an educated decision prior to entering into any plea agreement. In my next blog discussion, I will delve further into this topic. If you're unsure about the immigration process, call the Law Office of Robert L. Booker, P.C. today for a free consultation.

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