For a non-citizen, the immigration consequences of a felony conviction can be more severe than the criminal sentence itself: deportation, mandatory detention without bond, a permanent bar on returning to the United States, and the loss of nearly every form of immigration relief. Federal immigration law treats certain convictions as independent grounds for removal, and it uses its own definitions. A crime a state court calls a misdemeanor can still qualify as an “aggravated felony” under immigration law, and a sentence a judge suspended entirely can still count against you.
Convictions That Make a Non-Citizen Deportable
Federal law groups removable criminal offenses into several categories, each with its own rules.
Aggravated Felonies
The “aggravated felony” label carries the harshest consequences and does not track the state-law meaning of “felony.” A theft or burglary conviction qualifies when the court imposed a sentence of at least one year, even if the state treated the offense as a misdemeanor.1Office of the Law Revision Counsel. 8 USC 1101 – Definitions – Section: (a)(43) The same one-year threshold applies to crimes of violence. Drug trafficking offenses are aggravated felonies regardless of sentence.2Office of the Law Revision Counsel. 8 USC 1101 – Definitions – Section: (a)(43)(B) Money laundering involving more than $10,000 qualifies as well.
Any non-citizen convicted of an aggravated felony after admission is deportable, with no minimum residence period that provides protection.3Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens – Section: (a)(2)(A)(iii) Once removed on this ground, the person is permanently inadmissible, with no time bar to wait out.4Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens – Section: (a)(9)(A)
Crimes Involving Moral Turpitude
Immigration law also uses the category “crimes involving moral turpitude,” which covers offenses involving fraud, theft with intent to permanently deprive the owner of property, or intent to cause serious bodily harm. The focus is on criminal intent rather than sentence length. Credit card fraud, embezzlement, tax evasion, and false statements to government officials all fall within the category.5U.S. Department of State Foreign Affairs Manual. 9 FAM 302.3 – Ineligibility Based on Criminal Activity
A single conviction makes a person deportable only when two conditions are met together: the offense was committed within five years of admission, and the crime carries a potential sentence of one year or more.6Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens – Section: (a)(2)(A)(i) A serious fraud conviction six years after admission might not reach this ground on its own. Two separate convictions for crimes involving moral turpitude at any point after admission, however, make a person deportable regardless of timing or sentence length.
Drug, Firearm, and Domestic Violence Offenses
Drug convictions are treated with particular severity. Any conviction for violating a controlled substance law after admission is a deportable offense, with one narrow exception: a single offense of possessing 30 grams or less of marijuana for personal use.7Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens – Section: (a)(2)(B)(i) A first-time possession charge resulting in probation and no jail time still counts.
Firearm offenses form a separate deportation ground. A conviction for purchasing, selling, possessing, or carrying any firearm or destructive device in violation of any law makes a person deportable, with no sentence threshold and no timing requirement.8Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens – Section: (a)(2)(C)
Domestic violence convictions trigger deportability as well. A crime of violence against a current or former spouse, a cohabitant, or someone protected under domestic violence laws qualifies, as do stalking, child abuse, child neglect, and violations of protective orders where the court finds the person engaged in threatening or violent conduct.9Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens – Section: (a)(2)(E)
Why the Sentence Number Matters, Even If It’s Suspended
Immigration law counts the full sentence the judge ordered, even when the judge suspended it entirely. A 365-day sentence that the court suspends is still a one-year sentence for the aggravated felony threshold.10Office of the Law Revision Counsel. 8 USC 1101 – Definitions – Section: (a)(48)(B) A plea deal that keeps someone out of jail but produces a one-year suspended sentence can be just as damaging as actually serving the time. For non-citizens, negotiating the sentence below the one-year mark is often the single most important thing a criminal defense attorney can do.
Mandatory Detention After the Criminal Sentence Ends
When a person finishes a criminal sentence for a qualifying offense, Immigration and Customs Enforcement is required by statute to take the person into custody. Mandatory detention applies to people convicted of aggravated felonies, controlled substance offenses, firearm offenses, and certain crimes involving moral turpitude, among other categories.11Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens – Section: (c) The statute does not let immigration authorities weigh flight risk or community ties.
The Supreme Court held in 2018 that people detained under this provision have no statutory right to periodic bond hearings while removal proceedings run.12Justia US Supreme Court. Jennings v. Rodriguez, 583 US (2018) Release is permitted only in narrow circumstances, such as cooperating as a witness in a major criminal investigation. Immigration cases can take months or years to resolve, and a person can spend that entire time in a detention facility without an opportunity to argue for release on bond.
Green Cards, Naturalization, and Travel
Holding a green card does not insulate anyone from these consequences. A lawful permanent resident convicted of an aggravated felony, a controlled substance offense, or any other deportable crime faces the same removal proceedings as someone without permanent status, and the government can revoke permanent residency through that process.
Naturalization
Becoming a U.S. citizen requires demonstrating good moral character during the statutory period before filing.13U.S. Citizenship and Immigration Services. USCIS Policy Manual – Good Moral Character – Purpose and Background An aggravated felony conviction permanently bars a person from ever establishing good moral character, which makes naturalization impossible.14Office of the Law Revision Counsel. 8 USC 1101 – Definitions – Section: (f) Less serious criminal convictions can still block naturalization during the statutory review period, typically the five years before filing. Every applicant must disclose all arrests and convictions on the application; failing to do so is an independent ground for denial based on dishonesty.
Travel for Permanent Residents
Green card holders with a criminal record face a trap when traveling abroad. Returning to the United States can trigger an inadmissibility review at the port of entry, and the grounds for inadmissibility are broader than the grounds for deportability. A single marijuana possession conviction involving 30 grams or less does not make a permanent resident deportable from inside the country, but it can make them inadmissible on re-entry. A permanent resident who would not face removal while staying in the country can find themselves barred from coming home after a vacation. Legal advice before any international trip is essential.
There is one narrow inadmissibility exception worth knowing. A person with a single conviction for a crime involving moral turpitude can escape inadmissibility if the maximum possible penalty for the offense did not exceed one year and the actual sentence imposed was six months or less.15Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens – Section: (a)(2)(A)(ii)(II) It applies only when there is a single offense on the record.
What Relief Remains in Removal Proceedings
Felony convictions systematically eliminate the options an immigration judge might otherwise use to let someone stay.
Asylum
An aggravated felony conviction automatically classifies a person as having been convicted of a “particularly serious crime,” which disqualifies them from asylum.16Office of the Law Revision Counsel. 8 USC 1158 – Asylum – Section: (b)(2)(B)(i) The bar applies even if the person can prove they face persecution in their home country.
Cancellation of Removal
Cancellation of removal lets an immigration judge halt deportation based on a person’s ties to the United States and the hardship removal would cause. For permanent residents, the law requires at least five years of lawful permanent residence, seven years of continuous U.S. residence, and no aggravated felony conviction. That third requirement is absolute: a single aggravated felony strips the judge of authority to grant cancellation, no matter how long the person has lived here or how much their family depends on them. Non-permanent residents face a similar bar and must additionally show that removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or permanent resident relative.17Office of the Law Revision Counsel. 8 USC 1229b – Cancellation of Removal – Section: (b)
Withholding of Removal and Protection Under the Convention Against Torture
Withholding of removal is a separate protection for people who would face persecution in their home country. It does not lead to permanent residency, but it prevents deportation to the specific country where the threat exists. A person convicted of an aggravated felony with an aggregate sentence of at least five years is automatically deemed to have committed a particularly serious crime and is barred from this relief.18Office of the Law Revision Counsel. 8 USC 1231 – Detention and Removal of Aliens Ordered Removed – Section: (b)(3)(B) The government can also argue on a case-by-case basis that an aggravated felony with a shorter sentence qualifies.
One protection survives even the most serious criminal records. Under the Convention Against Torture, a person who can show they would more likely than not face torture by or with the acquiescence of a government official cannot be removed to that country. When a criminal conviction bars withholding of removal, the person can still receive “deferral of removal” under the Convention Against Torture.19eCFR. 8 CFR 1208.16 – Withholding of Removal Under the Convention Against Torture Deferral is more precarious than other forms of relief because the government can move to terminate it if country conditions change, but it prevents physical removal as long as the torture risk persists. For someone with an aggravated felony conviction who faces genuine danger abroad, this may be the only option left.
Does Expungement Help?
People often assume that getting a conviction expunged or dismissed through a state rehabilitation program erases the immigration consequences. It does not. Federal immigration authorities disregard state court orders that vacate, expunge, or dismiss a conviction under a rehabilitative statute, and the conviction remains fully effective for deportation and inadmissibility purposes.20U.S. Citizenship and Immigration Services. USCIS Policy Manual – Volume 12 – Part F – Chapter 2 – Adjudicative Factors
Vacating a conviction matters only when a court throws it out because of a genuine legal defect in the original criminal case, such as a constitutional violation, ineffective assistance of counsel, or a defect in the charging document. If a court with jurisdiction vacates a conviction on those grounds, the person is no longer “convicted” for immigration purposes.21U.S. Department of Justice. Matter of Pickering, 23 I&N Dec. 621 (BIA 2003) A conviction vacated to help someone avoid deportation, or because the person completed a diversion program, still counts. Immigration authorities look at why the conviction was vacated, not just that it was.
Waivers of Inadmissibility
Federal law provides a limited waiver for some criminal grounds of inadmissibility. A person inadmissible for a crime involving moral turpitude or for a single offense of possessing 30 grams or less of marijuana can apply for a waiver if a qualifying U.S. citizen or permanent resident relative would suffer extreme hardship from the person’s exclusion. The waiver is not available for most drug offenses beyond the marijuana exception, and it generally cannot overcome an aggravated felony conviction for someone who has been a lawful permanent resident for fewer than seven years.22Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens – Section: (h) Waivers are discretionary, so the government can deny one even when all technical requirements are satisfied. They also only waive inadmissibility; they do not cancel a deportation order or stop removal proceedings on other grounds.
For a non-citizen facing any criminal charge, immigration-specific legal advice before accepting a plea is the most consequential decision in the case. A sentence that looks like a win in the criminal courtroom can still be the trigger that ends a life in the United States.