Simone Lawson
Understanding what constitutes an aggravated felony in the context of US immigration law is crucial for non-citizens, as a conviction can result in severe consequences, including deportation and ineligibility for immigration benefits such as visas or green cards. The term aggravated felony in immigration law differs from its criminal law definition, and Congress has the sole responsibility for deciding which crimes qualify. The Immigration and Nationality Act (INA) provides a list of categories of offenses that constitute aggravated felonies, and the conviction need not always be a felony to fall under this definition. The consequences of an aggravated felony conviction are far-reaching and can impact an individual's immigration status and future prospects in the US.
| Characteristics | Values |
|---|---|
| Aggravated felony definition | The term "aggravated felony" means something different in an immigration context than its more common criminal law meaning. |
| Aggravated felony conviction repercussions | Deportation from the United States, ineligibility for future immigration benefits (e.g., visa or green card), and other permanent immigration consequences. |
| Aggravated felony qualification | The offense doesn't need to be a felony or have aggravating factors under applicable criminal law. Some crimes, such as those related to kidnapping, human trafficking, child pornography, or sexual abuse of a minor, almost always qualify as aggravated felonies. |
| Aggravated felony sentencing | If sentenced to jail or prison time, the individual will serve the sentence first and then be transferred to the custody of federal immigration authorities for deportation. |
| Aggravated felony consequences for non-citizens | Loss of right to retain a U.S. nonimmigrant visa or green card and access to other immigration benefits. Ineligibility for asylum, cancellation of removal, and voluntary departure. |
| Aggravated felony conviction timeline | Changes to the list of aggravated felonies apply retroactively. A conviction for a crime committed abroad constitutes an aggravated felony if the term of imprisonment was completed within the previous 15 years. |
| Aggravated felony sentencing requirements | Some offenses require a minimum term of imprisonment of one year to qualify as an aggravated felony. |
| Aggravated felony examples | Racketeering, gambling offenses, document fraud, commercial bribery, counterfeiting, forgery, trafficking in vehicles, and failure to appear in court on a felony charge. |
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What You'll Learn
Crimes involving kidnapping and human trafficking
In the US, an "aggravated felony" in the context of immigration law means something different from its more common criminal law meaning. An aggravated felony is one of the criminal offenses listed in federal law, and an offense need not be a felony under applicable criminal law for it to qualify as an aggravated felony. Congress has been solely responsible for deciding which crimes qualify as aggravated felonies under immigration law since the term was added to the INA in 1988.
Immigration relief provides a path for victims of human trafficking to stabilize their status in the United States and build a sense of security. T nonimmigrant status, or the T visa, is available to victims of severe forms of human trafficking. This status allows victims to remain and work in the United States for up to four years, with the possibility of extension in limited circumstances. T nonimmigrants may also be eligible for employment authorization and can apply for a Green Card if they meet certain requirements.
Being convicted of an aggravated felony as a noncitizen can have serious immigration repercussions, including deportation from the United States and ineligibility for future immigration benefits such as visas or Green Cards. Lawful permanent residents convicted of an aggravated felony may face limited options to avoid deportation.
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Crimes involving child pornography
In the United States, crimes involving child pornography are considered aggravated felonies for immigration purposes. This means that if a non-citizen is convicted of such a crime, they may face serious immigration repercussions, including deportation and ineligibility for future immigration benefits such as visas or green cards.
The term "aggravated felony" in the context of immigration law carries a different meaning from its interpretation in criminal law. In immigration law, an aggravated felony is any of the criminal offenses listed in federal law. Notably, the offense need not be classified as a felony under criminal law, nor must aggravating factors be present for it to be considered an aggravated felony under immigration law.
Child pornography offenses are prohibited under federal law, specifically 18 U.S.C. § 2251, § 2252, and § 2256. These laws criminalize the production, distribution, reception, possession, and transportation of child pornography using any means or facility of interstate or foreign commerce. Child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). This includes photographs, videos, digital or computer-generated images, and images that have been created, adapted, or modified to include a minor.
The penalties for violating federal child pornography laws are severe. A first-time offender convicted of producing or transporting child pornography faces fines and a prison sentence ranging from 5 to 30 years. If aggravating factors are present, such as prior convictions or if the offense involved violent or sadistic images, the offender may face up to life imprisonment.
It is important to note that federal jurisdiction applies to child pornography offenses that occur in interstate or foreign commerce, including the use of the internet or transportation across state or international borders. This means that even if an individual is not a U.S. citizen, they can still be prosecuted under federal child pornography laws if their actions involve the United States in any way.
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Document fraud
Immigration-related document fraud can have serious consequences, including deportation and the prevention of future immigration benefits. Document fraud can take many forms, including fraud and misuse of visas, permits, and other entry documents. For example, an individual may be charged with document fraud for using a visa or permit that was not issued lawfully for their use.
Under 18 U.S. Code § 1546, it is illegal to knowingly make false statements under oath or penalty of perjury in any application, affidavit, or other document required by immigration laws. This includes subscribing to any false statement as true and presenting any application or document containing false statements.
Individuals applying for naturalization must answer a series of questions truthfully to demonstrate their good moral character and eligibility for U.S. citizenship. Lying on these forms is considered document fraud and can result in prosecution and removal by U.S. Immigration and Customs Enforcement (ICE).
In the context of immigration law, an aggravated felony is a criminal offense listed in the federal statute. While the term "aggravated felony" typically carries a different meaning in criminal law, it is applied more broadly in immigration law. An aggravated felony conviction can result in deportation and other permanent immigration consequences.
Immigration-related document fraud may be classified as an aggravated felony under the INA, resulting in deportation and the denial of various immigration benefits. This classification can impact an individual's ability to obtain relief from removal, asylum, withholding of removal, or adjustment to legal permanent residency status.
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Racketeering and gambling offenses
In the context of immigration law, the term "aggravated felony" has a different meaning from its common understanding in criminal law. An aggravated felony is a criminal offense listed in federal law, and it does not need to be classified as a felony under criminal law or have aggravating factors. An aggravated felony conviction for non-citizens can lead to deportation and ineligibility for future immigration benefits. Congress decides which crimes qualify as aggravated felonies, and changes to the list are applied retroactively.
The Racketeer Influenced and Corrupt Organizations Act (RICO) was introduced in 1970 to target organized crime and provide extended criminal penalties for racketeering activities. RICO defines racketeering as the act of acquiring, controlling, or operating a business through illegal activities or income derived from those crimes. It also prohibits participation or conspiracy in certain business-related crimes. RICO has been effective in combating racketeering and has been adopted by many states, demonstrating its importance in addressing these serious offenses.
The consequences of a racketeering conviction are severe and can include long-term imprisonment, significant fines, and the loss of certain civil rights. Violent crimes committed in aid of racketeering can result in life imprisonment or even the death penalty for murders after September 13, 1994. Given the complex nature of racketeering cases, with intricate legal statutes and vast evidence, seeking experienced legal counsel is crucial for those facing racketeering and gambling offense charges.
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Non-federal crimes
The term "aggravated felony" has a distinct meaning in immigration law compared to its interpretation in criminal law. In the context of immigration, an aggravated felony is defined as any criminal offense listed in the Immigration and Nationality Act (INA). Notably, the underlying crime does not need to be labelled as an "aggravated felony" or even a "felony" in the jurisdiction where it was committed to be considered one for immigration purposes. Instead, it is solely up to Congress to decide which crimes qualify as aggravated felonies under immigration law.
The consequences of an aggravated felony conviction for non-citizens are severe and wide-ranging. A non-citizen convicted of an aggravated felony may lose their right to remain in the country and become subject to expedited removal or deportation. They also face additional immigration penalties, such as ineligibility for asylum, withholding of removal, cancellation of visas or green cards, and restrictions on re-entry into the United States.
It is important to note that the list of offenses constituting aggravated felonies is subject to change over time. Congress has expanded the definition of "aggravated felony" on numerous occasions, and these changes are applied retroactively. Therefore, a crime that was not previously considered an aggravated felony could be reclassified as such, triggering deportation and other consequences for individuals with prior convictions.
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Frequently asked questions
An aggravated felony is a legal term used in the context of immigration law. It is a category of criminal offenses listed in federal law. The underlying crime does not need to be a felony or even aggravated to be considered an aggravated felony.
The consequences of an aggravated felony conviction for immigration purposes are severe and wide-ranging. For non-citizens, this includes deportation, ineligibility for a visa or green card, and loss of access to other immigration benefits. Lawful permanent residents may also face deportation, but they have more options to avoid it.
Examples of crimes that constitute aggravated felonies include kidnapping, human trafficking, child pornography, sexual abuse of a minor, document fraud, and certain gambling offenses. Crimes committed abroad are considered aggravated felonies if the term of imprisonment was completed within the previous 15 years.
Congress is solely responsible for deciding which crimes qualify as aggravated felonies under immigration law. The list of offenses has expanded over time, and changes are applied retroactively. The specific crimes that constitute aggravated felonies can be found in the Immigration and Nationality Act (INA) and related statutes.
