What Crimes Are Eligible for Deportation For an Immigrant?

When it comes to immigration, one of the most serious risks non-citizens face is deportation based on a criminal record. If you're wondering what crimes are eligible for deportation, the short answer is: quite a few, especially under federal immigration law. Offenses that might seem minor under state law can still carry heavy consequences when immigration status is involved.

Not all convictions lead to removal, but certain categories of crimes can place a non-citizen, whether a lawful permanent resident or someone without status, at risk of being deported from the United States. Understanding which charges can trigger these consequences is key, especially if you're fighting to stay with your family, protect your job, or preserve a future here.

Let’s break it down so you can understand how the law works and what steps you can take to protect your rights.

Crimes That Can Get You Deported

1. Crimes Involving Moral Turpitude (CIMTs)

Let’s start with one of the most misunderstood categories: crimes involving moral turpitude, or CIMTs. These are offenses that are seen as violating the standards of honesty and good morals, things like theft, fraud, assault with intent to harm, and even certain DUI charges, depending on the facts.

One CIMT can lead to deportation if:

• It was committed within five years of entering the U.S., and

• The conviction carries a sentence of one year or more, even if that time wasn’t actually served.

Two or more CIMTs at any point after entry, even if they’re unrelated, can make you deportable.

Moral turpitude is a broad category. The outcome depends on how the crime is charged and defined under state or federal law, and whether there's a clear link between the conviction and a moral failing.

2. Aggravated Felonies

The name might sound self-explanatory, but "aggravated felony" doesn’t always mean it's the worst of the worst. In the immigration context, this label is applied to a specific list of crimes, some violent, others not.

Examples include:

• Murder

• Drug trafficking

• Sexual abuse of a minor

• Firearms trafficking

• Money laundering (over $10,000)

• Theft or burglary with a sentence of one year or more
  

Even if you received probation or your sentence was suspended, certain charges still qualify. And once you have an aggravated felony on your record, not only can you be deported, you can also be barred from coming back, applying for most forms of relief, or becoming a U.S. citizen later on.

3. Controlled Substance Offenses

Drug-related offenses can lead to immigration trouble fast. Even small amounts of marijuana, legal under Colorado law, for instance, can still trigger removal if they don’t fall within the narrow federal exceptions (like 30 grams or less for personal use).

Some examples of deportable drug offenses:

• Possession of a controlled substance (including marijuana, meth, cocaine, etc.)

• Intent to distribute or drug trafficking

• Possession of drug paraphernalia (in some jurisdictions)
  
  

What’s especially tricky is that even admitting to using drugs, without a conviction, can create problems with immigration benefits or renewals.

4. Firearms-Related Charges

Firearms violations are taken seriously in immigration court. If you’re convicted of:

• Unlawful possession of a firearm,

• Carrying a firearm without a permit,

• Selling or trafficking weapons, or

• Using a firearm while committing another crime,

you may be found deportable. And this applies whether the law you broke was state or federal.

Even if you didn’t use the weapon, just having it during a crime can elevate charges and create bigger risks for your status.

5. Domestic Violence and Restraining Order Violations

Convictions related to domestic violence, stalking, child abuse, or violating a protective order are all deportable offenses under immigration law. These cases can be especially complicated because:

• A single argument or police call can lead to charges.

• Protective orders can be civil, but violating them may carry immigration penalties.

• Some charges may be filed without a conviction if there's a finding of misconduct in family court.

In Texas and across the country, these cases are heavily scrutinized. For immigrants, they can lead to the loss of green cards, denials of citizenship, and fast-track deportation procedures.

6. Crimes of Violence

A crime of violence doesn’t need to result in injury to be a problem. If a crime involves the use, or even threat, of force, it might qualify under federal immigration definitions.

Examples include:

• Assault and battery (especially with a weapon)

• Robbery

• Sexual assault

• Kidnapping

The way the offense is described in the charging documents, the sentence, and whether it was a misdemeanor or felony all factor into how USCIS or ICE sees it.

7. Fraud and Deception Offenses

If your conviction is tied to fraud, especially when there’s a loss of more than $10,000, it could trigger removal.

This includes:

• Identity theft

• Tax fraud

• Medicaid or benefits fraud

• Credit card fraud

• False claims to U.S. citizenship

Even if these crimes didn’t involve violence or physical harm, the government often treats them harshly under immigration law.

What Happens After a Deportable Conviction?

If immigration authorities determine that your criminal record makes you deportable, several things can happen:

• You may be placed into removal proceedings, even if you’ve had your green card for years.

• You may be detained by ICE, especially after completing a jail or prison sentence.

• You might lose eligibility for bond or certain waivers, depending on the type of offense.

Not all hope is lost, but navigating this system on your own is risky. There are forms of relief, such as cancellation of removal or waivers, that may be available depending on your immigration history, family ties, and the nature of the conviction. But timing and legal arguments matter.

Why Legal Experience Matters in Deportation Cases

If you’re dealing with any of the charges listed above, or even something you think might be minor, don’t assume the system will treat you fairly without a fight.

Attorney Iris Guerra Bravo knows how the system works, from the inside. With over 16 years of experience, including time served as Deputy Chief Counsel for Immigration and Customs Enforcement (ICE) and as an Assistant District Attorney in Texas, she’s handled thousands of cases involving immigrants just like you.

Her reputation for strategic, ethical, and fearless advocacy is why so many clients across McAllen, Laredo, Brownsville, and the Rio Grande Valley trust the Guerra Bravo Law Firm with their most important legal matters.

Whether you're in the middle of a criminal case or you're already facing removal, having an experienced immigration lawyer in McAllen TX who understands both sides of the courtroom can change the outcome of your future.

Need Help? Talk to a McAllen Immigration Lawyer Who Knows the System

Getting charged with a crime doesn’t automatically mean deportation, but waiting too long to take action can make things worse. At Guerra Bravo Law Firm, you’ll get the honest answers, expert strategy, and relentless defense you need to fight for your status and your family’s future.

Call us today or request a confidential consultation with immigration lawyer McAllen TX, Iris Guerra Bravo. Whether you need help understanding what crimes are eligible for deportation, are already in court, or want to explore your legal options, we’re ready to help.

Serving clients across McAllen, Brownsville, Laredo, and the Rio Grande Valley, and beyond.