6 Reasons an immigrant must avoid an aggravated felony conviction
As an immigrant, it is best to avoid an aggravated felony conviction, or indeed a conviction of any type. If a conviction seems inescapable, then your criminal defense attorney, in consultation with an immigration attorney should strive to make sure that such a conviction is not one for aggravated felony for immigration purposes. Here's why;
1. Aggravated felony conviction vs Naturalization
To be eligible for naturalization, an immigrant (amongst other reqiurement), has to show that he/she is a person of good moral character within the relevant period. An aggravated felony conviction takes away this possibility because it makes such an immigrant statutorily incapable of establishing good moral character, thereby never being able to attain naturalization/citizenship.
2. Aggravated felony conviction vs Deportation/removal
A conviction for an aggravated felony, without more, is sufficient ground for initiation of deportation/removal proceedings.
3.Aggravated felony conviction vs Humanitarian reliefs
A conviction for an aggravated felony renders one ineligible for asylum. It also renders an alien ineligible for Withholding in those situations where the aggravated felony qualifies as a particularly serious crime. The same is true for the relief of Withholding under the Convention Against Torture. Temporary Protected Status (TPS) is also unavailable.
4.Aggravated felony conviction vs Discretionary reliefs
Voluntary departure ( a really good relief in many situations) is not available to an aggravated felon. Waivers are either unavailable or much tougher to obtain. Adjustment of status may also be denied based on an unfavourable exercise of discretion.
5. Aggravated felony conviction vs Statutory reliefs
Cancellation of removal is a relief from deportation or removal available under the law to a lawful permanent resident (LPR) in some situations. However, a conviction for an aggravated felony makes an otherwise eligible LPR ineligible. An almost similar relief available to non LPRs, and which gives an eligible alien a way towards adjustment of status, is not available where there has been a conviction for certain crimes, including an aggravated felony conviction.
6. Aggravated felony conviction vs Bond eligibility
In most cases, a conviction for an aggravated felony would render an alien ineligible for bond during deportation/removal proceedings. Possibility for bond are only in very narrow and limited situations.
Avoid the aggravated felony conviction like you would a plague