Aggravated Felonies and Immigration: What You Need to Know
When it comes to immigration law, few terms carry as much weight—or confusion—as “aggravated felony.” It’s a technical term that can trigger some of the most severe immigration consequences, even when the underlying offense doesn’t seem particularly serious under state law. At Kalantarov Law, we help clients navigate these high-stakes challenges with clarity and strategy. Here’s what you need to know about how aggravated felonies can affect your immigration status.
What Is an Aggravated Felony?
Despite how it sounds, an “aggravated felony” does not necessarily refer to a violent or extreme offense. It is a term defined under federal immigration law, specifically INA § 101(a)(43), and includes a broad range of criminal offenses. These include drug trafficking, theft or burglary where the sentence is one year or more, firearms offenses, sexual abuse of a minor, and white-collar crimes such as fraud or tax evasion involving more than $10,000. Even non-violent or misdemeanor convictions under state law can sometimes be treated as aggravated felonies in the immigration system. This broad and often misunderstood definition means that many non-citizens may be unaware that their convictions fall under this category until it’s too late.
Immigration Consequences of an Aggravated Felony
The immigration consequences of an aggravated felony are extremely harsh. If you are a non-citizen convicted of an aggravated felony, you may be placed in removal proceedings and be permanently barred from many forms of immigration relief. For example, you become ineligible for cancellation of removal—a key defense against deportation—and you may face immediate removal without the opportunity to present your case to an immigration judge. Additionally, a conviction can result in permanent inadmissibility, meaning you could be forever barred from reentering the United States, even if you have close family ties or held lawful permanent residence. If you are a green card holder who hopes to become a U.S. citizen, a conviction for an aggravated felony also bars you from applying for naturalization and, in some cases, could lead to loss of citizenship if the offense occurred before you naturalized.
Legal Options May Still Be Available
Although the consequences are severe, there may still be options. If you are facing criminal charges or have a past conviction that could be classified as an aggravated felony, an experienced immigration attorney can help assess your case and determine the best course of action. Post-conviction relief may be possible, such as vacating a conviction based on legal or procedural errors. You may also be able to challenge whether your conviction truly qualifies as an aggravated felony under immigration law, as this determination is often complex and subject to legal interpretation. If you are still in criminal court, negotiating a plea to a different charge—one that does not carry immigration penalties—can sometimes preserve your right to stay in the U.S.
Why You Need Both an Immigration and Criminal Defense Attorney
Cases involving aggravated felonies sit at the intersection of criminal and immigration law. It is critical to work with both a criminal defense attorney and an immigration attorney who understand how each decision affects your legal status. Too often, criminal attorneys may negotiate a plea deal that seems favorable on the surface but has devastating immigration consequences. At Kalantarov Law, we routinely work alongside defense lawyers to craft plea strategies that protect not just your criminal record—but your ability to remain in the United States.
Contact Kalantarov Law
Whether you are currently facing charges or have already been convicted, your next legal steps could determine whether you remain in the U.S. or face removal. These cases move quickly and offer limited room for error. At Kalantarov Law, we understand what’s at stake and will work diligently to protect your future. Call us at (516) 953-9801 to schedule a consultation and learn how we can help you safeguard your rights and legal status.
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