Immigration Consequences of Crimes Summary Checklist For more comprehensive legal resources, visit the Immigrant Defense Project

For more comprehensive legal resources, visit the Immigrant Defense Project website at
immdefense.org or call 212-725-6422 for individual case support.
CRIMINAL INADMISSIBILITY GROUNDS CRIMINAL DEPORTABILITY GROUNDS CRIMINAL BARS ON OBTAINING U.S.
Will or may prevent a noncitizen from being able to obtain lawful admission status in the Will or may result in deportation of a noncitizen who already has CITIZENSHIP – Will prevent an LPR from
U.S. May also prevent a noncitizen who already has lawful admission status from being lawful admission status, such as a lawful permanent resident (LPR) being able to obtain U.S. citizenship.
able to return to the U.S. from a future trip abroad. green card holder or a refugee. Conviction or admission of the following crimes
Conviction or admission of a Controlled Substance Offense, or DHS reason to believe that Conviction of a Controlled Substance Offense bars the finding of good moral character required
the individual is a drug trafficker EXCEPT a single offense of simple possession of 30g or less of marijuana for citizenship for up to 5 years:
Conviction or admission of a Crime Involving Moral Turpitude (CIMT), including: Conviction of a Crime Involving Moral Turpitude (CIMT) [see Criminal ➤➤Controlled Substance Offense (unless single
➤➤Offenses with an intent to steal or defraud as an element (e.g., theft, forgery) offense of simple possession of 30g or less of
Inadmissibility Gds]
➤➤Offenses in which bodily harm is caused or threatened by an intentional act or serious bodily marijuana)
➤➤One CIMT committed within 5 years of admission into the US and for
harm is caused or threatened by a reckless act (e.g., murder, rape, some manslaughter/assault ➤➤Crime Involving Moral Turpitude (unless
which a prison sentence of 1 year or longer may be imposed
offenses) single CIMT and the offense in not punishable
➤➤Two CIMTs committed at any time after admission and “not arising out > 1 year (e.g., in New York, not a felony)
➤➤Most sex offenses of a single scheme” + does not involve a prison sentence > 6
➤➤Petty Offense Exception – for one CIMT if the client has no other CIMT + the offense is not months)
punishable >1 year + does not involve a prison sentence > 6 mos. Conviction of a Firearm or Destructive Device Offense
Conviction of a Crime of Domestic Violence, Crime Against Children, ➤➤2 or more offenses of any type + aggregate
Prostitution (e.g., conviction, admission, or intent to engage in U.S.) and other unlawful prison sentence of 5 years
Commercialized Vice Stalking, or Violation of Protection Order (criminal or civil)
➤➤2 gambling offenses
Conviction of two or more offenses of any type + aggregate prison sentence of 5 yrs. Conviction of an Aggravated Felony ➤➤Confinement to a jail for an aggregate period
➤➤Consequences, in addition to deportability: of 180 days
CRIMINAL BARS ON 212(h) WAIVER OF CRIMINAL INADMISSIBILITY based on ♦♦Ineligibility for most waivers of removal
extreme hardship to USC or LPR spouse, parent, son or daughter Conviction of an Aggravated Felony on or
♦♦Permanent inadmissibility after removal after Nov. 29, 1990 (and conviction of murder at
➤➤Conviction or admission of a Controlled Substance Offense other than a single offense of ♦♦Enhanced prison sentence for illegal reentry any time) permanently bars the finding of moral
simple possession of 30 g or less of marijuana ➤➤Crimes included, probably even if not a felony: character required for citizenship
➤➤Conviction or admission of a violent or dangerous crime is a presumptive bar. ♦♦Murder
➤➤In the case of an LPR (except one who adjusted to LPR status inside U.S. and who has not ♦♦Rape
entered as an LPR from outside U.S.), conviction of an Aggravated Felony [see Criminal ♦♦Sexual Abuse of a Minor “CONVICTION” as defined for immigration
Deportability Gds], or any Criminally Inadmissible offense if removal proceedings initiated purposes
♦♦Drug Trafficking (including most sale or intent to sell offenses,
before 7 yrs of lawful residence in U.S. A formal judgment of guilt of the noncitizen entered
but also including possession of any amount of flunitrazepam and
CRIMINAL BARS ON ASYLUM based on well-founded fear of persecution in country possibly certain second or subsequent possession offenses where by a court, OR, if adjudication of guilt has been
of removal OR WITHHOLDING OF REMOVAL based on threat to life or freedom in the criminal court makes a finding of recidivism) withheld, where:
country of removal ♦♦Firearm Trafficking (i) A judge or jury has found the noncitizen guilty
Conviction of a “Particularly Serious Crime” (PSC), including the following: ♦♦Crime of Violence + at least 1 year prison sentence* or the noncitizen has entered a plea of guilty
➤➤Aggravated Felony [see Criminal Deportability Gds] ♦♦Theft or Burglary + at least 1 year prison sentence* or nolo contedere or has admitted sufficient
♦♦Fraud or tax evasion + loss to victim(s) >$10, 000 facts to warrant a finding of guilt, and
♦♦All aggravated felonies will bar asylum
♦♦Aggravated felonies with aggregate 5 years sentence of imprisonment will bar ♦♦Prostitution business offenses (ii) The judge has ordered some form of
withholding, & aggravated felonies involving unlawful trafficking in controlled substances ♦♦Commercial bribery, counterfeiting, or forgery + at least 1 year punishment, penalty, or restraint on the
are a presumptive bar to withholding of removal prison sentence* noncitizen’s liberty to be imposed
➤➤Violent or dangerous crime will presumptively bar asylum ♦♦Obstruction of justice or perjury + at least 1 year prison THUS:
➤➤Other PSCs – no statutory definition; see case law sentence* ➤➤A court-ordered drug treatment or domestic
♦♦Various federal offenses – money laundering, certain firearms violence counseling alternative to incarceration
CRIMINAL BARS ON 209(c) WAIVER OF CRIMINAL INADMISSIBILITY based and explosive materials offenses (including arson), alien disposition IS a conviction for immigration
on humanitarian purposes, family unity, or public interest (only for persons who have smuggling, etc. – and analogous state offenses purposes if a guilty plea is taken (even if the
asylum or refugee status) ♦♦Other offenses listed at 8 USC 1101(a)(43) guilty plea is or might later be vacated)
➤➤DHS reason to believe that the individual is a drug trafficker ♦♦Attempt or conspiracy to commit any of the above ➤➤A deferred adjudication without a guilty plea IS
➤➤Violent or dangerous crime is a presumptive bar NOT a conviction
* The “at least 1 year” prison sentence requirement includes a suspended ➤➤NOTE: A youthful offender adjudication IS NOT
CRIMINAL BARS ON NON-LPR CANCELLATION OF REMOVAL based on prison sentence of 1 year or more. a conviction if analogous to a federal juvenile
continuous physical presence in U.S. for 10+ years; and “exceptional and extremely delinquency adjudication
unusual” hardship to USC or LPR spouse, parent or child CRIMINAL BARS ON LPR CANCELLATION OF REMOVAL based
on LPR status of 5 yrs or more and continuous residence in U.S. for 7
➤➤Conviction of an offense described under the criminal inadmissibility or deportability yrs after admission (only for persons who have LPR status)
grounds, regardless of whether or not the ground would apply to the person, e.g., one
CIMT with a potential sentence of 1 year or longer [see Criminal Deportability Gds] even if ➤➤Conviction of an Aggravated Felony
the offense was not w/n five years of an admission to the US ➤➤Offense triggering removability referred to in Criminal Inadmissibility
➤➤Conviction or admission of crimes barring required finding of good moral character during Grounds if committed before 7 yrs of continuous residence in U.S.

10 year period [see Criminal Bars on Obtaining U.S. Citizenship] © 2017 Immigrant Defense Project (Last updated June 2017)
IMMIGRATION CONSEQUENCES OF CONVICTIONS SUMMARY CHECKLIST – DACA Supplement
Criminal bars relating to DACA temporary administrative status program (Updated June 16, 2017).
© 2017 Immigrant Defense Project

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) IS BASED IN PART ON: SOME OTHER OFFENSES/CONDUCT THAT
♦♦entry into the U.S. as a child under age 16 before June 15, 2007 CAN LEAD TO A DENIAL OF PROSECUTORIAL
♦♦continuous residence in the U.S. since June 15, 2007 DISCRETION TO GRANT DACA STATUS
♦♦currently in school, high school degree or GED, or honorably discharged veteran
But certain convictions will generally prevent non-citizens from obtaining DACA: status ➤➤ Convictions or other information indicating
One felony conviction that the applicant is a threat to national
➤➤ Any federal, state or local offense that is punishable by imprisonment for a term exceeding one year security or public safety. DHS considers that
♦
♦Does not include state immigration-related offenses such a threat includes, but is not limited to,
One “significant misdemeanor” conviction, including: gang membership, participation in criminal
➤➤ An offense punishable by imprisonment of one year or less but greater than five days (regardless of sentence activities, or participation in activities that
actually imposed) that is: threaten the U.S.
♦
♦Domestic violence
♦
♦Sexual abuse or exploitation DISPOSITIONS THAT AVOID AUTOMATIC
♦
♦Burglary DISQUALIFICATION
♦
♦Unlawful possession or use of a firearm
♦
♦Drug distribution or trafficking ➤➤ Juvenile dispositions do not bar DACA (but
♦
♦Driving under the influence adult convictions of juveniles may do so)
NOTE: The above list may include certain offenses that are not classified as misdemeanors in the convicting ➤➤ Expunged convictions do not bar DACA
jurisdiction, e.g. domestic violations or driving under the influence traffic infractions, if punishable by more than
five days in prison
➤➤ Any other offense punishable by imprisonment of one year or less for which the person received a sentence
of time in custody of more than 90 days
♦
♦Suspended sentences do not count towards the 90 days
IMPORTANT: Potential DACA applicants
who may wish to seek LPR or other
Three misdemeanor convictions formal lawful admission status in the
➤➤ Three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, future should also consider the Criminal
or scheme of misconduct Inadmissibility Grounds on the reverse
♦♦ Includes only federal, state, or local offenses punishable by imprisonment of one year or less but greater side because a conviction triggering
than five days (thus, may include certain low level offenses not classified as misdemeanors if punishable inadmissibility, even if it does not bar
by more than five days in prison) DACA, could affect the person’s future
♦
♦Does not include minor traffic offenses (such as driving without a license) ability to obtain formal lawful status
♦
♦Does not include state immigration-related offenses

Note: Anyone who has had contact with the criminal legal system who is considering an application to initiate or renew DACA status should
proceed with caution. There is uncertainty about how the DACA criminal bars will be applied under the Trump administration, and there are
some preliminary indications that any contact with the criminal legal system may lead to heightened scrutiny of the application