Getting deported for a felony is possible. For non-U.S. citizens living in Tulsa County, being charged with a felony can have serious consequences, including deportation or removal from the United States. Immigration laws strictly regulate which crimes can result in deportation, and certain felony convictions can trigger removal proceedings.
Can a Felony Lead to Deportation?
Under U.S. immigration law, certain felonies are “deportable offenses,” including:
A. Aggravated Felonies
Federal immigration law defines aggravated felonies as some of the most serious crimes leading to automatic deportation, such as:
- Drug trafficking (including possession with intent to distribute)
- Murder or manslaughter
- Rape or sexual abuse of a minor
- Firearms offenses
- Human trafficking or smuggling
Even if a state law classifies a crime as a misdemeanor, it may still be an aggravated felony under federal immigration law, leading to deportation.
B. Crimes Involving Moral Turpitude (CIMT)
A crime involving moral turpitude (CIMT) is a crime that involves fraud, dishonesty, or intent to harm others, including:
- Fraud or identity theft
- Domestic violence
- Assault with intent to cause serious harm
- Certain drug offenses
A CIMT can lead to deportation if you commit two or more at any time or if you commit one CIMT within five years of entering the U.S., and it carries a potential sentence of one year or more.
C. Drug Convictions
- Any drug-related felony (except a single offense for personal possession of marijuana under 30 grams) can trigger deportation.
- Even a plea deal that results in a lesser conviction can still impact immigration status.
What If I Am a Green Card Holder?
Even lawful permanent residents (LPRs) can face deportation for certain felony convictions. If convicted of an aggravated felony or multiple CIMTs, a green card holder may:
- Receive placement in removal proceedings.
- Lose eligibility for naturalization (U.S. citizenship).
- Face permanent inadmissibility, meaning they cannot return to the U.S. after removal.
What Happens If I Get A Conviction?
If you are convicted of a felony in Tulsa County and are not a U.S. citizen, Immigration and Customs Enforcement (ICE) may:
- Place you in immigration detention.
- Issue a Notice to Appear (NTA) in immigration court.
- Initiate deportation proceedings.
For undocumented immigrants, any felony conviction can make deportation almost certain, even if the crime does not fall under the aggravated felony or CIMT categories. As it stands, illegal immigration is a civil matter that still warrants deportation in most instances.
Tulsa County Criminal Defense Attorneys
A felony conviction in Tulsa County can have severe immigration consequences, including being deported, detention, and loss of legal status. Depending on where you are at in the immigration process, a felony can not only damage your current standing, but make you ineligible for future immigration endeavors. This makes needing a competent immigration lawyer a key need if you are facing charges.
If you or a loved one is facing felony charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.