A Legal Permanent Resident (LPR), also known as a green card holder, can be subject to removal (deportation) from the United States under several grounds outlined in the Immigration and Nationality Act (INA). The main categories include:
1. Criminal Grounds
LPRs can be removed for committing certain types of crimes, including:
- Aggravated felonies (e.g., murder, rape, drug trafficking, certain theft or fraud crimes with a sentence of at least 1 year)
- Crimes involving moral turpitude (CIMT) (e.g., fraud, assault with intent to cause harm, theft)
- Drug offenses (except for a single offense involving possession of 30 grams or less of marijuana)
- Firearms offenses
- Domestic violence, stalking, child abuse, or violation of a protective order
- Multiple criminal convictions (2 or more offenses with total prison time of 5 years or more)
2. Immigration Violations
- Fraud or misrepresentation in obtaining immigration benefits (e.g., lying on a green card application)
- Smuggling other individuals into the U.S.
- Failure to advise USCIS of a change of address within 10 days (though rarely enforced alone)
3. National Security and Terrorist Activities
- Engaging in or supporting terrorism
- Threatening national security
- Affiliation with certain organizations deemed dangerous or hostile
4. Public Charge or Inadmissibility at Time of Entry
- If an LPR was found to be inadmissible at the time of entry or adjustment of status, they can be removed (e.g., lying about criminal history)
- Becoming a public charge within 5 years of entry if it was due to a condition existing before entry
5. Failure to Register or Falsifying Documents
- Failure to register with immigration authorities
- Forgery or use of fraudulent documents
6. Marriage Fraud
- Obtaining LPR status through a sham marriage
Let us analyze in detail some of the above grounds.
AGGRAVATED FELONY:
The term “Aggravated Felony” in U.S. immigration law is very specific, and sometimes counterintuitive, because it doesn’t always match how we typically define a felony under state or federal criminal law. In immigration, it’s a legal term of art, and having a conviction classified as an aggravated felony can have severe consequences for Legal Permanent Residents (LPRs), including:
- Mandatory removal (no discretion by the judge)
- Ineligibility for most forms of relief (like Cancellation of Removal, asylum, etc.)
- Permanent bar from returning to the U.S. in some cases
🔹Under INA § 101(a)(43), “aggravated felony” includes a broad list of offenses. Some may seem “minor” under criminal law but are still considered aggravated felonies for immigration purposes.
Common Categories of Aggravated Felonies and sentence requirements (Selected from INA § 101(a)(43))
| INA Code | Category | Example | Minimum Sentence Required? |
|---|---|---|---|
| (A) | Murder, rape, sexual abuse of a minor | Rape, child molestation | ❌ No minimum sentence required |
| (B) | Drug trafficking | Selling controlled substances | ❌ No minimum required |
| (C) | Firearms trafficking | Selling or illegally possessing firearms | ❌ No minimum required |
| (D) | Money laundering or tax evasion over $10,000 | Laundering drug money | ❌ No minimum required |
| (F) | Crime of violence | Armed robbery, assault with weapon | ✅ 1 year or more (including suspended) |
| (G) | Theft or burglary | Shoplifting, breaking into a home | ✅ 1 year or more (including suspended) |
| (M)(i) | Fraud or deceit with loss > $10,000 | Immigration fraud, tax fraud | ❌ No minimum sentence required |
| (N) | Alien smuggling | Smuggling relatives across border | ❌ No minimum (with some exceptions) |
| (R) | Forgery, counterfeiting, document fraud | Fake ID, fake green card | ✅ 1 year or more (including suspended) |
| (S) | Obstruction, perjury, bribery | Lying in court, bribing official | ✅ 1 year or more (including suspended) |
| (U) | Attempt or conspiracy to commit any above | Attempted visa fraud | Follows sentence rule of the underlying offense |
Here are major categories of aggravated felonies based on type of crimes:
1. Crimes of Violence
- If the sentence is at least 1 year
- Includes assault with intent to commit serious harm, domestic violence with injury, etc.
2. Theft and Burglary
- Conviction for theft, burglary, or possession of stolen property
- If the sentence is 1 year or more, even if suspended
3. Drug Trafficking Offenses
- Includes sale, distribution, or possession with intent to distribute a controlled substance
- Even state offenses count if they match federal definitions
4. Firearms Offenses
- Illegal possession, sale, or trafficking of firearms
5. Fraud or Tax Evasion
- Fraud or deceit crimes where the loss to the victim(s) exceeds $10,000
- Includes tax evasion, credit card fraud, etc.
6. Sexual Abuse of a Minor
- Broadly defined — includes statutory rape, indecent exposure in some contexts
7. Murder, Rape, Sexual Assault
- These are automatically considered aggravated felonies
8. Money Laundering
- If the amount is over $10,000
9. Obstruction of Justice, Bribery, Perjury
- If the term of imprisonment is at least 1 year
⚠️ Key Notes:
Plea deals matter — LPRs should always consult an immigration attorney before pleading to any charge.
Even if a crime is called a “misdemeanor” under state law, it can be an aggravated felony under immigration law.
Suspended sentences still count toward the 1-year threshold.
CRIMES INVOLVING MORAL TURPITUDE:
Crimes Involving Moral Turpitude (CIMT) are another key category in immigration law that can lead to removal, inadmissibility, or denial of naturalization for a Legal Permanent Resident (LPR).
Unlike “aggravated felonies,” CIMTs are not precisely defined in the statute, which means a lot depends on case law and how courts interpret the specific crime.
🔹 What Is a Crime Involving Moral Turpitude (CIMT)?
In general, a CIMT is defined as a crime that:
“Shocks the public conscience” or involves conduct that is inherently base, vile, or depraved, and contrary to accepted moral standards.
It often involves fraud, intent to harm, theft, or evil motive.
LPRs are removable if:
- They are convicted of one CIMT within 5 years of admission and the offense is punishable by 1 year or more, or
- They have two CIMTs not arising from a single scheme
When immigration law says a person is removable for committing “one CIMT within 5 years of admission” (INA § 237(a)(2)(A)(i)), the key word is “admission”, and its definition has been the subject of litigation and evolving interpretation.
🔹 The General Rule
Under INA § 237(a)(2)(A)(i):
“Any alien who is convicted of a crime involving moral turpitude committed within five years (or 10 years in some cases) after the date of admission, and is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.”
Now — what counts as “admission”?
🔸 In Most Cases:
The “admission” means the entry or adjustment when the person was granted LPR status.
So if someone:
- Entered the U.S. on a nonimmigrant visa in 2010
- Adjusted status to LPR in 2015
- Committed a CIMT in 2018
➡️ That’s within 5 years of their LPR admission → they are deportable if the offense is punishable by a year or more.
🔹 What About Subsequent Reentries After Becoming a LPR?
Courts have wrestled with this. The prevailing interpretation in most circuits is:
The “date of admission” for this deportability ground generally refers to the first admission as an LPR, not later entries on a green card.
But there are exceptions and variations by jurisdiction.
For example:
- If a LPR leaves the U.S. for a long time and reenters under circumstances where they are considered making a new “admission” (e.g., after a long absence, criminal conduct abroad, or other disqualifying conduct under INA § 101(a)(13)(C)), then that reentry can reset the 5-year clock.
🔸 Example:
- LPR admitted in 2010
- Leaves for 2 years, reenters in 2017 after criminal activity abroad
- Commits a CIMT in 2019
➡️ DHS might argue the 2017 reentry was a new admission under INA § 101(a)(13)(C), and the CIMT was within 5 years of that — making the person deportable.
🔹 Common Examples of CIMTs
✅ Likely to Be CIMTs
- Fraud crimes (e.g., welfare fraud, identity theft, tax fraud, Immigration fraud)
- Theft (shoplifting, grand larceny, embezzlement)
- Assault with intent to harm
- Domestic violence
- Prostitution offenses
- Animal cruelty
- Forgery
- Drug possession with intent to distribute (note: simple possession usually isn’t a CIMT, but can be deportable for other reasons)
🚫 Not Usually Considered CIMTs
- Simple DUI (without aggravating factors like injury or driving without a license)
- Simple possession of drugs
- Disorderly conduct
- Driving without a license
- Trespassing
🔹 Immigration Consequences of CIMTs
- Deportability
LPRs can be removed if:
- They are convicted of one CIMT within 5 years of admission, and the offense has a potential sentence of 1 year or more, OR
- They are convicted of two CIMTs at any time, not arising from the same incident.
- Inadmissibility
- Even a single CIMT can make someone inadmissible if they leave and try to return to the U.S.
- Applies to LPRs returning from travel abroad.
- Bars to Relief
- May disqualify a person from relief like:
- Cancellation of Removal
- Adjustment of Status
- Naturalization
⚖️ Key Point: CIMTs Are Interpreted by Courts
Whether a crime counts as a CIMT often depends on:
- State law vs. federal immigration standards
- The specific elements of the offense
- Whether the offense includes intent to deceive, defraud, or harm
MULTIPLE CIMT CONVICTIONS:
There is also another rule based on on two or more CIMTs conviction:
The Rule: Two CIMTs = Removable
Under INA § 237(a)(2)(A)(ii):
“Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme, regardless of whether confined, and regardless of whether the convictions were in a single trial, is deportable if the aggregate sentences to confinement were 5 years or more.”
This ground does not require the convictions to occur within any specific time period (unlike the “one CIMT within 5 years” rule), but it does require:
- Two convictions
- Both are CIMTs
- They are separate criminal acts
- It doesn’t matter whether jail time was imposed or not
🔍 What “Two CIMTs” Means in Practice:
| Element | Requirement |
|---|---|
| Number of convictions | 2 or more |
| Type of crime | Each must be a CIMT |
| Timing | Any time after admission to the U.S. |
| Connection | Crimes must not arise from the same incident or scheme |
🔸 Examples:
✅ Removable for Two CIMTs:
- Theft conviction in 2016 (shoplifting)
- Fraud conviction in 2020 (tax fraud) ➡️ Two CIMTs, separate incidents → Removable
❌ Not Removable:
- Two charges from the same event (e.g., assault and theft in one incident) ➡️ Likely considered a single scheme
- One CIMT and one non-CIMT (e.g., theft + simple DUI) ➡️ Doesn’t meet the “two CIMTs” requirement
🔹 Legal Defenses:
- Argue the crimes arose from a single scheme (if connected)
- Argue that one or both convictions do not actually qualify as CIMTs
- Seek post-conviction relief (vacate one conviction)
- Pursue relief from removal (like LPR Cancellation) if eligible
🔹 So What Counts Toward the 5-Year Threshold?
- “Sentences to confinement” means the actual sentences imposed by the court, including suspended sentences.
- It includes:
- Jail or prison time ordered at sentencing
- Concurrent or consecutive sentences — both count toward the total
- It does not include:
- The potential maximum a judge could have imposed
- Time served pre-trial unless credited toward the sentence
- Probation or fines (unless tied to a suspended jail sentence)
🔹 Examples
✅ Deportable:
- Convicted of two theft crimes (CIMTs)
- One sentence: 3 years (even if suspended)
- Second sentence: 2 years
- Total = 5 years ➝ Deportable
❌ Not Deportable:
- Same convictions, but both resulted in:
- 1-year suspended sentences
- Total = 2 years ➝ Not deportable under this ground (may still be under CIMT ground individually)
🔹 Note:
This ground requires two CIMT convictions, not from the same scheme. So:
- Two crimes committed on the same day in the same act = one scheme → does not count
- Two crimes committed at different times or places = two schemes → counts
🔹
| Factor | Applies? |
|---|---|
| Actual sentence imposed | ✅ Yes (counts toward 5 years) |
| Suspended sentence | ✅ Yes (counts toward 5 years) |
| Maximum possible sentence | ❌ No |
| Pretrial detention | ❌ No (unless credited at sentencing) |
| Two crimes in one scheme | ❌ No |
| Two crimes, separate acts | ✅ Yes |
What Counts as a “Single Scheme”?
U.S. immigration courts and federal courts have developed case law to interpret this. In general:
✅ Single scheme =
All crimes were committed simultaneously or as part of a single, unified plan or act — even if multiple offenses or victims are involved.
❌ Separate schemes =
Crimes were committed at different times, in different places, or resulted from distinct decisions or intentional acts, even if they were prosecuted in a single indictment or criminal case.
🔹 DOJ Filing Multiple Counts — What Does It Mean?
When the DOJ files a criminal complaint with multiple counts, here’s how it’s typically analyzed:
| Situation | Same or Different Schemes? |
|---|---|
| Multiple counts from a single incident (e.g., fraud + identity theft done together) | ✅ Likely a single scheme |
| Multiple counts for acts committed on different dates (e.g., submitting fraudulent forms months apart) | ❌ Likely different schemes |
| Repeated acts of fraud or theft against different victims at different times | ❌ Different schemes |
| One plan affecting many people or entities in one transaction | ✅ Often a single scheme |
| Counts related to distinct episodes of misconduct | ❌ Multiple schemes |
🔹 Real Case Examples
✅ Single Scheme
- Matter of Adetiba, 20 I&N Dec. 506 (BIA 1992)
Two fraudulent checks passed on the same day at different banks = single scheme
❌ Multiple Schemes
- Nijhawan v. Holder, 557 U.S. 29 (2009)
Multiple fraudulent invoices submitted over several years = multiple schemes, even though charged together
Just because the DOJ files multiple counts in a single complaint does not automatically mean it’s one scheme.
The analysis focuses on the facts of the conduct, not how it’s charged.
So, if the LPR is facing counts for:
- Submitting visa fraud documents in 2019
- Then again in 2021
- Involving different employees or contracts
Even if charged together, those would likely be considered separate schemes under immigration law.
✅ Summary:
To be removable under the “two CIMTs” rule, the government must show:
- Two separate convictions
- Each is a crime involving moral turpitude
- The crimes did not happen during the same incident or plan
🔸 Key Point:
✅ It refers to the actual sentence imposed — not the maximum possible sentence under the statute.
IMMIGRTION VIOLATIONS / IMMIGRATION FRAUD:
Immigration violations/fraud can fall under different categories like aggravated felonies, forgery/document fraud, offenses relating to false statements, attempt or conspiracy to commit an aggravted felony and CIMT. So you need to analyze these crimes under all these categories. While you are analyzing the crime under CIMT based on 5 years after admission or under aggravated felony limit of $ 10,000 you can sideline or ignore the other categories under which the LPR may be removable like forgery or document fraud which does not have the $ 10,000 threshold. So one need to analyze every charge in great detail so one can accordingly discuss plea deal with the prosecution.
Immigration fraud convictions are considered aggravated felonies, especially if they involve Fraud/Deceit, forgery / document fraud and offenses relating to false statements or obstruction of justice/perjury/bribery and attempt or conspiracy to commit an aggravated felony amongst others. We discuss each category below.
a. Fraud/Deceit + Loss to Victim > $10,000
- Under INA § 101(a)(43)(M)(i)
- This includes convictions under 18 U.S.C. § 1001, § 1546, § 1341, etc.
- DHS often proves the “loss amount” using court records, restitution orders, or sentencing memos
- When it comes to the aggravated felony ground for fraud or deceit causing a loss over $10,000 (under INA § 101(a)(43)(M)(i)), the “victim” can be the government, a private individual, or a corporation — any entity that suffered quantifiable loss as a result of the fraud.
Under INA § 101(a)(43)(M)(i), a crime involving:
“fraud or deceit in which the loss to the victim(s) exceeds $10,000”
is considered an aggravated felony, regardless of the sentence imposed.
👉 So even if the sentence is probation, if the loss is over $10,000, it’s an aggravated felony.
🔹 But What If the Loss is Less than $10,000?
If the fraud does not involve more than $10,000 in loss, then:
- It may not be an aggravated felony under (M)(i)
- BUT it could still be one under another category — such as:
(R) – Forgery or document fraud with a sentence of at least one year
(S) – Obstruction of justice, perjury, or bribery, if sentenced to at least one year
➡️ In these cases, the length of the sentence (including suspended sentences) can make the difference in whether the crime qualifies as an aggravated felony.
If an LPR employer is convicted of fraud related to obtaining work visas (like H-1B, L-1, etc.), the primary victim is usually the U.S. government — specifically:
- USCIS or the Department of Labor, which issued the visa based on false information
- Loss to the government might include:
- Processing resources
- Fraudulently obtained visa benefits
- Underpaid wage requirements
- False prevailing wage certifications
- Sometimes even lost tax revenue
In these cases, the government is the victim, and the $10,000 loss threshold can be met by calculating the total value of fraudulent benefits received or money the government would not have paid or permitted but for the fraud.
Legal Standards for the $10,000 Threshold
To qualify as an aggravated felony under INA § 101(a)(43)(M)(i):
- The conviction must involve fraud or deceit, and
- The loss to the victim(s) must exceed $10,000
This was clarified in:
- Nijhawan v. Holder, 557 U.S. 29 (2009):
The Supreme Court held that immigration courts may look beyond the statutory elements of the crime and examine the actual loss amount in the specific case, such as:- Restitution orders
- Sentencing memos
- Plea agreements
- Judicial findings
⚠️ Bottom Line:
If LPR was convicted of immigration fraud, the key questions are:
- Was the loss to the government (or victims) over $10,000?
- Was the sentence imposed at least 1 year, including suspended time?
- Does the statute of conviction fall under one of the aggravated felony categories?
If yes to either (1) or (2) in the right context, they are likely barred from LPR cancellation.
b. Forgery or Document Fraud
- Under INA § 101(a)(43)(R) if sentenced to 1 year or more
- Offense relating to forgery, counterfeiting and alteration of documents
- Sentence requirement: Must be at least 1 year (including suspended sentence)
🧾 Examples:
- Falsifying visa documents
- Using altered immigration stamps or I-94s
- Counterfeit driver’s license or green card use
c. Offenses Relating to False Statements
- Under INA § 101(a)(43)(S) (perjury, obstruction, false statements in official proceedings)
✅ Aggravated felony = almost no relief available from removal.
Immigration fraud convictions also often qualify as CIMTs because they involve:
- Deceit
- Intent to defraud the government
- Moral blameworthiness
A person can be found removable under the ground of “fraud or willful misrepresentation” if they knowingly make a false statement to obtain immigration benefits, including work visas for other / employees.
🔹 The Legal Basis
Under INA § 237(a)(1)(A) and INA § 212(a)(6)(C)(i):
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has procured) a visa, other documentation, or admission into the U.S., or other benefit under the INA, is inadmissible — and thus removable.
This includes:
- Misrepresenting information on forms or petitions (e.g., labor condition applications, I-129s, I-140s, etc.)
- Falsifying job titles, salaries, or duties
- Claiming a business need that doesn’t exist
- Submitting fake documents or using shell companies
Even if the fraud was intended to benefit someone else (like the company or the employees), the person who made or authorized the false statement can be personally liable.
🔹 Key Elements That Make It a Removable Offense:
- Willful misrepresentation (not accidental)
- Materiality — the false statement must be about something that could influence the decision to grant the benefit
- Intent to procure an immigration benefit — even for someone else
Conviction for violating 18 U.S.C. § 1546(a):
18 U.S.C. § 1546(a) is a federal criminal statute that deals with fraud and misuse of immigration-related documents. It is often used by prosecutors in cases involving visa fraud, green card fraud, or the use of fake immigration documents.
If convicted under this, LPR is removable even when the sentence is for less than one year and not an aggravated felony :
“A conviction for violating 18 U.S.C. § 1546(a) is a separate ground of deportability under 8 U.S.C. § 1227(a)(3)(B)(iii).”
This means that if a non-citizen, including a Legal Permanent Resident (LPR), is convicted of certain document-related immigration fraud crimes, they may be deportable — even if the crime doesn’t qualify as a “CIMT” or “aggravated felony.”
🔹 Let’s Break It Down:
✅ 1. 18 U.S.C. § 1546(a) – What Is It?
This is a federal criminal statute that makes it a crime to:
- Forge, alter, or falsely use immigration documents, such as:
- Visas
- Green cards (I-551)
- Work permits (EADs)
- I-94s
- Any documents used to prove authorization to work in the U.S.
- Includes making false statements or using fraudulent documents in immigration-related applications
➡️ Common in employment-based immigration fraud, visa scams, or fraudulent adjustment of status filings.
✅ 2. 8 U.S.C. § 1227(a)(3)(B)(iii) – The Immigration Consequence
This is the removal provision of the Immigration and Nationality Act (INA § 237(a)(3)(B)(iii)) that says:
An alien is deportable if convicted of violating 18 U.S.C. § 1546 — the federal document fraud statute.
Key points:
- This is a standalone ground of deportability
- It does not require that the offense be a CIMT or aggravated felony
- Even minor violations (e.g., using someone else’s work permit once) can trigger this ground
- Applies even to LPRs and even if the sentence is short or suspended
d. Obstruction of Justice / Perjury / Bribery
- INA § 101(a)(43)(S)
- Includes offenses such as:
- Lying under oath
- Submitting false declarations in immigration proceedings
- Bribing a public official
🧾 Examples:
- Falsely testifying to support a spouse’s immigration case
- Lying in an asylum interview under oath
- Attempting to bribe a USCIS officer
➡️ Sentence of 1 year or more is required.
e. Attempt or Conspiracy to Commit an Aggravated Felony
- INA § 101(a)(43)(U)
- Even if the actual fraud was not completed, attempting or conspiring to commit a qualifying offense (e.g., forgery, visa fraud) can be treated as an aggravated felony.
🧾 Example:
- Conspiring to file multiple fake H-1B petitions, even if no money exchanged hands
Under INA § 101(a)(43)(U), “attempt” or “conspiracy” to commit an aggravated felony is treated as an aggravated felony itself, even if the actual crime wasn’t completed.
And no, a 1-year sentence is not always required, unless the underlying offense requires it.
Legal Text – INA § 101(a)(43)(U):
“An offense described in this paragraph includes an attempt or conspiracy to commit such an offense.”
This means that if the underlying crime — such as fraud, forgery, or obstruction — would be an aggravated felony, then attempting or conspiring to commit that crime is also an aggravated felony, even if no actual loss occurred or no harm was completed.
🔍 Now Let’s Break It Down:
✅ 1. If the Underlying Offense Is an Aggravated Felony Based on Type Alone (no sentence required)
Then attempt or conspiracy to commit it is also an aggravated felony — regardless of sentence.
Example:
- Immigration fraud involving > $10,000 in intended loss (INA § 101(a)(43)(M)(i))
- Even if only attempted, and no actual loss occurred, it can still be an aggravated felony
- Even if the sentence is less than 1 year, or even no jail time, it qualifies
➡️ Because (M)(i) doesn’t require a specific sentence — just the amount of loss — the attempt counts the same way.
✅ 2. If the Underlying Offense Requires a Sentence of 1 Year (e.g., forgery under § 101(a)(43)(R))
Then the attempt or conspiracy is only an aggravated felony if the sentence meets the 1-year requirement.
Example:
- Attempted forgery with a 6-month sentence → ❌ Not an aggravated felony
- Attempted forgery with 1-year sentence (even suspended) → ✅ Aggravated felony
➡️ Because (R) requires a 1-year sentence, the attempt must meet that same condition.
Summary Table
| Underlying Aggravated Felony Type | Does Attempt/Conspiracy Count? | Is 1-Year Sentence Required? |
|---|---|---|
| Fraud > $10K (INA § 101(a)(43)(M)(i)) | ✅ Yes | ❌ No |
| Forgery, Document Fraud (INA § 101(a)(43)(R)) | ✅ Yes | ✅ Yes (1 year or more) |
| Obstruction, Perjury (INA § 101(a)(43)(S)) | ✅ Yes | ✅ Yes (1 year or more) |
| Money laundering > $10K (INA § 101(a)(43)(D)) | ✅ Yes | ❌ No |
Key Takeaway:
Even if the loss is less than $10,000, an LPR can be deportable for an aggravated felony if:
| Category | Key Factor |
|---|---|
| Forgery / Document Fraud | Sentence of 1 year or more |
| Obstruction, Perjury, Bribery | Sentence of 1 year or more |
| Attempt or Conspiracy | Underlying crime is an aggravated felony |
| Other categories (e.g., passport fraud, racketeering) | No specific loss amount needed |
f. Fraud Not Under (M)(i) but Paired With Other Elements
Sometimes a fraud conviction is charged under a non-fraud statute (e.g., identity theft, wire fraud) but has elements that qualify it under:
- (D): Money laundering of more than $10K (not applicable here if under $10K)
- (K): Trafficking in passports or documents
- (P): Racketeering activity
➡️ These may not require a $10K threshold if the statute fits a different aggravated felony category.
🔹
Immigration Consequences Post-Conviction
If the conviction fits any of the above grounds:
- DHS may issue a Notice to Appear (NTA) in immigration court
- Removal proceedings begin before an immigration judge
- If it’s an aggravated felony, the LPR may have no relief, unless:
- They qualify for withholding of removal or Convention Against Torture protection
- Or there was a legal defect in the conviction
when a Legal Permanent Resident (LPR) receives a Notice to Appear (NTA) in immigration court based on grounds like an aggravated felony, a Crime Involving Moral Turpitude (CIMT), or multiple convictions, their options for relief from removal become more limited — but not necessarily impossible.
Let’s go step-by-step to explore:
🔹 Step 1: The NTA and Master Calendar Hearing
Once DHS serves the LPR with a Notice to Appear (NTA), it outlines:
- The charges (statutory grounds of removability),
- The convictions or alleged acts,
- And why DHS believes the LPR should be deported.
The LPR then goes to Immigration Court for a Master Calendar Hearing (MCH), where:
- They can admit or deny the allegations,
- Challenge removability,
- And request any forms of relief they may qualify for.
🔹 Step 2: Determine the Grounds and Possible Relief
Relief depends heavily on which ground of removability applies:
🟥 1. Aggravated Felony
This is the most serious ground, and it severely limits relief options.
❌ Ineligibility:
If convicted of an aggravated felony, the LPR is generally barred from:
- Cancellation of Removal for LPRs
- Asylum
- Voluntary Departure
- Adjustment of status
✅ Possible Relief Options (limited but real):
A. Withholding of Removal (INA § 241(b)(3)):
- Must show a clear probability of persecution in the home country based on:
- Race, religion, nationality, political opinion, or social group
- Available even for aggravated felons (unless convicted of a “particularly serious crime” — a high threshold)
B. Convention Against Torture (CAT):
- Must show it’s more likely than not they will be tortured if removed
- Doesn’t require showing any protected ground (like asylum does)
- Relief is mandatory if eligibility is proven, and available regardless of conviction
C. Direct Challenge to Conviction or Deportability:
- If the LPR can vacate the criminal conviction through a state court or federal appeals court if convicted by federal district court (for legal or constitutional defects), or
- Argue the conviction is not actually an aggravated felony (legal arguments about statute matching, sentencing, etc.)
🟧 2. Crime Involving Moral Turpitude (CIMT)
More flexibility here, depending on timing, number of convictions, and sentence.
✅ Possible Relief:
A. Cancellation of Removal for LPRs (INA § 240A(a)):
Available if:
- LPR for at least 5 years
- Resided in U.S. continuously for 7 years after any admission
- No aggravated felony conviction
➡️ A CIMT does not automatically disqualify unless it’s also an aggravated felony
B. 212(c) Waiver (for pre-1996 convictions):
- Available only to those whose convictions occurred before April 24, 1996
- Allows a waiver of certain criminal grounds, including CIMTs and even some aggravated felonies (with limits)
C. Adjustment of Status (if eligible):
- May be available in rare cases if not barred by the conviction
- May require a 212(h) waiver for CIMT
D. Asylum, Withholding, or CAT (depending on risk in home country):
- Asylum barred if there’s a “particularly serious crime” or aggravated felony
- Withholding and CAT may still be available
🟨 3. Multiple CIMT Convictions (5-year aggregate sentence)
This is a specific removability ground, but the underlying crimes are still analyzed like any other CIMT.
✅ Relief:
- Cancellation of Removal may still be available if the LPR has no aggravated felony
- 212(h) waiver may be available in some cases (if applying for adjustment of status)
- Withholding or CAT if facing harm in home country
- Can also challenge whether the CIMTs truly arose from “separate schemes”
🔹 Step 3: Additional Defenses or Challenges
🔍 A. Challenge the Classification of the Conviction
- Argue the crime doesn’t qualify as:
- An aggravated felony (e.g., using categorical or modified categorical approach)
- A CIMT (lack of evil intent, etc.)
🔍 B. Vacate the Conviction
- If conviction is vacated on legal or constitutional grounds in criminal court, it no longer counts for removal
- Must not be vacated solely for immigration benefit
🔍 C. Due Process Defenses
- Was the LPR not advised of immigration consequences at plea?
- Was the NTA defective (e.g., missing time/place of hearing — per Pereira v. Sessions)?
🔹 Step 4: Immigration Judge’s Decision & Appeals
- If the judge orders removal, the LPR can appeal to the Board of Immigration Appeals (BIA)
- Then to the federal Circuit Court of Appeals
- And potentially to the Supreme Court, though very rare
🔹 Summary Chart
| Ground of Removability | Relief Available? |
|---|---|
| Aggravated Felony | ❌ LPR Cancellation, ❌ Asylum, ✅ Withholding, ✅ CAT |
| CIMT (one or two) | ✅ LPR Cancellation (if no agg felony), ✅ 212(h), ✅ Asylum (maybe), ✅ Withholding, ✅ CAT |
| Multiple Convictions | ✅ Same as CIMT, plus challenge “multiple schemes” |
Apply for Cancellation of Removal for LPRs (INA § 240A(a))
Note that cancellation of removal relief is discretionary and not guaranteed.
Eligibility Criteria:
| Requirement | Met? |
|---|---|
| Lawful permanent resident for 5 years | ✅ |
| Resided continuously in U.S. for 7 years after any admission | ✅ |
| No aggravated felony | ✅ |
| Merits favorable exercise of discretion | To be argued |
🧾 Supporting Evidence:
- Minimum 7 years of residence, family ties, U.S. citizen children
- Tax returns, homeownership records
- Letters of support from community and religious leaders
- Evidence of remorse, rehabilitation
- Court documents showing minimal sentence
- No threat to public safety
📌 Discretionary Factors to Highlight:
- Positive equities: Family, length of stay, contributions to economy, rehabilitation
- Negative factors: One-time offense, no jail, no violence, not repeat behavior
Conclusion
Getting a green card is a big step, but it doesn’t mean you’re safe forever. If you’ve been arrested or charged, talk to an immigration attorney right away. Many people facing removal still have options to stay in the U.S., especially if they’ve built a life here, made mistakes only once, and have strong family or community ties. With the right legal help and preparation, you can fight for your chance to remain with your loved ones.
Disclaimer: This blog should not be treated as legal advice since this area of deportation of defense is very complicated and requires analysis of individual circumstances. This blog just tries to give a general idea on this very complex issue of removal defense. Practitioners or those impacted immigrants looking into removal defense should refer to Immigrant Legal Resource Center (ILRC) for comprehensive information. (https://www.ilrc.org/removal-defense)
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