Grounds for Deportability
A lawful permanent resident (LPR) can be deported for an Aggravated Felony Conviction. Besides being deported, the LPR will be ineligible for most waivers of removal and voluntary departure. The LPR may be subject to permanent inadmissibility after removal. If he or she enters the US illegally after the removal, he or she can be sent to 20 years in prison.
An LPR can be deported if convicted of the following crimes even it not a felony:
- Sexual Abuse of a Minor
- Drug Trafficking (may include, whether felony or misdemeanor, any sale or intent to sell offense, second or subsequent possession offense, or possession of more than 5 grams of crack or any amount of flunitrazepam)
- Firearm Trafficking
- Crime of Violence + 1-year sentence
- Theft or Burglary + 1-year sentence
- Fraud or tax evasion + loss to victim(s) > $10,000
- Prostitution business offenses
- Commercial bribery, counterfeiting, or forgery + 1-year sentence
- Obstruction of justice or perjury + 1-year sentence
- Certain bail-jumping offenses
- Various federal offenses and possibly state analogues (money laundering, various federal firearms offenses, alien smuggling, failure to register as sex offender, etc.)
- Attempt or conspiracy to commit any of the above
Controlled Substance Conviction EXCEPT for a single offense of simple possession of 30g or less of marijuana can also result in deportation. If you are a service member facing one of the above offenses or other serious court martial charges, it may be appropriate to discuss your case with an experienced court martial defense lawyer as soon as possible.