Facing deportation after a criminal conviction can be overwhelming, but there are legal pathways that may help you remain in the United States. Even with a felony on your record, you may still have options to avoid removal from the country.
Through strategic legal representation and understanding both criminal and immigration law, you can fight to maintain your status in the U.S.
Non-citizens with felony convictions may avoid deportation through:
- Cancellation of removal
- Post-conviction relief (vacating or modifying pleas)
- 212(h) waiver applications
- Adjustment of status
- Asylum or CAT protection
A felony conviction can lead to deportation proceedings, separating you from your family and the life you’ve built in the United States. Without proper legal advice from someone who understands the intersection of criminal and immigration systems, you risk permanent banishment from the country.
At Yolanda Mendoza Law, our Miami deportation defense attorney will evaluate your case and build a strategic defense to help you fight removal, even with a felony conviction.
Our skilled deportation defense attorney in Miami will work tirelessly to protect your right to remain in the United States.
Can you be deported for a felony?
⚖️ Yes, certain felony convictions can trigger deportation for non-citizens, including lawful permanent residents (green card holders). However, not every felony will automatically result in deportation. Immigration law categorizes some crimes as “aggravated felonies” under INA §101(a)(43), which carry the most severe immigration consequences.
Legal options to avoid deportation after a felony
Even when facing criminal charges that could aggravate your immigration status, several legal pathways may help you avoid deportation. We understand both criminal and immigration law, and will guide you through these options.
1. Cancellation of removal
Cancellation of removal is a form of relief available to both lawful permanent residents and certain non-permanent residents. For green card holders, you must have:
- Held lawful permanent resident status for at least 5 years
- Continuously resided in the U.S. for 7 years after lawful admission
- No conviction for an aggravated felony
If granted, cancellation allows you to keep your green card and remain in the country despite your conviction.
2. Post-conviction relief (vacating or modifying plea)
If your criminal defense attorney failed to inform you about the immigration consequences of your plea, you might be able to vacate your conviction based on the Supreme Court’s decision in Padilla v. Kentucky.
This legal approach involves returning to criminal court to:
- Challenge the validity of your guilty plea
- Argue that your plea was not knowing or voluntary
- Seek a modified sentence that won’t trigger deportation
Successfully vacating a conviction can remove the legal basis for deportation proceedings.
3. 212(h) waiver
A 212(h) waiver may forgive certain crimes of moral turpitude or controlled substance violations involving marijuana for personal use of 30 grams or less. To qualify, you must demonstrate:
- The crime happened more than 15 years ago, or
- You have a U.S. citizen or permanent resident spouse, parent, or child who would suffer extreme hardship if you were deported
This waiver is not available for aggravated felonies if you are a permanent resident.
4. Adjustment of status
In some cases, you may be eligible to apply for adjustment of status with a concurrent waiver application. This approach works if:
- You have a qualifying family relationship
- Your offense doesn’t bar you from adjustment
- You can demonstrate rehabilitation
Successful adjustment can provide a path to lawful permanent residence despite certain criminal convictions.
5. Asylum or CAT protection
If returning to your home country would put you at risk of persecution or torture, you may qualify for:
- Asylum (if the persecution is based on protected grounds)
- Protection under the Convention Against Torture (CAT)
These protections can block deportation even with serious criminal convictions, though aggravated felonies may limit asylum eligibility.
| Relief Option | Who Qualifies | When to File | Pros/Cons |
|---|---|---|---|
| Cancellation of Removal | LPRs: 5+ years as LPR, 7+ years continuous residence, no aggravated felony | In immigration court after removal proceedings begin | Pro: Keeps green card intact Con: One-time benefit only |
| Post-Conviction Relief | Those whose attorneys failed to advise about immigration consequences | Varies by state; ideally before removal proceedings | Pro: Eliminates deportation grounds entirely Con: Difficult to win in many jurisdictions |
| 212(h) Waiver | Those with qualifying relatives and certain offenses | With adjustment application or at consular processing | Pro: Can forgive certain crimes Con: Not available for aggravated felonies for LPRs |
| Adjustment of Status | Those with qualifying relatives and eligible offenses | Before or during removal proceedings | Pro: New path to permanent residence Con: Limited availability for those in proceedings |
| Asylum/CAT | Those facing persecution or torture in home country | Within 1 year of entry or changed circumstances | Pro: Protection despite criminal record Con: High burden of proof; bars for serious crimes |
How our lawyers help you avoid removal with a felony
At Yolanda Mendoza Law, we dedicate ourselves to protecting immigrants facing deportation due to criminal convictions. Our approach involves:
- Reviewing your criminal history to determine if your conviction qualifies as a deportable offense under immigration law.
- Coordinating with criminal defense counsel to pursue post-conviction relief when your prior representation was constitutionally deficient.
- Filing strategic applications for waivers, cancellation of removal, or humanitarian protections like asylum.
- Representing you at all EOIR (Executive Office for Immigration Review) hearings with thorough preparation.
- Preparing reentry waivers if you’ve already been removed but may have grounds to return legally.
🧑⚖️ Consider Javier’s case: A lawful permanent resident for over 20 years, when he was placed in deportation proceedings for a drug possession conviction. Despite immigration enforcement pushing for his removal on criminal grounds, his lawyer argued for cancellation of removal by demonstrating his deep ties to the U.S., rehabilitation, and the extreme hardship his U.S. citizen children would face if he were deported.
Additional reading: can a lawyer stop deportation
What types of crimes make you deportable?
Not all criminal convictions will lead to deportation, but certain categories of crimes carry particularly high risk for non-citizens:
- Drug trafficking offenses are automatically considered aggravated felonies regardless of the sentence.
- Firearm offenses, including unlawful possession or sale of weapons.
- Aggravated felonies, a specific immigration category that includes murder, rape, sexual abuse of minors, and certain theft or burglary offenses.
- Crimes of moral turpitude committed within five years of admission and carrying a possible sentence of one year or more.
- Domestic violence convictions, stalking, child abuse, or violation of protective orders.
- Fraud or theft crimes, especially those with a loss to the victim exceeding $10,000.
Even expunged charges or charges with deferred adjudication may still count as convictions for immigration purposes, unlike in the criminal justice system.
Can I fight deportation if I’ve already been convicted?
📂 Yes, you can still fight deportation even if you’ve already been convicted of a crime. Our attorney will file motions to vacate your conviction, challenge whether it meets the legal definition of a deportable offense, or apply for various forms of relief through immigration court.
Many criminal convictions have specific technical requirements to trigger deportation. Our knowledgeable immigration attorney will identify if your particular offense actually meets these requirements under current case law.
In some cases, we can argue that the government cannot meet its burden of proof regarding the nature of your conviction, potentially preventing deportation even without overturning the underlying criminal case.
Khalil’s story proves that even those removed due to criminal charges can come back, with the right help.
What if I already took a plea deal?
Many immigrants accept plea deals without understanding the severe immigration consequences these agreements can trigger. If you weren’t properly advised about how your plea would affect your immigration status, there may be legal grounds to reopen your case or withdraw the plea.
The Supreme Court’s landmark decision in Padilla v. Kentucky established that criminal defense attorneys must advise their non-citizen clients about the potential immigration consequences of a guilty plea. If your attorney failed to provide this advice or gave incorrect information, you may have grounds to vacate your conviction through post-conviction relief.
This approach can be particularly effective when the criminal charge could have been resolved through an alternative disposition that wouldn’t have triggered deportation, had your attorney been knowledgeable about immigration law.
Additional reading: can a naturalized citizen be deported
Tips to protect yourself if you have a felony record
📌 If you are a non-citizen with a felony conviction, these practical steps can help protect your immigration status:
- Don’t travel abroad without consulting an immigration attorney, as reentry could trigger new scrutiny.
- Avoid any contact with law enforcement that could result in additional charges.
- Keep copies of all your criminal and immigration documents in a safe, accessible location.
- Consult our lawyer before applying for any immigration benefits or renewals.
- Gather proof of rehabilitation, community ties, and family connections in the U.S.
- Understand the specific grounds of deportability that might apply to your situation
| Tip | Why It Matters | Risk It Prevents |
|---|---|---|
| Avoid international travel | Reentry after travel triggers new admissibility review | Prevents being denied readmission at the border |
| Maintain clean record | Additional offenses compound deportation risk | Avoids triggering new removal grounds |
| Document gathering | Provides immediate access to critical case details | Prevents delays in emergency legal responses |
| Legal consultation before immigration applications | Identifies hidden risks in seemingly routine processes | Prevents accidentally alerting authorities to deportable offenses |
| Rehabilitation evidence | Builds case for discretionary relief | Strengthens waiver applications and discretionary requests |
Can a felony ever be forgiven in immigration court?
Yes—certain felony convictions can be effectively “forgiven” through waivers, pardons, or cancellation of removal, depending on factors such as the type of conviction, time since the offense, family ties to U.S. citizens or permanent residents, and the hardship your removal would cause.
Immigration judges have authority under INA § 212(h) and other provisions to grant relief in deserving cases, particularly when the immigrant demonstrates rehabilitation and strong community connections.
Yolanda Mendoza Law helps protect immigrants with felonies
💡 At our law offices, we understand the worry and uncertainty that come with facing criminal charges as an immigrant. Our approach combines expertise in both immigration and criminal law to develop comprehensive defense strategies.
Our firm:
- Works simultaneously with immigration and criminal courts to ensure consistent defense
- Builds customized defense strategies based on your specific circumstances and goals
- Fights vigorously against unjust removals, especially for long-time residents
- Protects your right to due process and your right to remain with family in the U.S.
Attorney Yolanda Mendoza brings personal understanding to immigrant cases. Born in the Dominican Republic and raised in Harlem, New York City, she has navigated the immigration process herself and is deeply committed to helping others maintain their status in the U.S.
Contact Yolanda Mendoza Law at (305) 419-3334 today for a consultation to discuss your immigration case and work toward the best possible outcome.
FAQs
Do all felons get deported?
No, not all felons get deported. While many felony convictions can trigger removal proceedings, deportation isn’t automatic. Various factors, including the specific crime, immigration status, length of residence, and available relief options, all affect the outcome. Many non-citizens with felonies successfully remain in the U.S. through proper legal representation.
Can an immigrant with a felony become a U.S. citizen?
It depends on the specific felony and individual circumstances. Certain convictions permanently bar naturalization, while others create a conditional bar requiring a waiting period to demonstrate “good moral character.” Minor offenses may not prevent citizenship if you can show rehabilitation and meet other naturalization requirements.
Can you lose your green card if you have a felony?
Yes, lawful permanent residents can lose their green card status if convicted of certain felonies, particularly those classified as aggravated felonies or crimes of moral turpitude committed within five years of admission. However, many permanent residents successfully defend against removal despite serious criminal convictions through various forms of relief.
Can I come back to the US after being deported for a felony?
Possibly, though it’s challenging. Those deported for criminal offenses typically face bars to reentry ranging from 5 years to permanent ineligibility. However, waivers may be available in cases involving family hardship, changed circumstances, or where the underlying conviction has been vacated or modified after deportation.