Facing a criminal charge is stressful for anyone. For noncitizens, however, the stakes are even higher. A conviction could mean removal from the United States and the loss of the life you’ve built here. While many people assume deportation only follows serious crimes, immigration law includes a wide range of offenses that may make someone removable.

If you or a loved one is not a U.S. citizen, it is critical to have a solid grasp on which criminal offenses are deportable in Kentucky. In this blog post, we’ll explain how federal immigration law works and which crimes most often lead to deportation.

What Does Federal Law Have To Say?

Deportation is governed by the Immigration and Nationality Act (INA), a federal law that applies nationwide. Kentucky state courts do not decide whether a conviction makes you deportable. Instead, that determination comes later in immigration proceedings, based on how the conviction is classified under federal law.

This means that regardless of whether an offense seems minor under Kentucky law, it may still be treated as deportable under the INA. Here are a few categories of crimes that may be deportable:

Crimes Involving Moral Turpitude (CIMTs)

One large category of deportable offenses is called crimes involving moral turpitude (CIMTs). These are crimes that involve dishonesty, fraud, or behavior society considers especially harmful.

Examples include, but are not limited to, the following:

A single CIMT does not always make someone deportable; it depends on the facts and circumstances involved in the case, such as whether the accused has a prior criminal record. 

Aggravated Felonies

Another major category is aggravated felonies. Despite the name, not all aggravated felonies are felonies under Kentucky law. Some are misdemeanors, yet immigration law still treats them as among the most serious offenses.

Examples include:

A conviction for an aggravated felony almost always leads to deportation, with very few defenses available. That said, it is crucial to remember that you are presumed innocent until proven guilty. An attorney can help you fight back against the prosecution and put forth your best possible defense(s).

Timing and Multiple Convictions

The timing and number of convictions can also affect deportability. For example, a single crime involving moral turpitude may not always lead to removal. However, if it occurs within five years of entering the United States, or if a person has multiple CIMT convictions at any time, deportation may occur.

This is why it’s important to look at the entire criminal record in question, not just one charge in isolation. Immigration judges consider the bigger picture when deciding whether someone is removable, so you need to be prepared to respond effectively.

Schedule a Free Consultation With a Louisville Criminal Defense Lawyer at Suhre & Associates, DUI and Criminal Defense Lawyers

Not every criminal conviction in Kentucky will result in deportation, but many do. Immigration law in this country is complex, and, at the end of the day, small details in your case could make the difference between staying in the U.S. or being removed.

If you are not a U.S. citizen and are facing criminal charges in Kentucky, it is critical to understand how those charges could affect your immigration status. 

Contact an experienced Louisville criminal defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers today for a free consultation

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.

Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A,
Louisville, KY 40202

(502) 371-7000