The Impact of Criminal Convictions on Deportation Defense Strategies

What Can Happen When a Non-Citizen Receives a Criminal Conviction?

For a non-citizen in the United States, certain criminal convictions considerably increase the likelihood of deportation. However, if you’ve received a criminal conviction or you are convicted in the future, a Tampa immigration attorney can fight aggressively to prevent your removal.

The government considers the following factors when it determines if a criminal conviction will lead to a deportation proceeding:

1. the type of crime the individual committed
2. the severity of the sentence the individual received
3. the individual’s immigration status

A conviction for an aggravated felony makes removal almost inevitable. Convictions for drug crimes and crimes of moral turpitude also make a non-citizen’s removal likely. A Tampa deportation defense lawyer can give you personalized legal advice regarding your situation.

What Are the Current Deportation Statistics?

As of 2025, the United States government is actively and aggressively locating and deporting immigrants who have already received criminal convictions.

In the first three months of 2025, for example, immigration judges ordered more than 68,000 deportations, and more than 78,000 immigrants were placed in removal proceedings.

If you have received a criminal conviction in the United States or believe you are subject to removal for any reason, you need the advice of an immigration lawyer immediately. The government may already be seeking to locate you and place you in a deportation proceeding.

Are You Targeted for Deportation?

Whenever a court convicts a non-citizen in the U.S. of a serious crime, immigration authorities may initiate a deportation proceeding. However, a deportation proceeding usually begins when someone receives a Form I-862, a Notice to Appear before an immigration judge.

If you receive a Form I-862, contact an immigration lawyer at once. You must appear at a procedural hearing, where the judge explains the law and the deportation process.

The court then schedules an evidentiary hearing where it considers the evidence presented by the government and by your immigration attorney.

What Crimes Are Aggravated Felonies?

Under U.S. immigration laws, “aggravated felonies” include but aren’t limited to:

1. murder
2. rape
3. child pornography
4. drug trafficking
5. fraud crimes involving a substantial sum of money
6. theft crimes penalized with lengthy sentences

Non-citizens convicted of aggravated felonies are at risk for automatic removal. Even if you’ve held a green card for years, a conviction for an aggravated felony can trigger a deportation proceeding.

What Crimes Are Crimes of Moral Turpitude?

Crimes of moral turpitude involve intrinsically immoral conduct. Specific charges may include fraud, theft, domestic violence, assault, and aggravated assault. A conviction for a crime of moral turpitude may trigger a removal proceeding or make you inadmissible to the U.S.

Convictions for drug crimes are a common reason for removal. Even a minor drug offense can trigger a deportation. Offenses involving large quantities or distribution may prompt automatic deportations, but less serious drug convictions may allow for waivers or other defense strategies.

And if your conviction happened years ago or if there are mitigating factors, you may be able to fight a deportation successfully. The legal help you need is available and easy to find. Wherever you are in the United States, a Tampa immigration attorney can help you fight a deportation.

How Does Your Immigration Status Affect a Removal Proceeding?

Your immigration status in the United States is a principal factor in determining whether a criminal conviction will lead to your removal. For example:

1. If a lawful permanent resident (a green card holder) is convicted of an aggravated felony or crime of moral turpitude, that person may be subject to removal. However, he or she may request cancellation of removal or a waiver of inadmissibility.
2. Non-citizens without a legal status (undocumented immigrants) are particularly vulnerable to removal upon receiving a criminal conviction. However, many undocumented persons qualify for asylum, cancellation of removal, or other relief.

A Tampa Immigration Lawyer Who Serves Clients Nationwide Can Help You

If you are subject to removal because you’ve received a conviction for an aggravated felony or crime of moral turpitude, a Tampa deportation defense lawyer may use one of the following strategies or defenses in the effort to prevent your removal from the United States:

1. Asylum or withholding of removal: If your removal would cause you to become a target of violence or persecution in your home country, you may qualify for asylum status or withholding of removal.
2. Cancellation of removal: If you’re a green card holder or related to a United States citizen or green card holder, you may request a cancellation of removal.
3. Waivers of inadmissibility: Certain criminal convictions qualify you for a waiver of inadmissibility, allowing you to remain in the United States even with a criminal conviction.
4. Post-conviction relief: In some cases, it may be possible to challenge your criminal conviction directly and have it overturned by filing an appeal or requesting a reduction of charges or a new trial.

When Should You Contact an Immigration Lawyer?

From wherever you are in the U.S., a Tampa immigration lawyer can discuss your options with you, explain your rights, and represent you in a deportation proceeding or, in many cases, help you obtain the waiver or immigration status you need to remain in the United States.

Your attorney will provide honest legal advice and recommend the best way for you to proceed. U.S. immigration laws are now being aggressively enforced, so if you have a criminal conviction or you’re undocumented, contact an attorney now for the advice and assistance you may need.

Buitrago Law Firm Serves Clients Nationwide and Worldwide

If you find U.S. immigration laws confusing, you are not alone. If you have a criminal conviction in the United States or if you’re undocumented, the services and advice that an experienced Florida immigration lawyer can offer you are invaluable.

Buitrago Law Firm will help you show the immigration authorities why you should not be removed from the United States. Award-winning immigration attorney Ernesto J. Buitrago will use every necessary legal tool and pursue every available legal option on your behalf.

We will help you fight deportation. We also help clients obtain work visas, green cards, and immigration waivers. Contact Buitrago Law Firm from anywhere to schedule a free first legal consultation with our immigration team by calling 866-519-3545.