People convicted of aggravated felonies are permanently ineligible for naturalization and asylum. If you have a criminal record, see an immigration law expert before making any application to the USCIS. Here’s a layperson’s list of what may constitute an aggravated felony:
- Murder
- Rape
- Sexual abuse of a minor
- Drug-trafficking crimes or any illicit trafficking in any controlled substances
- Illicit trafficking in destructive devices
- Many firearms offenses (though a simple possession of an unlicensed firearm by a permanent resident is often not an aggravated felony)
- Any offense related to laundering of monetary instruments if the amount exceeds $10,000
- Most offenses involving explosives or arson
- Offenses relating to the receipt, manufacture, or possession of firearms without proper licenses or taxes
- Most crimes of violence (not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least one year
- A theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least one year
- Ransom offenses, including using interstate communications to demand ransom or threaten kidnapping; using mail to make threatening communications; making threatening communications from foreign countries; and receiving, possessing, or disposing of ransom money or property
- Child pornography offenses, including employing, using, or coercing minors to engage in pornography; selling or transferring custody of a child with knowledge that the child will be used for pornography; receiving or distributing child pornography
- RICO (Racketeer-Influenced and Corrupt Organizations) Act offenses for which a sentence of one year’s imprisonment or more may be imposed
- Offenses relating to owning, controlling, managing, or supervising a prostitution business
- Offenses relating to involuntary servitude
- Offenses relating to spying and national security
- Treason and concealing and failing to disclose treason
- Fraud or deceit crimes in which the loss to the victim exceeds $10,000
- Income tax evasion in which the loss to the government exceeds $10,000
- Alien smuggling for commercial gain where the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least one year (exception: only one offense where the person smuggled was the applicant’s spouse, parent, or child)
- Document fraud under which the person’s actions constitute trafficking in the documents and the sentence imposed (even if suspended) is at least one year (except where the applicant committed the offense to assist his or her spouse, parent, or child)
- An offense for failing to appear for sentencing where a defendant has been convicted of a crime with a possible sentence of 15 years or more
- Offenses involving obstruction of justice, perjury, or subornation or helping another person commit perjury or bribery of a witness, for which a sentence of at least one year may be imposed
- Offenses relating to commercial bribery, forgery, counterfeiting, or trafficking in vehicles, for which a sentence of at least one year may be imposed
- Offenses committed by an alien ordered previously deported
- Offenses relating to the failure to appear in court for a criminal offense for which a sentence of two or more years may be imposed
- Any attempt or conspiracy to commit any of the above acts, committed within the United States
- Any attempt or conspiracy to commit any of these acts violating a law in a foreign country where the term of imprisonment was completed within the previous 15 years
