KNOW THE LAW, PROTECT YOUR FUTURE: GREEN CARD HOLDERS AND AGGRAVATED FELONIES

 By Atty. Arnedo S. Valera

For many immigrants, holding a green card is a hard-earned privilege — a ticket to a better life, a safer home, and a future built on hope and sacrifice. However, few realize that this privilege is not ironclad. It can be lost in a heartbeat if one is convicted of what U.S. immigration law calls an "aggravated felony."

The term "aggravated felony" may sound straightforward, but in reality, it is broad, technical, and often misunderstood. It includes crimes that, under state law, may not even be considered aggravated or felonious. But once classified as such under federal immigration law, the consequences are swift and unforgiving: mandatory deportation, permanent inadmissibility, and loss of eligibility for most forms of immigration relief.

What is an Aggravated Felony?

Under Section 101(a)(43) of the Immigration and Nationality Act (INA), an aggravated felony includes a wide range of criminal offenses. If convicted of any of these offenses at any time after being admitted as a lawful permanent resident (LPR), you can be removed from the United States and barred from returning.

Here are some of the most common offenses classified as aggravated felonies:

• Murder, Rape, or Sexual Abuse of a Minor
  • Estrada-Rodriguez v. Garland (2022) affirmed that sexual abuse of a minor is an aggravated felony.
• Drug Trafficking Offenses
  • Includes sale, distribution, or possession with intent to sell. Lopez v. Gonzales (2006) clarified that simple possession is not an aggravated felony, but trafficking offenses are.
• Firearms or Explosives Trafficking
• Fraud or Money Laundering Involving Loss Exceeding $10,000
  • Kawashima v. Holder (2012) ruled that filing a false tax return with a loss over $10,000 qualifies.
• Crimes of Violence with a Sentence of At Least One Year
  • Sessions v. Dimaya (2018) struck down the vague residual clause but left intact clearly violent felonies.
• Theft Offenses with a Sentence of At Least One Year
  • United States v. Rodriguez (2008) confirmed this scope.
• Child Pornography Offenses
• Alien Smuggling (Non-Family)
• Failure to Appear for Service of Sentence (Sentence ≥ 5 Years)
• Attempt or Conspiracy to Commit an Aggravated Felony

Landmark U.S. Supreme Court Cases

• Lopez v. Gonzales, 549 U.S. 47 (2006)
  • Key Ruling: Simple drug possession is not an aggravated felony.
• Sessions v. Dimaya, 138 S. Ct. 1204 (2018)
  • Key Ruling: Struck down vague definition of "crime of violence."
• Kawashima v. Holder, 565 U.S. 478 (2012)
  • Key Ruling: Tax fraud with loss over $10,000 is an aggravated felony.
• Nijhawan v. Holder, 557 U.S. 29 (2009)
  • Key Ruling: Court may look beyond statutory elements to actual facts.
• Moncrieffe v. Holder, 569 U.S. 184 (2013)
  • Key Ruling: Small-scale marijuana sharing (meeting the INA's definition of "trafficking") may not always be an aggravated felony if it doesn't correspond to a federal felony. (Slight rephrasing for clarity based on common understanding of Moncrieffe – original text was "Small-scale marijuana sharing is not an aggravated felony," which is a simplification).

Legal and Practical Impact

For green card holders, the legal impact of an aggravated felony conviction is devastating:

• Deportation without relief.
• Ineligibility for naturalization.
• Permanent inadmissibility to return to the U.S.
• Mandatory detention during removal proceedings.
• No eligibility for asylum, cancellation of removal, or waivers.

Additionally, lawful permanent residents with any criminal conviction — particularly those that may be considered aggravated felonies — should exercise extreme caution when traveling outside the U.S. Under INA § 101(a)(13)(C)(v), an LPR may be treated as seeking admission upon return and placed in removal proceedings.

A Cautionary Reminder

Every immigrant should remember: One mistake can change your life forever.

That is why it is critically important for green card holders who have been charged, convicted, or even arrested to seek competent immigration counsel immediately. Do not assume that your green card protects you — the law is clear, but the consequences are harsh.

A Final Word of Hope

While the law can be unforgiving, it also reminds us of something deeper: the American immigrant story is not only about opportunity but about responsibility. We carry not only our dreams but also the duty to uphold the laws and values of the country we now call home.

But knowledge is power. By understanding the law, we are better equipped to protect our families, our future, and the hard-earned privileges we have achieved. Each day is a new chance to live with dignity, integrity, and respect — not just for the law but for the sacrifices that brought us here.

In the end, it’s not only about keeping your green card — it’s about preserving your future, your family, and the legacy you are building. Let us all choose to live wisely, stay informed, and never forget why we came here in the first place: to build a better life.

This article is provided for informational purposes and does not constitute legal advice. For legal help, consult an experienced immigration lawyer or contact our office at Valera & Associates, PC, Metropolitan Washington, D.C.