Button 3 Button 1 Button 2 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
  • Google
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600


58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500


105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Criminal Convictions Under Immigration Law

Posted on in Immigration
  • Font size: Larger Smaller
  • Hits: 1409
  • Print

DuPage County deportation attorneys, criminal convictions, immigration lawMost people are aware nowadays that there are several different varieties of criminal conviction. However, when dealing with immigration law, the lines blur. It can be a rude awakening to learn that in some instances, even misdemeanors can result in your being declared inadmissible or deportable.

While it is possible to obtain waivers or other decisions that result in your being permitted to stay in the U.S., your best defense against being found deportable is to be aware of what kind of conduct is proscribed.

The Myth of the Aggravated Felony

U.S. immigration law centers around what are referred to as aggravated felonies, though not all the crimes on the list are actual felonies under U.S. criminal law. If you are convicted of an aggravated felony, you are immediately deportable, and in many cases, you will not be permitted to return. Or, you will have to face a long bar before re-entry is possible. The only real characteristic that these crimes share is being on the list that labels them as aggravated felonies–which, as one might imagine, makes it difficult to accurately know what constitutes an aggravated felony and what does not.

At the inception of the relevant law, only violent crimes such as murder and trafficking were on the list. However, the definition has expanded exponentially. Examples of crimes which are often neither aggravated nor felonies under criminal law, but will nonetheless render a non-citizen deportable include:

  • Involuntary manslaughter;
  • Theft;
  • Battery (simple or with assault);
  • Filing a false police report;
  • Possession of less than one gram of marijuana; and
  • Many other crimes that are misdemeanors or common nolo contendere pleas under criminal law.

Options for Deportation Relief

If you have committed a crime you believe to be an aggravated felony, there are very few options for deportation relief. If you are convicted, immigration authorities are required to detain you until preparations can be made for your deportation, and in some cases, authorities may even be able to deport you without a hearing. There are three possibilities under which aggravated felons may be able to obtain deportation relief, though all of them are somewhat farfetched depending on the circumstances of your case.

The first is to apply for what is referred to as withholding of removal. Withholding is available if the crime you were convicted of carries a sentence of less than five years, and it is generally granted to those who can show that they would be “more likely than not” to face persecution if returned to their home country, or who can show a significant risk to their safety. The second possible method of deportation relief is similar; it is to apply under the Convention Against Torture (CAT). CAT relief is granted to those who would more likely than not be subjected to torture if sent back to their country.

The third possibility for deportation relief is farfetched but possible; some waivers are available under Sec. 212(h) of the Immigration & Nationality Act for those who are otherwise eligible for a family-based U.S. green card. These situations are very few and far between, however, as the person must also show extreme and unusual hardship would result from their deportation.

Contact an Immigration Attorney

The specter of being deported is terrifying, especially if you are a person who normally complies with the law. The advice of an experienced attorney can make a world of difference. The skilled DuPage County deportation attorneys at Mevorah Law Offices LLC have years of experience in navigating these complex cases, and are happy to help you determine how best to approach yours. Contact our offices today at 630-932-9100 or complete our web form to set up an appointment.






  • DuPage County Immigration Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted